Download THE AMERICAN PRESIDENCY

THE AMERICAN
PRESIDENCY
UNIT 16
Preview





Constitutional Convention (1787)
Powers of the President: executive, judicial,
legislative, foreign affairs, military
Checks and balances: limitations of
presidential powers
Elections
Impeachment
Term of Office

He shall hold his office during the term of
four years, and, together with the Vice
President, chosen for the same term, be
elected as follows:
5. Requirements Set for
the President



natural-born citizen of the US
the age of thirty-five years
resident of the US for 14 years
6. Filling a Presidential
Vacancy

In case of the removal of the President
from office, or of his death,
resignation, or inability to discharge
the powers and duties of the said
office, the same shall devolve on the
Vice President (…)
8. Presidential Oath of
Office

Before he enter on the execution of his
office, he shall take the following oath or
affirmation: - „I do solemnly swear (or
affirm) that I will faithfully execute the
office of President of the United States, and
will to the best of my ability, preserve,
protect, and defend the Constitution of the
United States.”
POWERS OF THE PRESIDENT





Executive
Legislative
Judicial
Foreign Affairs
Military Powers
Executive Powers



The President enforces the Constitution and
the laws passed by Congress; executive
orders
Appoints all important government officials,
including Cabinet officers and members of
administrative agencies
The head of state, ceremonial head of the
government and symbol of national unity
Executive order



A directive issued by the President or the
Administration requiring certain acts to be
carried out in domestic or foreign situations
In other countries, similar edicts are known
as decrees.
Some orders - the force of law when made
in pursuance of certain Acts of Congress,
when those acts give the President
discretionary powers.
Judicial powers


appoints judges of the Supreme Court
and all other officers of the United
States, whose appointments are not
herein otherwise provided for
power to grant reprieves and pardons
for offenses against the United States,
except in cases of impeachment
Legislative Powers


Every bill passed by Congress must be
signed by the President
The power of veto
Legislative powers


President cannot directly introduce
legislative proposals for consideration
in Congress.
He can take an indirect role in shaping
legislation, esp. if the president's party
has a majority in one or both houses
of Congress.
Legislative powers



President or other officials of the executive branch
may draft legislation and then ask senators or
representatives to introduce them into Congress.
President can further influence the legislative
branch through constitutionally mandated, periodic
reports to Congress.
These reports may be either written or oral, but
today are given as the State of the Union Address,
which often outlines the president's legislative
proposals for the coming year.
Military powers

The President shall be Commander in
chief of the Army and Navy of the
United States (…)
Foreign relations:


He shall have power, by and with the advice and
consent of the Senate, to make treaties, provided
two-thirds of the Senators present concur;
and he shall nominate, with the advice and consent
of the Senate (...) ambassadors, other public
ministers and consuls
Judicial Powers


The President may grant pardons in
cases involving federal crimes, except
in cases of impeachment
Appoints all federal judges; however,
it is impossible for the President to
remove a justice from the Supreme
Court – their tenure is guaranteed
„during good behaviour”
Powers Over Foreign Affairs




Determines the foreign policy of the nation and is
responsible for the conduct of foreign affairs
Appoints the Secretary of State, ambassadors,
consuls and ministers; subject to the Senate’s
approval
Directs diplomatic matters and negotiates treaties
with other countries
Receives foreign ambassadors, may recognize or
refuse to recognize foreign governments
Foreign affairs: Treaties



Treaties – considered as the supreme
law of the land, together with the
Constitution and federal statutes
Congress exerts control over the
executive because it has to pass
legislation to implement the terms of a
treaty
Treaties are not „self-executing”
Military Powers



Commander-in-chief of the armed
forces
Appoints the top military commanders
and may remove them from their
commands
May order the armed forces into action
within the U.S. and in other countries
LIMITATIONS ON
PRESIDENTIAL POWERS:
Executive Powers


Appointments of important government
officials require approval by a majority of
the Senate
Executive orders may be challenged in the
courts and reviewed as to their
constitutionality
Limitations of Legislative
Powers



President’s requests for legislation need not
be passed by Congress
His veto may be overriden by a two-thirds
vote of each House of the Congress
His party members may refuse to back up
his programs
Limitations on Judicial Powers



Appointments of federal judges require the
approval of a majority of the Senate
Federal judges have life tenure and decide
cases independently of Presidential wishes
or judgement
Power to grant pardon does not extend to
cases of impeachment
Foreign Affairs



Appointments of major foreign affairs
officials require the approval of a
majority of the Senate
Treaties with other countries go into
effect only if ratified by two-thirds
majority of the Senate
His foreign policies may be examined
and criticized by Congress committees
Limitations on Military Powers



Presidential authority does not extend to
declaring war, for that power resides
exclusively in Congress
Management of the military depends upon
Congressional legislation authorizing
conscription and development of weapons
Funds for military expenditures require
Congressional allocations of funds
Impeachment Power of
Congress


An extreme check upon the President
Formal accusation made by a
legislature against a public official
charging crime or serious misconduct
Impeachment against the
President



The House of Representatives by majority vote may
bring impeachment charges against the President
for “treason, bribery, or other high crimes and
misdemeanors”
The Senate, with the Chief Justice of the Supreme
Court presiding, acts as the jury and hears the
charges
The Senate requires a two-thirds vote to declare
the President guilty and remove him from office
Summary









Constitutional powers of the President:
Head of state
Chief executive
Commander in chief
Chief diplomat
Legislative powers
Limitations of presidential powers: “checks and balances”
Elections
Impeachment
Legal terms




A proposed or projected law:
Bill
Accusation of a public official for
misconduct, aiming at his removal
from office
impeachment
Legal terms








A written accusation that person has committed a
crime
Indictment
A person who institutes an official prosecution
before a court
Prosecutor
To examine or investigate judicially
Try
To find or declare guilty of an offence or crime
convict
Legal terms




A betraying, treachery, or breach of
faith against the government:
Treason
The taking or giving money for the
performance or non-performance of a
public duty
bribery
Legal terms


A crime of a serious or aggravated
nature; an offence which the U.S.
Senate deems to constitute adequate
grounds for removal of the president,
vice president, or any civil officer as a
person unfit to hold public office and
deserving of impeachment
High crime
Legal terms




Misbehaviour or misconduct; otherwise, a
less serious crime that is punishable by a
fine or a prison sentence of short duration
Misdemeanor
Deliberate violation of a rule of law or
standard of behavior, especially by a
government official
misconduct
Fill in the missing words: appoints, chief
Congress, enforces, Executive,
government, orders
,

___powers. The President___ the
Constitution and the laws passed by___. For
these purposes, he may issue executive___.
He___ all important government officials,
including Cabinet officers and members of
administrative agencies. He is the ___of
state, or ceremonial head of the ____and
symbol of national unity.
Key

Executive Powers. The President enforces
the Constitution and the laws passed by
Congress. For these purposes, he may issue
executive orders. He appoints all important
government officials, including Cabinet
officers and members of administrative
agencies. He is the chief of state, or
ceremonial head of the government and
symbol of national unity.
Put the verbs in brackets
into appropriate forms

The legislative powers of the President
____(limit, passive). His requests for
legislation need not __(pass, passive)
by Congress either in regular of special
sessions. His veto may ___(override,
passive) by a two-thirds vote of each
House of Congress. His party members
may ___(refuse) to back his program
Key

The legislative powers of the President
are limited. His requests for legislation
need not be passed by Congress either
in regular of special sessions. His veto
may be overriden by a two-thirds vote
of each House of Congress. His party
members may refuse to back his
program
appointments, impeachment, judicial,
judgment, pardons, Senate, tenure

The ___powers of the President are
limited. His___ of federal judges
require the approval of a majority of
the___. Federal judges have life___
and decide cases independently of
Presidential wishes or___. His power
to grant ___for federal offenses does
not extend to cases of___.
Key:

The judicial powers of the President are
limited. His appointments of federal judges
require the approval of a majority of the
Senate. Federal judges have life tenure and
decide cases independently of Presidential
wishes or judgment. His power to grant
pardons for federal offenses does not
extend to cases of impeachment.