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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.