Chapter 7: The Presidency and Executive Powers

Brownlow Report

"the president (FDR) needs help"... compares CEO of a business to the president stating that he needs the same kind of professional assistance and pipelines that a CEO would receive

problems with brownlow report

CEO= command authority BUT command authority is UNCONSTITUTIONAL for a president

Executive Office of the President

Created to assist the president in governance (Brownlow Report).

Expressed Powers

Powers explicitly granted by the Constitution.
ex: vetoing, making treaties, etc.

Implied Powers

Powers not explicitly stated but necessary.
ex: emergency powers; executive orders

Veto

Presidential power to reject congressional bills.

Institutional Check

Mechanism limiting one branch's authority by another.

War Powers Act

Requires president to inform Congress of troop deployment.

Executive Orders

Directives managing federal government operations. Apply directly to an executive agency (FDA for example)

Going Public

President communicates directly with the public for support.

Why Go public?

best opportunity to mold public opinion and steer the legislative agenda

State of the Union Address

Annual speech outlining national issues and agenda.

Presidential Memorandum

- an alternative administrative instruction to executive orders

a presidential memorandum tells an agency to change how it handles policies.

-If it's published in the Federal Register, it has the same legal power as an executive order.

Example: a memorandum directing the EPA to change air quality rules.

Signing Statement

a statement made by the president when signing a new law. It can express the president's interpretation of the law, indicate how it will be implemented, or state any objections to certain provisions.

The Cabinet

The formal group of presidential advisers who head the major executive departments and agencies of the federal government. Cabinet members are chosen by the president and approved by the Senate.

Electoral College

a group of representatives from each state that formally elects the president and vice president

Selective Enforcement

Executive branch chooses how to enforce laws.

Prosecutorial Discretion

the power of prosecutors to decide whether to charge someone with a crime and what charges to bring. It allows them to choose how to handle cases based on the situation and what they think is fair.

Griswold v Connecticut

ruled a law banning contraceptives was unconstitutional. Established right to privacy in marriage.

Marbury v Madison

Supreme Court can declare laws or actions by Congress and the President unconstitutional. It strengthened the role of the Court in checking the powers of the other branches of government.

Institutional Powers

Official authorities defined by law and Constitution.

Political Powers

President's ability to influence and persuade others.

In what ways has presidential power expanded over time?

- Military actions without congressional declarations of war
- Presidents have increasingly used executive orders, memoranda, and directives to implement policy without going through Congress
- Federal bureaucracy has expanded presidential power as the executive branch oversees vast federal agencies
- More involved in foreign policy
- Executive privilege
- Ability to declare national emergencies

Executive Privilege

President's right to withhold information from Congress.

Line-Item Veto

Power to reject specific bill parts, now unconstitutional.

Battleground State

Swing state critical for election outcomes.

Commander in Chief

President's role as head of armed forces.

3/5ths Compromise

Counted enslaved individuals as three-fifths for representation.

Federal Bureaucracy

Agencies expanding presidential power and influence.

Military Actions

Presidents act without congressional declarations of war.

Plural Executive

System with multiple leaders sharing executive power.

Singular Executive

System with one leader holding executive power.