The Powers of the President

First, some background…

The President and Executive Branch

• Generally, the job of the President (and the Executive branch) is to…

…“Take care that the laws be faithfully executed” (carried out, enforced)– Ex. Branch enforces laws,

treaties and court decisions

What is the main job of the president?

Powers of the President

The president is given several powers in Article II of the Constitution to help him perform these duties.

Presidential Powers can be grouped into 5 categories…

• Executive powers • Diplomatic powers• Legislative powers• Military powers• Judicial powers

Additionally, Presidential powers can be one of two

types:• “Expressed”:

– Directly stated in the Constitution• “Implied”

– Not directly stated, but “created” by the president to help him do his job• “Uphold Constitution, preserve and defend United

States”• Based on vague language in Article II…

Appointment power• Who can the president appoint to the executive

branch?– Who must approve?

• Is this power expressed or implied?

**Prez/VP only elected members of Ex. Branch

Executive Orders• “Presidential rules that have

the force of law”– Must be constitutional and agree

with current law• “Implied” Power

Example: President Bush used an executive order to set up a wiretapping program to catch terrorists after September 11th, 2001.

Executive Privilege

• “Right of the President to withhold information from the courts, Congress or the public”– Most often used when secrecy is

needed (wartime, national security, etc.)

– “Implied” power that has been limited by judicial review

**One well-known example deals with President Nixon

Treaties/Executive

agreements

• Presidents can negotiate treaties and executive agreements– On issues such as peace, disarmament, trade, or

immigration

**Why would a president use an executive agreement instead of a treaty?

• Treaties = “agreements with other nations that require Senate approval (2/3rds)” (EXPRESSED)

• Executive agreements = agreement between heads of state (does not require Senate approval) (IMPLIED)

Appointing ambassadors/diplomats

• Presidents have the power to

appoint those who work in/with

foreign nations– “Expressed” power– Subject to Senate

approval (2/3rds)

**Why might the Senate, especially after the elections of 2006, be very picky in who it confirms to these

positions?

Recall these pictures…

What might they have in common?

The island of Taiwan

Fidel Castro – Cuba

Mahmud AbbasPalestinian Authority

King Wangchuck – Bhutan

What’s the connection?

Kim Jong-Il

North Korea

Presidential Diplomatic Powers 400

A: What is these are 5 “nations” whose governments are not currently recognized by the United States?

S2C13 Jeopardy Review

The common connection between the leaders/nations of Bhutan, Cuba, North

Korea, Taiwan and the Palestinian territories…

Recognition• What is recognition

**Can be used to express approval or disapproval of a nation’s actions

Sanctions: • Rules or actions that restrict

trade, finances, or travel with another country as a punishment for its actions…– “Implied” power…– The new US sanctions against

Iran are a good example of the use of this power.

In addition to refusing to recognize a country’s government, the president may choose to place

sanctions on a nation…

Sanctions

State of the Union Address

• What is the purpose?

• When does it take place?

• Who watches the speech?

State of the Union Address

• He can also have an even larger impact on laws at the end of the process by using…

• This is how the president can have an effect on laws at the beginning of the lawmaking process…

The “Veto” (“I object”)

• All bills which pass Congress end up on his desk…– He has 3 options…

• He can sign it (becomes law), do nothing, or veto it…– A veto means the bill is sent back to Congress with

the president’s objections.

• What option does Congress have when a president vetoes their bill?

The President not only makes suggestions for laws,

but also has the (almost) final say in whether a bill

passes…

Military Powers• What does it mean to be cic?“Directs the armed forces”

– What does it mean to..?

• Should we stay in Afgh?

Pardons• What are pardons?

• How is a reprieve different?

Reprieves

Article II, Sec. 2 of the Constitution gives the President the right to grant…

Examples

• Gerald Ford granted a pardon to Richard Nixon for anything he might have done during the Watergate scandal…

**Many presidents have used this power during their terms…presidents average around 400 pardons per term…

• George Bush Sr. pardoned 5 officials involved in the Iran-Contra scandal.

• Bill Clinton issued 395 pardons…140 of which were granted on the last day of his term in office.

Amnesty

• “What is amnesty?

• Should amnesty be given to illegal immigrants? What about people who owe taxes if they agree to pay?

Review1)

1)What is executive privilege?

2) What is the difference between a treaty and an executive agreement?

3) When a president accepts or approves another country’s government, it is called…

5) What are the two parts of the War Powers Act?

4) What is a veto?

6) What is the difference between a pardon and a reprieve?

Choose a question and answer it on your FrontPage sheet…

• Should US soldiers be permitted to use forms of torture against prisoners of war?

• What is the most important need facing this country this year?• Should the US invade Iran if that nation tries to make nuclear

weapons, or should we try to deal with them diplomatically?• Should there be a law that provides health insurance to all American

children under the age of 18?• Should the government be able to randomly listen in on your cell

conversations or read your email?• Should illegal aliens (immigrants) already in this country be allowed a

path to become citizens?• Should the president be given as much power as possible to fight the

war on terrorism?