President's Formal & Informal Powers

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Inherent Powers of the President

Powers that belong to the president because they can be inferred from the Constitution

What are the president's war powers? What are Congress's war powers? How might they conflict with one another?

President is the Commander in Chief so he can control the troops (killing Osama Bin Laden) A president's powers is more implied. Congress has the power to declare war, fund for war, and approve military generals This causes conflict because the powers can try to top each other.

Setting legislative agenda

President is the initiator, meaning that they can influence/recommend a law to Congress, but can' t start legislation

How can Congress check the president

-Overriding a presidential veto with a 2/3 of both house vote -refusing to ratify treaties -refusing to fund programs -rejecting legislative agenda -refusing to accept the president's nominees

Executive agreements

An international agreement made by the president, without senatorial ratification, with the head of a foreign state

Diplomatic Powers of the President

Are powers that allow the president to form and maintain relationships with foreign countries. 1) appoints ambassadors 2) negotiates treaties 3) meets foreign leaders 4) accords diplomatic recognition 5)receives foreign dignitaries

What is a recess appointment?

Decisions that are made when the senate is not in session. Whatever is decided during a recess appointment is not official until the senate returns.

What responsibilities does the president have related to foreign governments?

He has the power to make treaties with other governments, represent out nation in front of other governments, recognize other foreign governments,

What is the process of removing a president through provisions of the 25th amendment? List out the steps

If the Vice President and majority of the cabinet believe that the President is unfit, they can remove him from office (section 4) If this works, they need the vote of the house and the senate for final approval.

What is impoundment of funds? How did Congress respond to this method of presidential authority?

Impoundment of appropriated funds. Impoundment is an act by a President of the United States of not spending money that has been appropriated by the U.S. Congress. The president now must fund the programs that congress decides on

How can the president impact Congress legislative agenda? be specific

Influences congress, adjourn between the house and senate, and doesn't have to share certain info

How do executive orders fit into the system of checks and balances? How do these orders give the president so much power? Explain

Take care Clause, executive has the force of the law until Congress or the courts disagree with it.

How have presidents used their emergency war powers in the past?

Moments of nation crisis, or people's safety is in jeopardy Examples of this would be Bush going after Afghanistan after 9/11

How can the Supreme Court check the president? (Focus on US. Nixon)

Putting him on trial during impeachment to see if he is guilty of conviction -presidential acts were seen unconstitutional -can't use executive privilege to withhold evidence that is related to a criminal trial

Judicial Powers

The Appointments Clause gives the executive branch and the President, not Congress, the power to appoint federal officials. The President has the power to appoint federal judges, ambassadors, and other "principal officers" of the United States, subject to Senate confirmation of such appointments.

Pardon Powers

The President...shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. The power to pardon is one of the least limited powers granted to the President in the Constitution.

How does advice and consent work with presidential appointments? be specific

The Presidents power to make presidential appointments is subject to advice and consent from the senate. The senate decides if the person the president chose is qualified.

What is the formal two- step process of removing a president from office through impeachment/conviction. be specific

The judiciary committee has to get a majority vote House of Reps calls for impeachment by a majority vote, Senate needs 2/3 vote to convict and kick out the president.

Emergency Powers

The most common inherent powers are Emergency Powers, exercised only in times of great need. Some emergency powers are limited in scope. The president can declare a place devastated by a storm a federal disaster area, making it eligible for federal aid. Other emergency powers are much vaster in scope. During the Civil War, for example, President Abraham Lincoln spent money without congressional approval, and he also suspended a number of civil liberties, including the writ of habeas corpus.

Informal Powers of the President

The power to go public, power of persuasion, make executive agreements, issue executive orders, issue signing statements, create & use bureaucracy, personality and leadership, and make legislative proposals.

Legislative Powers

The president can veto any bill passed by Congress and, unless two-thirds in each house vote to override the veto, the bill does not become law.

How does advice and consent work with treaties? be specific

The president has the power to negotiate treaties first, then with the vote of 2/3 from the Senate, then the treaty is ratified. (foreign treaties with advice and consent)

How does the reprieve/pardon power fit into the system of checks and balances?

The president has the power to pardon any of the federal level crimes- except having to do with impeachment. Congress or courts can't bring up his pardons unless his pardon was unconstitutional.

How did the War Powers Resolution attempt to resolve the conflict between powers of the President and powers of Congress? be specific

This was created after Vietnam, where Congress tried to limit the control that the president had in regards to war. The president has to let Congress know 48 hrs before, if he is planning to send troops After the president sends troops, he must meet with Congress within at least 60 days to see if they will still fund the troops.

Formal Powers of the President

Veto power, command armed forces, pardoning power, appointment powers, make treaties, convene Congress

Can the president fire his subordinates? If so, what is the justification?

Yes, the president can remove members of the executive branch from office, behind the reasoning that the subordinates are not worthy.

Executive orders

definition: a rule or regulation issued by the president that has the effect of law; they give administrative effect to provisions in the constitution, treaties and statues - These orders can enforce legislative statues, the constitution, enforce treaties, and establish or modify practices of administrative agencies -Executive order represents the president's legislative power. All executive orders must be recorded in the Federal Register. - Such orders have been used to: establish procedures for appointing non-career administrators , implement affirmative action's regulations

Executive privilege

the right of executive officials to refuse to appear before, or to withhold information from, a legislative committee or the courts

Commander in Chief

term for the president as commander of the nation's armed forces