Presidential Power

Presidential Power

• Development of Presidential Power• The Modern Presidency• Powers of the President• Growth of Presidential War Powers• Informal Powers• Limitations on Presidential Power

Development of Presidential Power

• All presidents have had similar formal grants of power and constraints via the Constitution.

• The power and success of the presidency is dependent upon:– the personality of the person holding the office,– the informal powers of the presidency,– the goals of the officeholder,– and, the timing of events… events often shape a

presidency (for example, crises often lead to an expansion of presidential powers.

The Modern Presidency

• In the 20th century, the presidency has become even more powerful.• The modern Presidency begins with FDR who was elected to four terms

during two huge national crisis:– The Great Depression– World War II

• FDR also personalized the presidency with his use of radio “fireside chats” directly reaching out to the American people.

• The modern president– leads a large government,– plays an active and leading role in foreign and domestic policy,– plays a strong legislative role,– and uses technology to get ‘close to Americans’.

The Powers of the President

• Executive Powers– “The executive Power shall be vested in a President” (Article II, Section 1)– Implement policy: “take care that the Laws be faithfully executed” (Article II, Section 3)– Supervise executive branch of government / request written opinions of administrative officials– Appoint and remove executive officials (Article II, Section 2)– Prepare executive budget for submission to Congress (by law of Congress)– Issue executive orders (proclamations, national security directives, presidential decision

directives)– Issue signing statements

• Legislative Powers– Initiate policy: “give to the Congress Information of the State of the Union, and recommend to

their Consideration such Measures as he shall judge necessary and expedient” (Article II, Section 3)

– Veto legislation passed by Congress, subject to override by a two-thirds vote in both houses– Convene special sessions of Congress “on extraordinary Occasions” (Article II, Section 3)– Adjourn Congress if the House and Senate cannot agree on adjournment

The Powers of the President

• Diplomatic Powers– Make (negotiate and formalize) treaties “with the Advice and Consent of the Senate” (Article

II, Section 2)– Exercise the power of diplomatic recognition: “receive Ambassadors” (Article II, Section 3)– Appoint ambassadors: “appoint Ambassadors, other public Ministers and Consuls” (Article II,

Section 3)

– Make executive agreements (by custom and international law)• Judicial Powers

– Grant reprieves and pardons for federal offenses, except impeachment (Article II, Section 2)– Appoint federal court and Supreme Court judges with confirmation by the Senate (Article II,

Section 2)

• National Security/Military Powers– Command U.S. armed forces: “The president shall be Commander-in-Chief of the Army an

Navy” (Article II, Section 2)– Appoint military officers

Growth of Presidential War Powers

The Constitution divides war powers between the executive and legislative branches. Congress is given the power to declare war and the president is commander-in-chief of the armed forces. Since the president’s powers are not specifically defined in the Constitution,

Informal Powers• Executive agreements• Media attention / “Bully pulpit” / Morale building- ideas

about social issues (Bush’s AIDs program with Bono); press conferences- demand media coverage

• “Agenda Setter”- raise issues• Meet with world leaders• Crisis manager• International coalition building• Foreign policy- recognized as global leader: speeches, state

dinners, travel to foreign countries, etc. • Power images- Air Force One, Hail to the Chief, White House

Limitations on Presidential Power

• Judicial Branch (The Courts)– The Supreme Court can exercise judicial review over presidential

actions.– The Court is reluctant to declare a president’s wartime actions illegal.– The Court did intervene a couple of times in response to presidential

actions taken in the wake of the 9/11 terrorist attacks.

• Legislative Branch (Congress)– Override a president’s veto by two-thirds vote of both houses of

Congress– Impeach (House) and try (Senate) a president– Confirm or reject appointments (Senate)– Controls budget (purse strings)

Limitations on Presidential Power• Legislation: The War Powers Resolution (1973)

– Congress sought to limit presidents’ ability to act without a declaration of war. – Presidents must consult with Congress before troops are sent into hostile

situations. – If that is not possible because of emergency, presidents must file a report with

Congress within 48 hours.– If Congress has not declared war or approved the action, the president must

withdraw the troops within 60 days. Congress can grant a 30-day extension. – Presidents have stated that the law did not apply in certain situations or that

its provisions are unconstitutional. (Obama claimed the War Powers Resolution did not apply to U.S. military actions in Libya in 2011)

Limitations on Presidential Power• The Bureaucracy

– Institutions (departments and agencies) in the executive branch can be resistant to change and unresponsive. They can:• fail to provide important information• misinterpret instructions• delay action / on a president’s programs• fail to complete assigned tasks in a timely manner

– With growth of the bureaucracy, this problem for presidents has grown.

• The Media– Newspapers, magazines, radio, and television may restrain government by

exposing and publicizing facts about the political system. – The 1st Amendment protects freedom of the press.

Limitations on Presidential Power

• Public Opinion / Permissibility– An informed public can check the president’s actions. – Presidents often are blamed by the public for problems they cannot control;

good performance may go unrecognized. – Must be legal and acceptable to the public.– The president is also limited by the public’s short attention span.

• Available Resources / Time / Information– Must establish priorities for the best use of existing money, manpower, time,

brains, and material.– Must meet deadlines and schedules, yet works within a limited term.– Must have the proper information to make good decisions.

Limitations on Presidential Power

• Previous commitments / Political reality / Personalities– Precedents set by former presidents will shape a president’s actions, even his

own actions can become precedents- which cannot easily be abandoned.– Time and circumstances impose limits- FDR’s New Deal would have died in the

courts prior to the Great Depression; LBJ could not have recognized China, etc.– A president’s personal character, political philosophy, ability to get the job

done, and ability to “rally the people” all contribute to the accomplishment of his goals.