U.S. Gov't Chapter 12 - The President

The Five Constitutional Roles of the President

- Head of state - Chief Executive - Commander in chief of the armed forces - Chief diplomat - Chief legislator of the United States

President's removal power

-CAN fire members of the independent executive agencies, government corporations, for example Commission of Civil Rights Agency, Environmental Protection agency, General Services Agency, and Small Business Administration, The president can remove all heads of the Cabinet, all individuals in the Executive Office of President. -CANNOT fire members of the independent regulatory agencies (without cause) or employees that have been appointed by the Senate (advice and consent).

25th Amendment (1967)

A 1969 amendment to the Constitution that est procedures for filling the presidential and vice presidential vacancies (if are unfit, incapacitated, impeached and removed, died) and make provisions for presidential incapacity. (1974 when Nixon resigned Ford took his place and congress confirmed Nelson Rockefeller, neither the president nor the vice president had been elected to their positions.)

roll-call vote

A congressional voting procedure that consists of members answering "yea" or "nay" to their names. 2/3rds of the members of each chamber have to agree or disagree to be able to override a presidential veto.

Office of Management and Budget

A division of the Executive Office of the President. The OMB assists the president in preparing the annual budget, clearing and coordinating departmental agency budgets, and supervising the administration of the federal budget.

Signing Statements

A formal document that explains why a president is signing a particular bill into law. These statements may contain objections to the bill and promises not to implement key sections.

Commander in Chief

A power of the President. According to le Constitution, "shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of several states, when called into the actual Service of the United States."

pocket veto

A special veto exercised by the chief executive after a legislative body has adjourned. Bills not signed by the chief executive die after a specified period of time. If Congress wishes to reconsider such a bill, it must be reintroduced in the following session of Congress.

Cabinet

Advisory council for the president consisting of the heads of the executive departments, the vice president, and a few other officials selected by the president.

President's Emergency Powers

An INHERENT (implied) power exercised by the president during a national crisis.

Impeachment

An action by the house of representatives to accuse the president, vice president, or other civil officers of the US of committing "treason, bribery, or other high crimes and misdemeanors." House of Reps make the charges The Senate does the ruling.

State of the Union Message/Address

An annual message to Congress in which the president proposes a legislative program. The message is addressed not only to Congress but also to the American people and to the world. During the speech Senators and Reps either applaud or remain silent to indicate their opinion of the policies that the president announces.

executive privilege

An implied presidential power that allows the president to refuse to disclose information regarding confidential conversations or national security to Congress or the judiciary. example Nixon recording conversations in the oval office without permission (who then refused to release the taps and used executive privilege as his excuse he later had to hand over the tapes).

Diplomatic Recognition

An important presidential power is the power to recognize or to refuse to recognize-foreign gov't's as legitimate. (For example the united states didn't recognize the soviet union as a country for 30 years, the us recognized Isreal as a country a couple of days after it was formed.)

National Security Council (NSC)

An office created in 1947 to coordinate the president's foreign and military policy advisers. Its formal members are the president, vice president, secretary of state, and secretary of defense, and it is managed by the president's national security assistant.

Federal Register

An official document, published every weekday, which lists the new and proposed regulations of executive departments and regulatory agencies.

Chief of Party/Party Leader

As party leader the president chooses the national committee chairperson and can try to discipline party members who fail to support presidential policies. One way is through patronage (rewarding faithful party workers and followers with gov't employment and contracts which isn't as extensive as it was in the past). The president is able to raise funds for the party through dinners, fundraisers, speaking engagements, and other social occasions. President may make it known that a particular congressperson's choice for federal judge will not be appointed unless that member of congress is more supportive of the presidents legislative program. President may help out loyal congress members with pork barrel legislating.

Presidential Succession

Basically the order in which the office of president is to be filled if it becomes vacant. President - Vice President - Speaker of the House of Reps - Senate Pro Tempore (oldest person in senate) and so on.

Chief Legislator

Constitution gives the president power to influence Congress in its lawmaking. Presidents may urge Congress to pass new laws or veto bills that they do not favor.

executive order

Empowers the president to carry out the law or to administer the gov't. These ______ orders can do the following: 1. enforce legislative statutes 2. enforce the constitution or treaties with foreign nations 3. est or modify rules and practices of executive administrative agencies. all _____ orders MUST be published in the federal register. examples of these are FDR and the Japanese internment camps, the emancipation proclamation, Ford pardoning Nixon (future presidents can dismiss executive orders given by past presidents)

Members of the Cabinet

Include the heads of the fifteen executive departments plus other top officials chosen by the president. - Administrator of the Environmental Protection Agency - Administrator of the Small Business Admin - Director of the Central Intelligence Agency (CIA) - Director of the Office of Management and Budget - Director of National Intelligence - U.S. Ambassador to the United Nations - Vice President - White House chief of staff

Civil Service

Method of hiring federal employees on MERIT rather than on political beliefs or allegiances. This system replaced the spoil system in the United States.

Power over the National Guard

One of the president's powers as commander in chief is the right to assume authority over the national guard units-that is, , state militias. Examples are Eisenhower sending the national guard to Little Rock High School after Brown V. Board case, Bush, Obama, and Trump sending troops to Mexico boarder. The president has the ability to send National guard units abroad to supplement the regular armed forces Bush and Obama used this tactic.

President's Appointment Power

President alone appoints cabinet and subcabinet jobs, ambassadors, federal judges, and agency heads, and several thousand lesser jobs of the United States. Which is about 9 thousand jobs total (in total there are about 2.8 million executive branch jobs including US postal service that have no political allegiance to the president.)

bully pulpit

President sells his programs directly to the American public. President's office is a "bully pulpit" (a position to inspire Congress & the nation to follow his political agenda)

President's statutory powers

Presidential powers that congress has enacted into law for example declaring national emergencies.

Wartime Powers

Presidents as commander in chiefs have dramatic power. Examples Truman and the atomic bomb, Ordering missions into Vietnam war, Bush ordering the invasion into Afghanistan in 2001 and Iraq in 2003. The president is the ultimate decision maker in military matters. Also, only the president has the power to use nuclear force. As Commander in Chief, the president exercises more authority than in any other role.

Executive Agreement

Presidents power in foreign affairs is enhanced greatly by this. The use of ______ made between the president and other heads of state. Such agreements do NOT require Senate approval (advice and consent), although the house and senate can withhold funding necessary to implement them (power of the purse). Advantages of _______ is speed and secrecy (good to use during a crisis covid 19 for example). The constitution does NOT mention or imply this type of agreement at all. These type of agreements are used to bypass Congress when making foreign policy.

Executive Office of the President (EOP)

Provides staff assistance for the chief executive and to help coordinate the executive bureaucracy. Since that time, a number of agencies have been created within the EOP to supply the president with advice and staff help. Presidents reorganize the EOP and the White House Office constantly, and any table of organization is temporary. This is basically an organization est by FDR to assist the president in carrying out MAJOR duties. - Council of Economic Affairs - Council of Environmental Quality - Executive Residence - National Security Council (NSC) - Office of Administrations - Office of Management and Budget - Office of National Drug Control Policy - Office of Science and Technology Policy - Office of the United States trade representatives - Office of the Vice President - President's Intelligence Advisory Board - White House Office

The War Powers Resolution

Requirement that the president MUST notify Congress when sending American troops into action. Once they are sent, the president MUST report to Congress within 48 hours. Unless Congress approves the use of troops within 60 days or extends the 60-day time limit, the forces MUST be withdrawn.

Presidents power to grant reprieves and pardons

Section 2 Article 2 of the Constitution gives the President the power to grant REPRIEVES (power to cancel or postpone something) and PARDONS (released from criminal punishment, or those awaiting trial or people of convicted crimes) for offenses against the United States in cases of impeachment. The supreme court upheld this power to the president after a 1925 case that concerned the presidents power to grant pardons and reprieve. Basically, the Supreme court granted the President these powers for all offenses "either before, during, or after the trial by individuals, or by classes, conditionally absolutely, without modification or regulation by Congress."

Advice and Consent

Terms in the Constitution describing the U.S. Senate's power to review and approve treaties and presidential appointments (needs two-thirds of the senate for approval).

getting legislation passed

The president can propose legislation, but Congress is not required to pass or even introduce any of the administrations bills. The president can exercise the power of persuasion to try to get legislation passed. They can write to, telephone, and meet with various congressional leaders. A president that has a majority in both chambers in congress find it easier to pass legislation otherwise its really hard to because of the political gridlock.

White House Office

The personal office of the president, which tends to presidential political needs and manages the media. These people can be fired and not get impeached (since they weren't appointed by the President and approved by the Senate). This is where the President could use patronage to give people jobs like these: (since they don't need to take a civil service test). - Domestic Policy Council - National Security Advisor - National Economic Council - Office of Cabinet Affairs - Office of Chief of Staff - Office of Communications - Office of Digital Strategy - Office of The First Lady - Office of Information Technology - Office of Intergovernmental Affairs - Office of Legislative Affairs - Office of Management and Administration - Office of Political Affairs - Office of Presidental Personnel - Office of Public Liaison - Office of Scheduling and Advance - Office of Staff Secretary - Office of Trade and Manufacturing Policy - Office of the White House Council - Oval Office Operations - White House Fellows - White House Military Office

Saying No to Legislation

The president has the power to say "no" to legislation through the use of a veto, by which the White House returns a bill unsigned to Congress with a veto message attached. The constitution requires every bill to be passed by HOR and the Senate and be sent to the President before it becomes a law, the president must act on each bill. 1. if the bill is signed (by the president), it becomes law 2. if the bill is not sent back to congress after 10 congressional working days, it becomes law without the president's signature 3. The president can reject the bill and send it back to congress with a veto message setting forth obligations. Congress can then change the bill, hoping to secure presidential approval, and repass it. Or Congress can simply reject the president's objections by overriding the veto with a 2/3rds ROLL-CALL VOTE of the members present in both chambers of congress. 4. if the president refuses to sign the bill and congress adjourns within 10 working days after the bill has been submitted to the president, the bill is KILLED for that session of congress (pocket veto). If congress wishes the bill to be reconsidered, the bill must be reintroduced during the following session.

Proposal and Ratification of Treaties

The president has the sole power to negotiate treaties with other nations. Must be approved by 2/3rds of the senate (advice and consent) for approval or ratification. After ratification, the president can approve the treaty as adopted by the senate. Approval treaties poses a problem when the Senate has tacked on substantive amendments or reservations to a treaty, particularly when such changes may require reopening negotiations with the other signatory gov't. Sometimes, a president may decide to withdraw a treaty if the senatorial changes are too extensive-as Woodrow Wilson did with the treaty of Versailles in 1919, which concluded WW1. Wilson believed that the senatorial reservations would weaken the treaty so much that it would be ineffective. Ratifying a treaty may be a difficult process, but revoking a treaty appears to be easier. The constitution says NOTHING about how a treaty can be terminated, and on at least two occasions presidents have revoked treaties unilaterally without the approval of Congress.

veto message

The president's formal explanation of a veto when legislation is returned to Congress.

Head of State

The role of the President; largely symbolic or ceremonial. This role gives the President much public exposure, which can be an important asset. When the exposure is positive, it helps the president deal with Congress over proposed legislation and increases the chances of being reelected-or getting the candidates of the president's party elected.

Chief Diplomat

The role of the president in recognizing foreign governments, making treaties, and effecting executive agreements.

Chief of Staff

This person oversees the operations of ALL White House staff and controls access to the president, and is one of the presidents chief advisors.

Chief Executive

This presidential power listed in the constitution says that the president is constitutionally bound to enforce the acts of Congress, the judgements of federal courts, and treaties signed by the United States.

President's Inherent Powers

Though not under the Constitution, it is IMPLIED that the President has other powers, such as foreign policy or sending in troops without authorization or executive agreements.

Picking a Vice President

Usually Presidents choose their Vice Presidents by what state they live in (bad idea if both the presidential candidate and vice presidential candidate are from and live in the same state). The president also picks a vice president that tends to be MORE democratic or MORE republican so then they can receive more votes. Example, Mike Pence is more republican than Donald Trump as Kamala Harris is MORE democratic than Joe Biden.

President's Constitutional Powers

Veto bills, call Congress to special session, Commander in Chief, receive leaders or officials of foreign countries, make treaties with other countries, appointments, pardons. Powers that no other branch of gov't has and is in the constitution.

12th Amendment

an amendment to the U.S. Constitution, ratified in 1804, providing for election of the president and vice president by the electoral college: should there be no majority vote for one person, the House of Representatives (one vote per state) chooses the president and the Senate the vice president.

Kitchen Cabinet

an informal group of advisers to whom the president turns for counsel and guidance; members of the official Cabinet may or may not also be members of the Kitchen Cabinet

President's expressed powers

power to appoint, commander and chief, veto, chief administrator, and state of union address which are both constitutionally and statutory powers for the president to use.