A

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."