Presidential Power

Reasons for creating a strong executive

articles of confederation failed to make a strong executive

• congressional acts weren’t carried out

• gov had difficulty responding to problems and enforcing laws

distrust in direct citizen participation in decision making

• there could be mass movements to redistribute personal wealth and private property

framers wanted an executive branch that would

protect liberty, private property, business

hold legislature in check

article I

president signs Congressional bills into law or vetoes them

article II

executive power vested in a president

powers given to president in article II

• execute laws

• veto legislation

• command military

• engage with foreign leaders

• make treaties, appoint ambassadors and federal judges (with Senate approval)

inherent powers

claimed by president, not clearly expressed in constitution

• Theodore Roosevelt “right and duty to do anything nation demanded”

• 1803 Thomas Jefferson Louisiana Purchase

congress and courts can limit power or go along with it

• Korean War, Truman took over striking steel mills, ruled unconstitutional 1952

examples of presidents claiming inherent powers for “immediate needs of the nation”

Lincoln exceeded authority limits Civil War

• suspended Writ of Habeas Corpus and jailed Union enemies without trial

• raised an army before Congressional approval

• blocked Southern ports

FDR 1933 Great Depression

• New Deal, enlarged role of gov in American life

George W Bush 9/11 “War on Terrorism”

• Patriot Act. intelligence-gathering powers

executive privelage

right to withhold from Cong or the courts info about comms between pres and advisors

not named in const, presidents still claim it (since Washington)

supreme court ruled part of the separation of powers

mandate

an authorization to act given to a representative

• can be informal source of presidential power

• president claim ideas represent a mandate from the people

public opinion limiting a president

1968 Lyndon Johnson fumbled Vietnam War, didn’t run again

1993 Clinton proposed changes to healthcare system, Cong didn’t act on them when public opinion changed

• public opinion changed with Obama

checks and balances on president

supreme court can rule executive actions unconstitutional

congress can pass legislation even if a president vetoes it

senate has to confirm president’s appointees and all treaties

congress has to approve budget

impeach

formally accuse a public official of misconduct

• House of Reps initiates impeachment, Senate investigates then votes to remove president from office

2 presidents have been impeached

• 1968 Andrew Johnson over how southern states would be reconstructed after civil war (Senate acquitted him)

• 1998 Clinton charged with perjury and obstructing justice over investigation about affair (Senate acquitted)

• 1974 Nixon resigned before a full House vote on impeachment

presidential roles

• head of state

• chief executive

• commander in chief

• chief diplomat

• legislative leader

• economic planner

• party leader