Presidential Powers

EVOLUTION OF PRESIDENTIAL POWER

The Presidency was a relatively weak institution prior to the 20th

century as Congress was the dominant branch.

Presidential power has expanded due to:

Internal social and economic crises

Foreign policy crises

Expansion of federal power by Congress that necessitated an

expanded federal bureaucracy administered by the Chief Executive.

EVOLUTION OF PRESIDENTIAL POWER

•The founders wanted Congress to be the dominant branch

•The Presidency was a relatively weak institution prior to the 20th

century as the federal government was itself relatively weak

CONSTITUTIONALLY SPECIFIC POWERS (ARTICLE II)

•Commander-in-Chief of the Armed Forces

•Commission Military Officers

•Grant reprieves & pardons

•Call special sessions of Congress

•Receive ambassadors

•Faithfully execute the laws

•Wield executive power

•Appoint officials to lesser offices

POTUS LIMITED BY:

•The Constitution

•Popular Opinion/Politics

•Public support for a President may

impact how much support he receives

from Congress for his programs.

***LAME DUCK***

A President who has either been voted

out of office after his first term or is

unpopular during the latter part of his

second term.

Congress

POTUS and Congress frequently struggle for power and

often have different agendas, even under a unified

government.

Veto override

Impeachment

Treaties require Senate confirmation

Cabinet and judicial appointments, ambassadorships

require Senate confirmation

Congressional oversight of actions taken by the

executive branch

Secretary of State Hillary Clinton testifies

before the House Committee on Foreign

Affairs 2013

Attorney General

Eric Holder testifies

in the “Fast and

Furious” arms

investigation

Former IRS

employee testifies

before House

Oversight

Committee 2013

The Courts

Presidential initiatives or actions may be ruled

unconstitutional

EX: U.S. v. Nixon (1973) limited executive privilege

PERCEIVED LIMITATIONS

***DIVIDED GOVERNMENT***

-When the White House and one or both houses of

congress are controlled by different parties.

-Generally NOT a limitation as compromises benefit

both sides

-Unless POTUS has an ideological majority in both

houses, he is more likely to lose legislative battles

***GRIDLOCK***

-The inability of the federal government to act due to

divided government.

-Generally NOT a limitation as compromises benefit

both sides.

-Also an inherent safeguard as it prevents too many

radical actions by Congress and POTUS

***IMPERIAL PRESIDENTS***

•Imperial presidents will act without

consultation with the other branches in

order to move their agenda forward.

•Often done via ***executive

orders/actions***-orders have the full

force of law when that authority is

granted by the Constitution or an act of

Congress.

POTUS’ PROGRAM

Major initiatives that POTUS seeks to enact

Presidential Programs are shaped by…

Interest groups

-They generate new ideas

Aids & Advisors

-They test new ideas for political soundness (“Will we have

the backing of Congress and/or the public?”)

Federal Bureaus and Agencies

-Will know whether or not a program can even work and how

to implement it.

Outside Experts

-Provide criticisms