Power and Roles of the President 3.1 Notes

The President of the US holds the executive authority to enforce and execute laws passed by Congress, as outlined in Article II of the Constitution

Who holds the executive authority enforce and execute laws passed by Congress and where is this outlined?

Once Congress enacts a law, the President and their staff are responsible for carrying it out

When Congress enacts a law who is responsible for carrying it out?

The vesting clause requires the President to faithfully execute the law, even if they personally disagree with it

What is a vesting clause and what does it require? 

As head of the US federal government, the President controls the largest military and economy in the world

What does the President control as head of the US federal government?

The three qualifications and term limits for president are:

1. Must be 35+ years old, a natural born US citizen, and a US citizen for at least 14 years

2. Serves 4-year terms

3. Originally unlimited re-elections but after FDR’s terms (1933-1945), the 22nd amendment (1951) limited presidents to 2 terms or 10 years

What are the three qualifications and term limits for president?

The Presidential Succession Act (1947) established the order for replacing a deceased, resigned, or incapacitated President

What is the Presidential Succession Act (1947)?

The order for the Presidential Succession Act (1947) is: 

1. Vice President 

2. Speaker of the House 

3. President of the Senate 

4. Individual members of the Presidential Cabinet 

What is the order for the Presidential Succession Act (1947)?

The 25th amendment (1967) clarified the process for replacing a Vice President or a disabled president

What does the 25th amendment (1967) clarify?

The steps for the process of the 25th amendment (1967) are:

1. Vice President assumes full presidential powers if the President vacates office

2. New Vice President is nominated and must be confirmed by Congress

3. A President anticipating temporary disability (ex:surgery) can transfer power to the Vice President in writing

4. If the President is unable to perform duties, the Vice President and a majority of the Cabinet can temporarily assume power. If challenged, Congress decides with a 2/3 majority vote 

What are the steps in the process for the 25th amendment (1967)?

The President serves as Commander-in-Chief of the US military, ensuring a civilian-run armed forces controlled by elected officials rather than military leaders

How does the President serve as the Commander-in-Chief?

Congress and the President decide when and where military action occurs; the military carries out orders

Who decides when and where military action occurs? And who carries out these orders?

While Congress has the sole power to declare war, the President can act militarily to defend the US or its territories

Who can act militarily to defend the US and its territories?

After WWII, Presidents increasingly used military force without formal declarations of war

What happened after WWII with presidents and military forces?

Four examples of Presidents using military force without formal declarations of war are:

1. Truman entering Korean War as police activity 

2. Lyndon B Johnson’s entrance into the Vietnam War 

3. John F Kennedy’s withholding of information and actions during the Cuban Missile Crisis 

4. Richard Nixon secretly bombed Cambodia (1969), sparking backlash 

What are four examples of Presidents using military force without formal declarations of war?

To limit presidential military authority, Congress passed the War Powers Resolution (1973) to regulate military intervention decisions

What did Congress pass to limit presidential military authority?

The War Powers Resolution (1973) requires the President to follow these steps before engaging in military action:

1. Notify Congress within 48 hours of deployment

2. Obtain Congressional approval within 60 days or withdraw troops

3. A 30-day withdrawal period is granted if approval is denied

What steps does the War Powers Resolution (1973) require the President to follow?

Beyond war powers, the President can issue Executive Orders - directives that take effect to immediately enforce laws or carry out Constitutional duties

What can the President issue beyond war powers?

Executive Orders are a form of secondary legislation — they do not create new laws but enforce existing laws or Constitutional duties

What is the definition for Executive Orders?

Five notable Executive Orders to remember are:

1. Emancipation Proclamation (1863) - Freed enslaved people in Confederate territory

2. Executive Order 6102 (1933, FDR) - Seized privately held gold to stabilize currency

3. Executive Order (1941, FDR) - Created the Manhattan Project to develop nuclear weapons 

4. Executive Order 9066 (1942, FDR) - Established Japanese Internment Camps

5. Executive Order 10340 (1952, Truman) - Nationalized steel production during the Korean War

What are five notable Executive Orders to remember?

FDR stands for Franklin D. Roosevelt, the 32nd US president

What does FDR stand for?

While some orders faced judicial challenges, Presidents justified Executive Orders as part of their constitutional duties over the economy or military

How did the Presidents justify Executive Orders?

The two limits on Executive Orders are: 

1. Congress can override an order with a 2/3 joint resolution If tied to legislation  

2. Presidents can revoke prior orders, often within their first few weeks in office 

What are the two limits on Executive Orders?

Though controversial, Executive Orders help shape national policy alongside Congressional laws and Supreme Court decisions

How do Executive Orders help shape national policy?

While the Supreme Court upheld resolution, its effectiveness remains debated

1. Presidents Reagan, Carter, and Obama acted without Congressional approval in Grenada (1983), Kosovo (1999), and Libya (2011), facing no repercussions

2. Presidents George H.W Bush and George W. Bush sought out Congressional approval for the Persian Gulf War (1991), Afghanistan (2001, and Iraq (2003)

How was the War Powers Resolution (1973) debated?