12-3: Presidential Powers
The Expansion of Presidential Powers: The President's Expanded Legislative Powers
From time to time, the president submits special *messages on certain subjects.* These messages *call on Congress to enact laws that the president thinks are necessary.* The president also *works closely with members of Congress to persuade them to support particular programs.* The president *writes, telephones, and meets with various congressional leaders to discuss pending bills.* The president also *sends aides to lobby on Capitol Hill.*
The Expansion of Presidential Powers: The Increasing Use of Executive Orders
the president is considered to have the inherent power to issue executive orders, which are *presidential orders to carry out policies described in laws that have been passed by Congress* These orders have the force of law Presidents have issued executive orders for a variety of purposes: *-to establish procedures for appointing noncareer administrators -to restructure the White House bureaucracy -to ration consumer goods and administer wage and price controls under emergency conditions. -classifying government information as secret -implementing affirmative action policies -regulating the export of certain items.* Presidents issue executive orders frequently, sometimes as many as one hundred a year.
The President's Constitutional Powers: The President's Veto Power
Veto - *A Latin word meaning "I forbid"; the refusal by an official, such as the president of the United States or a state governor, to sign a bill into law.* *president can veto a bill passed by Congress* Congress can *override the veto with a two-thirds vote by the members present in each chamber. * The result of a veto override is that the *bill becomes law against the wishes of the president.* *If the president does not send a bill back to Congress after ten congressional working days, the bill becomes law without the president's signature.* Pocket Veto: *If the president refuses to sign the bill and Congress adjourns within ten working days after the bill has been submitted to the president, however, the bill is killed for that session of Congress.*
The President's Constitutional Powers
the constitutional source for the president's authority is found in Article II of the Constitution, which states, *"The executive Power shall be vested in a President of the United States of America."*
The Expansion of Presidential Powers: Evolving Presidential Power in Foreign Affairs
*The president is commander in chief and chief diplomat, but only Congress has the power to formally declare war, and the Senate must ratify any treaty that the president has negotiated with other nations.* However, presidents have taken military actions and made foreign policy without consulting Congress.
The President's Constitutional Powers: Proposal and Ratification of Treaties
*Treaty - a formal agreement between the governments of two or more countries.* *The president has the sole power to negotiate and sign treaties with other countries.* The *Senate* must approve a treaty by a *two-thirds vote of the members present before it becomes effective* If the treaty is approved by the Senate and signed by the president, it *becomes law.*
The Expansion of Presidential Powers: Evolving Presidential Power in Foreign Affairs: Nuclear Weapons
*the president, as commander in chief, has been responsible for the most difficult of all military decisions—if and when to use nuclear weapons the president travels at all times with the "football"—the briefcase containing the codes used to launch a nuclear attack.*
The Expansion of Presidential Powers: Expansion Under Later Presidents
Abraham Lincoln (1861-1865), confronting the problems of the Civil War, took several important actions while Congress was not in session: *-suspended certain constitutional liberties -spent funds that Congress had not appropriated -blockaded southern ports -banned "treasonable correspondence" from the U.S. mail* Lincoln carried out all of these actions in the name of his power as commander in chief and his constitutional responsibility to "take Care that the Laws be faithfully executed." The power of the president continues to evolve, depending on the person holding the office, the relative power of Congress, and events at home and abroad.
The Expansion of Presidential Powers: Signing Statements Under Bush
Bush's 161 statements challenged more than 1,100 clauses of federal law—more legal provisions than were challenged by all previous presidents put together. One statement rejected Congress's authority to ban torture. Another affirmed that the president could have anyone's mail opened without a warrant.
The Expansion of Presidential Powers: Evolving Presidential Power in Foreign Affairs: Executive Agreements
Executive Agreements - *binding international agreement, or pact, that is made between the president and another head of state and that does not require Senate approval (even though Congress may refuse to appropriate the necessary money to carry out the agreements)* *Have the same legal status as treaties* Presidents form executive agreements for a wide range of purposes: *-promises of assistance to other countries.* 1940: President Franklin Roosevelt formed an important executive agreement with British prime minister Winston Churchill. The agreement provided that the United States would lend American destroyers to Britain to help protect that nation and its shipping during World War II. In return, the British allowed the United States to use military and naval bases on British territories in the Western Hemisphere. To prevent presidential abuse of the power to make executive agreements, *Congress passed a law in 1972 that requires the president to inform Congress within sixty days of making any executive agreement.* The law did not limit the president's power to make executive agreements, however, and they continue to be used far more than treaties in making foreign policy.
The President's Inherent Powers
Inherent powers - *powers that are necessary to carry out the specific responsibilities of the president as set forth in the Constitution.* The presidency is an institution of government, but it is also an institution that consists, at any one moment in time, of one individual. That means the lines between the presidential office and the person who holds that office often become blurred. Certain presidential powers that are generally recognized today were simply assumed by strong presidents to be inherent powers of the presidency, and their successors then continued to exercise these powers. *Constitution is vague as to the actual carrying out of presidential powers, presidents are left to define the limits of their authority—subject to obstacles raised by the other branches of government.*
The President's Constitutional Powers: The Line-Item Veto
Many presidents have complained that they cannot control: "pork-barrel" legislation - federal expenditures tacked onto bills to "bring home the bacon" to a particular congressional member's district. The reason is simple: the president would have to veto the entire bill to eliminate the pork (and that might not be feasible politically) Presidents have often argued in favor of a line-item veto that would enable them to veto just one (or several) items in a bill. 1996: Congress passed and President Clinton signed a line-item veto bill. 1998: though, the Supreme Court concluded that the bill was unconstitutional.
The Expansion of Presidential Powers: Evolving Presidential Power in Foreign Affairs: The War on Terrorism
President George W. Bush did not obtain a declaration of war from Congress for the war against terrorism that began on September 11, 2001. Instead, Congress passed a joint resolution authorizing the president 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 September 11, 2001." This resolution was the basis for America's subsequent involvement in Afghanistan. October 2002: Congress passed a joint resolution authorizing the use of U.S. armed forces against Iraq. As a consequence of these resolutions, the president was able to invoke certain emergency wartime measures. For example, through executive order the president created military tribunals for trying terrorist suspects. The president also held some American citizens as "enemy combatants," denying them access to their attorneys.
The Expansion of Presidential Powers: Evolving Presidential Power in Foreign Affairs: Obama at War
President Obama inherited conflicts in Afghanistan and Iraq, and he was more interested in winding these conflicts down than expanding them. No requests for congressional authority were necessary. 2011: Obama used air power in Libya without congressional authorization. 2013: Obama asked for authority to bomb the forces of dictator Bashar al-Assad in Syria. The reason was that Assad was using poison gas against his own people. Assad then agreed to turn over his chemical weapons for destruction. This settlement was fortunate for Obama, in part because it appeared likely that Congress would refuse to give him support for military action. Obama did not request authority to attack the terrorist group ISIS in Iraq and Syria in 2014. (He did ask for the power to arm nonextremist Syrian rebels, but given that such a step required spending money, he had little choice.) Obama was willing to seek authority for steps that he was not eager to take. For actions on which he was dead-set, he preferred to ignore Congress as much as possible.
The President's Constitutional Powers: The Specified Powers
Sec. 2/3 Powers of President: *-To serve as commander in chief of the armed forces and the state militias. -To appoint, with the Senate's consent, the heads of the executive departments, ambassadors, justices of the Supreme Court, and other top officials. -To make treaties, with the advice and consent of the Senate. -To grant reprieves and pardons, except in cases of impeachment. -To deliver the annual State of the Union address to Congress and to send other messages to Congress from time to time. -To call either house or both houses of Congress into special sessions. -To receive ambassadors and other representatives from foreign countries. -To commission all officers of the United States. -To ensure that the laws passed by Congress "be faithfully executed."* *Article I, Section 7, gives the president the power to veto legislation.* many of the president's powers are balanced by the powers of Congress.
The Expansion of Presidential Powers: An Unprecedented Use of Signing Statements
Signing Statement - *written statement issued by a president at the time he or she signs a bill into law* James Monroe was the first president to issue such a statement rare - prior to the presidency of Ronald Reagan, only seventy-five were issued Most were "rhetorical" in character. *They might praise the legislation or the Congress that passed it, or criticize the opposition.* On occasion, *the statements noted constitutional problems with one or more clauses of a bill or provided details as to how the executive branch would interpret legislative language.* Reagan issued a grand total of 249 signing statements. For the first time, each statement was published in the U.S. Code Congressional and Administrative News, along with the text of the bill in question. A substantial share of the statements addressed constitutional issues. Reagan staff member Samuel Alito, Jr.—who now sits on the United States Supreme Court—issued a memo in favor of using signing statements to "increase the power of the Executive to shape the law."
The Expansion of Presidential Powers: The President's Expanded Legislative Powers: The Power to Influence the Economy
Some of the greatest expansions of presidential power occurred during Franklin Roosevelt's administration. Roosevelt claimed the presidential power to regulate the economy during the Great Depression in the 1930s. Since that time, Americans have expected the president to be actively involved in economic matters and social programs. That expectation becomes especially potent during a major economic downturn, such as the Great Recession that began in December 2007. *Each year, the president sends Congress a suggested budget and the Economic Report of the President.* The budget message *proposes what amounts of money the government will need for its programs.* *The Economic Report of the President presents the state of the nation's economy and recommends ways to improve it.* Voters may rate a president based on the state of the economy.
The Expansion of Presidential Powers: The President's Expanded Legislative Powers: The Power to Persuade
The president's political skills and ability to persuade others play a large role in determining the administration's success. "Presidential power is the power to persuade." - Presidential Power by Richard Neustadt For all of the resources at the president's disposal, *the president still must rely on the cooperation of others if the administration's goals are to be accomplished.* *If a president from one political party faces a Congress dominated by the other party, the president must overcome more opposition than usual to get legislation passed.*
The President's Constitutional Powers: The Power to Grant Reprieves and Pardons
The president's power to grant a pardon serves as a *check on judicial power.* *A pardon is a release from punishment or the legal consequences of a crime.* *It restores a person to the full rights and privileges of citizenship.* *covers all offenses* "either before trial, during trial, or after trial, by individuals, or by classes, conditionally or absolutely, and this without modification or regulation by Congress." The president can grant a pardon for any federal offense, *except in cases of impeachment.* Can be granted to a class of individuals as a *general amnesty*
The Expansion of Presidential Powers: Evolving Presidential Power in Foreign Affairs: Military Actions
U.S. Constitution gives Congress the power to declare war. Although Congress has declared war in only five different conflicts during our nation's history, the United States has engaged in more than two hundred activities involving the armed services.
The Expansion of Presidential Powers: The President's Expanded Legislative Powers: Going Public
*using press conferences, public appearances, and televised events to arouse public opinion in favor of certain legislative programs.* *The public may then pressure legislators to support the administration's programs.* *A president who has the support of the public can wield significant persuasive power over Congress.* Presidents who are voted into office through "landslide" elections have increased bargaining power because of their widespread popularity. Those with less popular support have less bargaining leverage. The ability of the president to "go public" effectively is *dependent on popular attitudes toward the president.* It is also *dependent on the political climate in Washington, D.C.* In periods of severe political polarization, going public can actually be counterproductive. Simply by endorsing a proposal that might have had bipartisan support, the president can turn the question into a partisan issue. Without support from at least some members of both parties, the proposal then fails to pass.
The Expansion of Presidential Powers: Evolving Presidential Power in Foreign Affairs: The War Powers Resolution
As commander in chief, the *president can respond quickly to a military threat without waiting for congressional action.* This power to involve the nation in a war upset many members of Congress as the undeclared war in Vietnam dragged on for years into the 1970s. Criticism of the president's role in the Vietnam conflict led to the passage of the War Powers Resolution of 1973. The law, which was passed over President Nixon's veto, *requires the president to notify Congress within forty-eight hours of deploying troops.* It also *prevents the president from keeping troops abroad for more than sixty days (or ninety days, if more time is needed for a successful withdrawal).* *If Congress does not authorize a longer period, the troops must be removed.*
The President's Constitutional Powers: The Veto in Recent Administrations
George W. Bush -vetoed one bill during the first 6 years of his presidency (stem-cell research bill) -Rep. Congress supported his agenda -2007: Dem. took control of Congress = vetoed 11 bills; Congress overrode 4 bills Barack Obama -vetoed two bills during his 4 years even though the Rep. controlled the House -Dem. controlled Senate
The Expansion of Presidential Powers
George Washington (1789-1797) set many of the precedents that have defined presidential power: *-removed officials from office -interpreting the constitutional power to appoint officials as implying power to remove them as well -established the practice of meeting regularly with the heads of the three departments that then existed (plus the attorney general) and of turning to them for political advice. -set a precedent for the president to act as chief legislator by submitting proposed legislation to Congress.*
The Expansion of Presidential Powers: The President's Expanded Legislative Powers: The Legislative Success of Various Presidents
typically a president's success record was very high when he first took office and then gradually declined. This is sometimes attributed to the president's "honeymoon period," *when Congress may be most likely to work with the president to achieve the president's legislative agenda.* *"first hundred days" in office is the period when the president is least experienced in the ways of the White House* 2009: President Obama had the most successful legislative year of any president in half a century. Large Democratic majorities in both chambers of Congress lost control of the U.S. House in November 2010, however, Obama's success rate fell considerably.
