AP Gov Ch. 5 Notes

CHAPTER 5 – THE AMERICAN PRESIDENCY

EXECUTIVE POWER AND ITS LIMITS

INTRODUCTION

  • This chapter discusses the constitutional qualifications, powers, and limits of the presidency.

  • It highlights the evolution of presidential power and the roles the president plays in the government.

LEARNING TARGETS

  • 5.1: Describe the constitutional qualifications, powers, and limits of the presidency as debated by the Founders.

  • Explain Hamilton’s main argument in Federalist No. 70 for enlarging presidential power in Article II of the U.S. Constitution.

  • Identify and describe both formal and informal powers of the presidency.

  • Explain how executive orders, executive agreements, and executive privilege have expanded presidential power over time.

5.1: THE EXECUTIVE BRANCH

  • Selection:

    • President is elected through the Electoral College.

    • Disagreements arose with small states fearing a lack of influence and a mistrust of the American people's decision-making abilities.

    • The president is indirectly selected by electors apportioned to each state based on congressional representation.

  • Terms:

    • Presidential term: Four years with no term limits.

    • A precedent of two terms was set by George Washington and later codified by the Twenty-Second Amendment.

  • Qualifications: Three formal requirements to run for president:

    • Must be a natural-born citizen.

    • Must be at least 35 years old.

    • Must have lived in the U.S. for at least 14 years prior to the election.

5.1: HAMILTON’S FEDERALIST NO. 70

  • Concerns about a Single Executive:

    • Critics feared a single strong executive might lead to tyranny.

  • Hamilton’s Defense of Strong Executive:

    • Argued that a strong executive is necessary for effective governance and energy in leadership.

    • More than one executive would lead to indecisiveness, disagreement, and an inability to protect the nation.

    • A single executive is easier to check, simplifying accountability and blame.

5.1: PRESIDENTIAL POWERS

  • Founding Concerns:

    • Anti-Federalists were apprehensive about too much power being granted to the presidency.

    • Following extensive debate, some formal powers were allocated to the president, but informal powers also emerged over time.

  • Formal vs. Informal Powers:

    • Formal (Enumerated) Powers: Powers explicitly stated in the Constitution.

    • Informal (Unenumerated) Powers: Powers developed over time, necessary to implement formal powers.

5.1: THE POWER TO PARDON

  • Definition of Presidential Pardon:

    • Authority to absolve individuals convicted of crimes from legal consequences.

    • Capable of setting aside punishment for a federal crime.

    • Considered an absolute power with one exception: cases of impeachment.

    • Typically granted during the final days or weeks of a president's term and often favor political allies.

5.1: INFORMAL PRESIDENTIAL POWERS

  • Executive Privilege:

    • The right claimed by presidents to keep certain conversations, records, and transcripts confidential from outside scrutiny, particularly Congress.

    • United States v. Nixon (1974): This case narrowed the definition of executive privilege, increasing congressional oversight of the executive branch.

  • Executive Agreements:

    • Agreements between the president and foreign nations, which do not carry the same durability as treaties and do not require Senate ratification.

    • Not legally binding between nations but between heads of state.

  • Signing Statement:

    • Written commentary by the president while signing a bill into law.

    • These may include interpretations of the law or political statements regarding the rationale behind signing.

  • Executive Orders:

    • Directives issued by the president that allow policy implementation without congressional approval.

    • Example: Franklin Roosevelt's Executive Order 9066, which resulted in the internment of Japanese Americans during WWII.

    • More recent examples include DACA (Deferred Action for Childhood Arrivals).

5.2: KEY ROLES OF THE PRESIDENT

Learning Targets for 5.2

  • Identify and describe five key roles of the President:

    • Chief Executive

    • Chief Diplomat

    • Commander in Chief

    • Legislative Leader

    • Party Leader

  • Describe how influence is exerted over the executive branch and the bureaucracy via cabinet and appointments.

  • Identify how the presidential veto and pocket veto function.

  • Explain presidential influence on foreign policy as chief diplomat and commander in chief.

  • Discuss the historical expansion of presidential power.

5.2: ROLE AS CHIEF EXECUTIVE

  • Acts as the head of the executive branch, tasked with carrying out the laws of the nation.

  • Although the responsibilities are vast, the Constitution provides vague guidance on execution methods.

  • Cabinet:

    • Comprises 15 department heads who assist in law execution alongside dozens of other agencies.

    • The president issues executive orders to instruct the bureaucracy.

    • Has budgetary powers to increase or decrease agency funding.

5.2: THE CABINET

  • The cabinet is not mandated by the Constitution but is formed out of the necessity for administration.

  • Cabinet members are appointed by the president and require Senate confirmation, demanding a majority vote.

  • Political Appointments:

    • Nominees typically have connections to private businesses or interest groups, raising potential conflicts of interest.

5.2: ROLE AS CHIEF DIPLOMAT

  • Guides U.S. foreign policy with both symbolic and ceremonial responsibilities.

  • Holds power to negotiate treaties needing a 2/3 Senate vote for ratification.

  • Engages in executive agreements with foreign heads of state, enhancing the president's international leverage.

5.2: ROLE AS CHIEF LEGISLATOR

  • The role has expanded over time.

  • State of the Union Address:

    • An annual speech to update Congress and the public on national affairs and outline the legislative agenda to garner public support.

  • Veto:

    • Formal rejection of a bill, with a 2/3 override needed from Congress to enact the bill anyways.

  • Pocket Veto:

    • An informal veto occurring when the president opts not to sign a bill within ten days while Congress is adjourned, causing the legislation to expire without the possibility of override.

5.2: ROLE AS COMMANDER IN CHIEF

  • The president is the top of the military command but remains a civilian.

  • Tasked with protecting the nation with limited war-making power given to Congress, which alone can declare war.

  • However, the president can mobilize military action and react swiftly in crises, leading to increased military power over time.

QUANTITATIVE ANALYSIS AND TRENDS

  • Confidence in President Biden's capacity to handle foreign policy issues:

    • Survey results show varying levels of confidence on issues like climate change, terrorism, international trade, and relations with allies.

  • Understand how such data reflects public perception and influences presidential action and decision-making.

  • Congressional power to check presidential authority in foreign policy through oversight and approval requirements.

5.3: LIMITS ON PRESIDENTIAL POWER

Learning Targets for 5.3

  • Describe the legislative and judicial checks on the president.

  • Explain the War Powers Act's origins and its impact on presidential powers.

  • Identify impeachment steps and the challenges in removing a president from office.

  • Describe the Supreme Court's role in checking presidential authority.

5.3: LIMITS ON PRESIDENTIAL POWER

  • Congressional Support:

    • Presidential objectives often hinge on gaining congressional approval for passing laws and funding programs.

    • Requires Senate approval for treaties and confirmation of appointments.

    • Congress can override presidential vetoes with a 2/3 vote in both chambers.

5.3: WAR POWERS ACT (1973)

  • A law intended to restrict presidential power regarding troop deployment in combat without congressional consent for longer than sixty days.

  • Enacted during rising public and legislative discontent with the Vietnam War, despite President Nixon’s veto.

  • The Act has seen limited compliance from presidents, who argue it challenges executive authority.

5.3: IMPEACHMENT

  • The process includes a majority House vote to issue articles of impeachment, followed by a Senate trial requiring two-thirds for conviction.

  • Grounds for impeachment include “treason, bribery, or other high crimes and misdemeanors.”

5.3: SUPREME COURT DECISIONS ON PRESIDENTIAL POWER

  • Judicial review often serves as a check against executive orders.

  • United States v. Nixon (1974):

    • Established limitations on executive privilege, requiring Nixon to surrender audio recordings.

    • The ruling emphasizes the balance of privilege against legal accountability in criminal investigations.

5.4: THE MODERN PRESIDENCY

Learning Targets for 5.4

  • Examine how modern presidents engage with the executive branch, Congress, and public.

  • Discuss the constitutional duties of the Vice Presidency and its expansion.

  • Explore the role of the President as a chief legislator, focused on persuasion and bargaining.

  • Define the concept of the bully pulpit and its significance for public opinion.

  • Explore implications of the 2020 election on power transitions.

5.4: THE MODERN PRESIDENCY

  • The presidency is now a single authoritative figure that doesn't operate in isolation; public opinion, Congress, and lower-level bureaucracies influence presidential decisions.

  • Essential to navigate the significant responsibilities and powers in both domestic and international affairs.

5.4: THE VICE PRESIDENCY

  • The twelfth amendment established the election of president and vice president together, replacing the previous second-highest vote-getter system.

  • The vice presidency is conventionally a weak position, yet its influence has grown significantly over recent administrations.

  • Constitutional roles include:

    • President of the Senate, capable of breaking ties.

    • First in line for presidential succession as per the Twenty-Fifth Amendment.

    • Can act as president in specific circumstances.

5.4: THE FIRST SPOUSE

  • No formal governmental role exists; the First Spouse acts as a liaison between the public and the president.

  • Engagement in initiatives or programs is common among modern First Spouses to address social issues (e.g., Michelle Obama with childhood obesity, Jill Biden continuing her role as an educator).

5.4: THE EXECUTIVE OFFICE OF THE PRESIDENT

  • The Great Depression and WWII escalated the responsibilities and powers of the presidency, diluting Congressional dominance.

  • The modern presidency has several key functions:

    • Initiates legislation.

    • Holds powers delegated from Congress.

    • Influences trade and war policies.

    • Catches public attention with a large, loyal staff within the Executive Office of the President (e.g., OMB, National Security Council).

5.4: THE PRESIDENT AND A PARTISAN CONGRESS

  • The president serves as the unofficial leader of their political party.

  • Engaging in negotiation and persuasion is integral for effective legislative execution.

  • Collaborations with party leaders are essential for executing the presidential agenda across party lines.

5.4: THE PRESIDENT AND PUBLIC OPINION

  • Public support can either expand or constrain presidential capabilities.

  • Going Public - Presidents often appeal directly to citizens to garner support for policies.

  • Bully Pulpit - Utilizing public platforms to influence governance by applying public pressure on other governmental branches.

  • The presidency holds unique power in media influence over public opinion compared to other branches.

5.4: PRESIDENTIAL APPROVAL RATINGS

  • Presidential approval ratings guide politicians in gauging public sentiment.

  • High ratings typically facilitate greater persuasion avenues.

  • The strongest instances of approval occur in honeymoon periods or during national crises that unify public sentiment.

5.4: AFTERMATH OF THE 2020 ELECTION

  • The integrity of elections is critical to democracy; peaceful transitions are a norm for losing incumbents.

  • The challenges faced during the 2020 election following Trump's claims of fraud and subsequent legal actions highlight vulnerabilities in election confidence.

  • The Supreme Court's ruling in Trump v. United States reinforces the notion of presidential immunity under duty fulfillment.