Download Chapter 6: Congress: The Presidency Section 2: The Powers of the

Chapter 6:
The Presidency
Section 2:
The Powers of the Presidency
(pgs.169-178)
Appointment & Removal Powers
• Today the president directly
appoints around 3,000 people.
• Often the president will
reward his supporters by
appointing them to key
positions.
• A third are subject to “advice
& consent” of the Senate, like
justices, judges, ambassadors,
cabinet members, and military
advisers.
• Most serve “at the pleasure of
the president,” but he cannot
fire federal judges and justices
that serve for life. Only the
Senate can impeach them.
Executive Orders
• This is a formal rule or
regulation instructing
executive branch officials on
how to carry out their jobs.
• They have the force of law
and give the president great
power.
• They are not in the
Constitution but presidents
use them to take “care that
the laws be faithfully
executed” (Article II Section
3).
• They are used to clarify laws,
or to establish rules for an
executive agency.
Executive Order 9066
Executive Privilege
• This power allows a
president to refuse to
release information to
Congress or a court, b/c
of national security or to
protect their advisers.
• This power is often
disputed by the other
branches
• Example: Watergate in
the early 1970s and the
Supreme Court case
United States v. Nixon
Diplomatic Powers
• As foreign policy leader, the
president represents the U.S. in
its interactions with foreign
governments
• The president’s treaty making
power is limited by Congress.
Two-thirds of the Senate has to
approve of the treaty.
• The president can also make
executive agreements, these are
agreements between the
president and the head of a
foreign government, these don’t
need Senate approval.
• The president also has the power
of diplomatic recognition, which
is a formal recognition of the
legitimacy of a foreign
government.
Military Powers
• As commander in chief, the
president has the responsibility to
ensure the defense & security of the
nation & its interests around the
world.
• Presidents have called out the
armed forces more than 200 times
but Congress has only declared war
5 times
• Korea & Vietnam were not declared
wars by Congress.
• After Vietnam, Congress passed The
War Powers Act in 1973, which
requires the president to come
before Congress b/w 60 to 90 days
of military forces engaged in a
conflict and ask Congress for
permission.
• Presidents have said this law is
unconstitutional.
Legislative Powers
• The president has great
power to influence the work
of Congress as the chief
agenda setter.
• Through the annual State of
the Union and he can
suggest legislation at any
time.
• Of course his main
legislative power is the
veto.
• It is very difficult to override
a veto- Two-thirds vote of
Congress.
Judicial Powers
• The president gets to nominate
federal judges and justices. This way
he can pick people that have the
same opinions as he does.
• The president also has the power to
grant a reprieve or pardons.
• A reprieve postpones the carrying
out of a sentence or the length of
time a person has to stay in jail.
• A pardon releases a convicted
criminal from having to fulfill a
sentence.
• The president can also offer
amnesty, which grants a group a
pardon.
• The president also can has the
power to commute, or reduce a
person’s sentence.
• Presidents can only use these tools
in federal cases, not state cases.
Informal Powers
• Today, the president can
take advantage of TV,
radio, & internet
reporters that follow him
everywhere.
• As party leader, the
people of his party in
Congress are expected to
follow his lead. In return,
he offers support at
election time.
• The president ability to
use these tools depends
on his popularity at any
given time.
Formal Checks on the
President
• Judicial Review- examples
Watergate or the lineitem veto
• The Senate can block the
president’s choice for top
positions and the Senate
can block treaties.
• Congress can also
override a presidential
veto with two-thirds of
the members vote
Informal Checks on the President
• The media is a major
check on the presidential
power.
• The 1st Amendment
protects the Press and
this allows the press to
keep the president in
check. Examples:
Watergate, Pentagon
Papers
• Public approval is another
check on presidential
power. If a president has
strong public support he
can push Congress his
way.
Changes in Presidential Power
The First 100 Years
• The Framers created a
government based on a
separation of powers, &
they gave the majority of
government power to
Congress, and early
presidents agreed with
this.
• President Jackson did not
agree. He vetoed acts just
b/c he did not like them.
• Congress censured
Jackson.
Presidential Power Expands
• During the Civil War, President
Lincoln took on great powers to save
the Union.
• After the Civil War & Reconstruction
power went back to the Congress.
• But in 1901, Teddy Roosevelt saw
the office of the president as a “bully
pulpit” and used it to take on big
business.
• TR got Congress to give the
president power to regulate
commerce, protect park lands, and
ensure safety of the food supply.
• FDR got even more power during the
Great Depression, with his New
Deal.
• By the 1960s & 1970s people were
concerned w/ the imperial
presidency.
Presidential Power & the Media
• Presidents have long relied
on the Media to get their
message out.
• Early presidents used
printed material.
• FDR used the radio
• Modern presidents use the
TV & internet.
• Presidents carefully
engineer their message and
how it will be received by
the press.
• Intense media scrutiny can
quickly damage a president.