Growth of Presidential Power & President's Executive Power

The Growth of Presidential Power

Article II

• “The executive Power shall be vested in the President of the United States of America”

Why Presidential Power has Grown

• The unity of the office

• Strong presidents have set an example

• Growing complexity of the nation

• Congress has delegated power to the president

• Mass Media - Forms of communication, especially radio, TV, and the internet

• The president is not-all powerful

• Power can be limited by Congress and the Supreme Court

The Presidential View

• Teddy Roosevelt’s “stewardship theory” provides a broad view of the presidency

• Others like Williams Howard Taft saw the presidency with definite limits

• Imperial Presidency - paints a picture of the president as an emperor, taking strong actions without the approval of others

  • Trump, Biden, Obamna, Bush, etc.

  • This is the case with many of the presidents

The President’s Executive Powers

Executing the Law

• Oath of Office - Taken the day the president takes office

• The President must execute all federal laws, but he can use discretion about how vigorously he will pursue some of them

• The details of the administration of a law are usually left to the executive branch

The Ordinance of Power

• The president can issue executive orders

• Executive Orders - A directive, rule, or regulation that has the effect of law

• Ordinance Power - The power to ussue executive orders

The Appointment Power

Appointees

• The President appoints:

  • Ambassadors, diplomats, cabinet members, heads of federal agencies, federal judges, US marshals, attorneys, and all officers of armed forces

  • Requires Senate approval

  • Once the President has made the appointment, it is sent to the Senate where a simple majority is required

Recess Appointments

• The president can make appointments to “fill up all vacancies that may happen during the Recess of the Senate.”

• The appointment expires at the end of the Congressional term

The Removal Power

The Historical Debate

• During the first session of Congress, there was a debate about whether the president should be able to remove those he appointed

• It was decided that he could, but he could not dismiss federal judges

Removal and the Court

Myers v. United States, 1926

• Upheld the president's right to remove those in federal office

Humphrey's Executor v. United States, 1935

• The federal employees can only be removed for "inefficiency, neglect of duty, or malfeasance in office."