The Modern The Modern PresidencyPresidency

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 Constitutional Powers and 8.4 Constitutional Powers and Duties of the PresidentDuties of the President

The Powers of the Presidency Have Grown Substantially in Modern Times...

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 Constitutional Powers and 8.4 Constitutional Powers and Duties of the PresidentDuties of the President

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

…Many modern presidential powers are NOT specifically stated in the

Constitution.

8.4 Constitutional 8.4 Constitutional PowersPowers

• 4a Growing Presidential Powero In addition to expressed constitutional powers and the inherent powers

claimed by presidents…o …Congress has granted broad authority to presidents (often to deal with

crises)

o i. CASE STUDY – War Authorization (2001)• Authorization for the use of military force = Authority to fight the war on

terrorism!!• Why would congress give the president such wide ranging

powers?• How does politics play into the story?

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 Constitutional 8.4 Constitutional PowersPowers

• Military powers

• Diplomatic powers

• Executive powers

• Legislative powers

• Judicial powers

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 Constitutional Powers8.4 Constitutional Powers• 4b Executive - Basic role of the President is to

“execute” or carry out the law.o “The executive power shall be invested in a President of the United States

of America.” (Art II, Sec 1, p 1)

o “he shall take Care that the Laws be faithfully executed…” (Art. II, sec. 3)

• This is one of the most “elastic” phrases of the Constitution.

Executive Action – Immigration26 States Sue, Judge Orders Temporary Stay

8.4 Constitutional 8.4 Constitutional PowersPowers

• Views of Executive Powero I have used every ounce of power

there was in the office and I have not cared a rap for the criticisms of those who spoke of my usurpation of power... I believe that the efficiency of this Government depends upon its possessing a strong central executive…

o Theodore Roosevelt, 1908

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 Constitutional 8.4 Constitutional PowersPowers

• 4b Executiveo Presidents can invoke “Executive Privilege”, especially on matters of

national security.

o U.S. v. Nixon (1974)

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 Constitutional 8.4 Constitutional PowersPowers

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

• 4b Executiveo Cast Study – Little Rock Nine

8.4 Constitutional 8.4 Constitutional PowersPowers

• 4c Legislative Powerso Formal…

• Veto power (expressed)

• Federal Budgets (Statute)

o Informal…• Expected to lead on policy

• Policy Agenda - State of the Union Address

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 Constitutional 8.4 Constitutional PowersPowers

• 4c Legislative Powers - The Vetoo Expressed legislative constitutional power (only one).

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 Constitutional 8.4 Constitutional PowersPowers

• 4c Legislative Powers - Budgetary Powerso 1921…o OMB (Office of Management & Budget – 1970)

Obama Unveils 2011 Federal Budget / Partisan Bickering (NPR, Feb 11, 2011)

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 Constitutional 8.4 Constitutional PowersPowers

• Nominates Federal Judges……. Presidents can “Shape” the Court

8.4 Constitutional 8.4 Constitutional PowersPowers

• Grant pardons for federal crimes

o Ford Pardons Nixon

o In Depth

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 Constitutional 8.4 Constitutional PowersPowers

• 4e Diplomatic Powers o President = Head of Stateo Treaties with Foreign nations…

• … Requires the “Advice and consent” of the Senate (2/3 rds vote)

o Obama … Cuba (Dec 2014)

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 Constitutional 8.4 Constitutional PowersPowers

• 4e Diplomatic Powerso Executive Agreementso Diplomatic Recognition

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 Constitutional 8.4 Constitutional PowersPowers

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

“The President shall be Commander in Chief of the Army and Navy of the United States” (Art. II, Sec 2, par 1)

The President’s role as Commander in Chief is perhaps his most vital.

8.4 Constitutional 8.4 Constitutional Powers In DepthPowers In Depth

Executive Orders & Inherent Powers

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 In-Depth, Directives & Executive 8.4 In-Depth, Directives & Executive

OrdersOrders• “Presidential Directives”

o Most common are Executive Order• Have the force of law• Can be challenged / reversed

o National Security Directives and “ findings”

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

• Japanese Internment

o FDR’s 1942 E.O. 9066

o Court: removal…, though constitutionally suspect, is justified during circumstances of "emergency and peril."

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 In-Depth, Directives & Executive Orders8.4 In-Depth, Directives & Executive Orders

• Clinton signs an executive order on the rim of the Grand Canyono Broad congressional statute………

Executive Orders

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 In-Depth, Directives & Executive Orders8.4 In-Depth, Directives & Executive Orders

8.4 8.4 In-Depth, Inherent Powers & National In-Depth, Inherent Powers & National

SecuritySecurity• All presidents have claimed “inherent” powers

o Domestic eavesdropping • Bush Defends Wiretapping

o Capture and Render terror suspects• Nov. 13, 2001 President Bush issues “finding”

o Enhanced interrogation

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

Cheney’s Law

• “There were a powerful set of shared assumptions that we had in the wake of 9/11, and one of the most powerful was the assumption that we would never be forgiven if we failed to do something that was within the power of our government lawfully to protect the public from a further attack”

o Bradford Berenson, Associate White House Counsel To President Bush

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 In-depth, Inherent Powers & National Security8.4 In-depth, Inherent Powers & National Security

• John Yoo, Memo (9/25/01)o The President has broad constitutional power to take

military action in response to the terrorist attacks on the United States on September 11, 2001. Congress has acknowledged this inherent executive power in both the War Powers Resolution and the Joint Resolution passed by Congress on September 14, 2001…..The President has constitutional power not only to retaliate against any person, organization, or State suspected of involvement in terrorist attacks on the United States, but also against foreign States suspected of harboring or supporting such organizations….. The President may deploy military force preemptively against terrorist organizations or the States that harbor or support them, whether or not they can be linked to the specific terrorist incidents of September 11.

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 In-depth, Inherent Powers & National Security8.4 In-depth, Inherent Powers & National Security

• … to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on Sept. 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons. -- War Authorization Act, 2001AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 In-depth, Inherent Powers & National Security8.4 In-depth, Inherent Powers & National Security

• Obama signs order to shut down Gitmo (NY Times)

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL

8.4 In-depth, Inherent Powers & National Security8.4 In-depth, Inherent Powers & National Security

Finis Finis PerfectusPerfectus

Jump to Organization

AP U.S. GOVERNMENT TIMPANOGOS HIGH SCHOOL