In Depth Notes on Chapter 5: The American Presidency

Chapter 5: The American Presidency

5.1 Presidential Power and the War on Terror
  • Increased Military Authority: The War on Terror significantly enhanced President Bush's military authority to respond to public demands for action.
  • Executive Orders: Issued to:
    • Call up troops (Ready Reserve activated)
    • Seize financial assets of suspected terrorists
    • Block financial transactions with suspect organizations
    • Create the Office of Homeland Security
  • Case Study: Yaser Hamdi:
  • U.S. citizen detained as an "enemy combatant" accused of aiding Taliban.
  • Raises questions about constitutional rights for citizens during wartime.
    • Administrators argue the president has the right to detain under war powers.
  • Continuation Under Obama: Similar strategies used against Anwar al-Awlaki.
  • Notable that al-Awlaki and his son were killed in U.S. drone strikes.
  • Impact of 9/11 Attacks: These events shaped the legal and executive landscape regarding citizens' rights during crises.
5.2 The American Presidency: Power Structure
  • Presidential Powers:
  • Formal Powers: Explicitly granted by the Constitution.
  • Informal Powers: Necessary to execute formal responsibilities (e.g., executive orders, agreements).
  • Roles of the President:
  • Chief Executive: Executes laws, manages bureaucracy, oversees cabinet departments.
  • Chief Diplomat: Guides foreign policy, negotiates treaties (requires Senate ratification).
  • Chief Legislator: Sets legislative agenda, delivers State of the Union Address, vetoes bills, and engages in lobbying.
  • Commander in Chief: Controls the military but must work within congressional limits on war-making powers.
  • Pardons: Can grant reprieves and pardons, except in cases of impeachment.
  • Unilateral Actions:
  • Executive Privilege: Right to keep certain communications confidential from Congress.
  • Executive Agreements: International pacts that don’t require Senate approval.
  • Executive Orders: Directives that manage operations of the federal government without congressional approval, can also reflect personal priorities.
5.3 Limits on Presidential Power
  • Checks and Balances:
  • Congress: Required to approve budgets, confirm important appointments, ratify treaties, override vetoes.
  • Judiciary: Can invalidate executive orders through judicial review.
  • War Powers Resolution: Limits president's ability to deploy troops without congressional authorization.
  • Established after Vietnam; largely ignored by presidents.
  • Impeachment Process:
  • Requires a majority in the House and two-thirds in the Senate for conviction.
5.4 The Modern Presidency
  • Evolving Role: Modern presidents often face increased expectations and responsibilities.
  • Public Opinion's Role:
  • Presidents can influence and be influenced by public perceptions, impacting their decision-making.
  • Utilize media (press conferences, social media) to bolster support for their policies.
  • First Spouse and Vice Presidency: Growing significance of these roles—mention initiatives to promote social causes (e.g., childhood obesity, anti-bullying).
5.5 War on Terror and Presidential Power
  • Public Expectation: In times of crisis, the public tends to rally around the president, reinforcing his power.
  • Controversy of Executive Actions: Cases like Hamdi v. Rumsfeld highlight judicial checks on presidential powers despite wartime context.
  • Judicial Limits: Courts have enforced constitutional protections even amid expanded powers.
  • Responses to Crises: The ability to act quickly during crises often leads to an expansion of perceived presidential power.

Key Themes

  • The balance between presidential power and civil liberties, especially in wartime.
  • The role of executive action in shaping both domestic and foreign policy.
  • The importance of checks and balances in maintaining government accountability and transparency.