Executive-_Limits_and_Strengths_NOTES.pptx

Power of the Presidency

  • Note-taking directive: As presidents are presented, document important historical insights for later reference.

Strengthening and Limiting the President's Power

  • Importance of understanding how presidential authority has evolved.

Presidential Power Over Time

Discussion Question

  • Comparison of the president's power in 2022 versus 1787.

Presidential Strengthening of Power

Executive Orders

  • Definition: Legal directives issued by the president to enforce policies with the force of law.

  • Distinction: Different from executive agreements; can be declared unconstitutional by the Supreme Court.

Executive Order 9066

  • Context: Issued in wartime, allowing for the exclusion of individuals from military areas, specifically targeting Japanese ancestry residents.

  • Significance: Reflects the use of presidential power in national defense and civil control during crises.

Impoundment

  • Definition: The practice where the president refrains from spending money appropriated by Congress.

  • Example: President Nixon's refusal to spend funds on 12 spending bills passed by a Democratic Congress.

Budget Reform and Impoundment Act of 1974

  • Requirement: Mandates that the president must spend all appropriated funds unless Congress approves the impoundment.

  • Legal standing: Upheld by courts; current status is that impoundment is deemed unconstitutional.

Executive Privilege

  • Definition: The claim by the president to keep communications with advisors secret.

  • Basis: Not explicitly in the Constitution; connected to the separation of powers.

  • Concerns: Issues arise regarding fear of press or public access, particularly involving national security.

Case Studies Involving Executive Privilege

US v. Nixon

  • Key Issue: Whether executive privilege can extend to communications related to criminal wrongdoing.

Clinton v. Jones

  • Key Issue: The extent of executive privilege in civil cases against a sitting president.

Power of Persuasion

  • Definition: The president’s ability to leverage their position to influence public support for policies.

  • Concept: Use of 'bully pulpit' to engage and persuade the media and public.

Audiences of Presidential Persuasion

  1. Congress

  2. The American Public

  3. The Media

Nixon and the Concept of Imperial Presidency

  • Definition: The scenario where a president accumulates excessive power.

  • Notable Example: Richard Nixon as a case study of imperial presidency.

Presidential Power Limits

Concept of Lame Duck

  • Definition: A president in office after a new president is elected but before inauguration.

  • Timeframe: In the U.S. holds office from November to January; prior to the 20th Amendment, from November until March.

Changes Due to the 20th Amendment

  • Adjustment: Moved presidential inauguration to January, reducing the lame duck period.

Line-Item Veto

  • Definition: Power to veto certain sections of a bill without rejecting the whole legislation.

  • Historical Context: Instituted in the Line-Item Veto Act of 1996; now deemed unconstitutional.

Constitutional Challenges

  • Landmark Case: Clinton v. New York (1998) determined the Line-Item Veto Act unconstitutional as it granted excessive presidential power.

Challenges of Gridlock

  • Definition: A situation where government functions are stalled due to partisan differences.

Impeachment Process

Definition

  • Charges of wrongdoing brought against a government official by Congress.

Steps in Impeachment

  1. Articles of impeachment passed by the House with a majority vote for offenses like treason, bribery, or high crimes.

  2. Senate conducts a trial, presided over by the Supreme Court Chief Justice.

  3. Final step requires a 2/3 Senate majority to remove from office.

Historical Context of Impeachment

  • Notable Cases: Three presidents impeached by the House - Andrew Johnson, Bill Clinton, Donald Trump.

  • Outcome: No president has ever been removed by the Senate. Nixon resigned before impending impeachment.

Broader Context of Impeachment

  • Congress's authority to impeach any federal official as per the Constitution.

  • History: House passed impeachment proceedings 65 times; only 20 led to actual impeachment. Senate has convicted 7 federal judges.