Presidency Test Study Guide: Ch. 12 Presidential Powers and Roles
Alexander Hamilton and Federalist No. 70
Alexander Hamilton’s primary arguments in Federalist No. 70 focus on the necessity of a single, energetic executive for the success of the American government.
Hamilton argues that a strong executive branch is "essential to the protection of the country against foreign attacks."
He asserts that such an executive is necessary for the "steady administration of the laws."
He links the unitary executive to the "protection of property" against irregular and high-handed combinations which sometimes interrupt the ordinary course of justice.
Finally, he claims a strong executive is essential for the "security of liberty" against the enterprises and assaults of ambition, faction, and anarchy.
The core justification for a single executive, as opposed to a plural executive (like a committee), is that a single person can act with more decision, activity, secrecy, and dispatch than any number of persons.
Constitutional Powers Under Article II
Expressed Powers: These are powers specifically granted to the president by the Constitution. They include the power to serve as Commander in Chief, the power to make treaties (with Senate consent), the power to appoint ambassadors and federal judges, and the power to grant reprieves and pardons.
Executive Powers: The president is tasked with the broad responsibility to "faithfully execute" the laws passed by Congress. This involves managing the vast federal bureaucracy and the various executive departments.
Executive Orders: These are directives, rules, or regulations issued by the president that have the effect of law. Presidents use them to manage the operations of the federal government and to bypass Congress when they are unable to secure legislative action on their agenda. Executive orders are considered implied powers derived from the president’s vested executive authority or power delegated by Congress.
Appointment Power: The president appoints numerous offices, including Cabinet members, ambassadors, Supreme Court Justices, Court of Appeals judges, District Court judges, and some positions within the Executive Office of the President.
Senate Role in Appointments: The Senate holds the power of "advice and consent." This involves conducting hearings and a confirmation process. The Senate uses this as a check on executive power by vetting the qualifications and ideological leanings of nominees. Presidential influence is often most long-lasting through judicial appointments because federal judges serve life terms, allowing their judicial philosophy to impact the law for decades after the president leaves office.
Diplomatic and Military Powers
Treaties: A formal agreement between two or more sovereign states. The president negotiates treaties, but they must be ratified by a vote in the Senate according to Article II.
Executive Agreements: These are informal pacts between the president and the head of a foreign state. They do not require Senate ratification. While not explicitly mentioned in the Constitution as an expressed power, they are considered an informal or implied power relating to the president's role in foreign policy.
Diplomatic Recognition: This is the power of the president to acknowledge the legal existence of a country and its government. This is significant because it allows the United States to establish formal relations, trade agreements, and treaties with other nations.
Commander in Chief: As the head of the military, the president has the authority to direct the movements of the naval and military forces. This is an expressed power.
War Powers Resolution of 1973: Congress passed this resolution to limit the president’s military powers following the Vietnam War. It requires the president to notify Congress within hours of committing armed forces to military action and forbids armed forces from remaining for more than days (with a -day withdrawal period) without a Congressional authorization of use of military force (AUMF) or a declaration of war.
Judicial and Legislative Powers
Judicial Powers (Clemency): These powers serve as a check on the judicial branch by allowing the president to intervene in the legal punishment of individuals. - Pardon: Legal forgiveness of a crime. - Reprieve: Postponement of the execution of a sentence. - Amnesty: A blanket pardon offered to a group of law violators. - Commutation: The power to reduce the length of a sentence or a fine imposed by a court.
Legislative Powers: - Recommending Legislation: The president uses the State of the Union and other messages to suggest laws to Congress. - Bargaining and Persuasion: These are informal powers used to secure congressional action through negotiation. - Signing Statements: Written comments issued by the president at the time of signing legislation. These inform Congress and the public of the president's interpretation of the law and how the executive branch intends to enforce or ignore specific provisions. - Veto: A formal power to reject a bill passed by Congress. A regular veto can be overridden by a vote in both the House and Senate. - Pocket Veto: Occurs when a president does not sign a bill within days (excluding Sundays) and Congress adjourns during that period. A pocket veto cannot be overridden by a vote. - Line-Item Veto: The power to cancel specific dollar amounts in spending bills. The Supreme Court ruled the line-item veto unconstitutional for the president, although many governors possess it.
Formal and Informal Roles of the President
Chief of State / Head of State: The ceremonial head of the government of the United States and the symbol of all the people of the nation.
Chief Executive / Chief Administrator: The head of the executive branch and the manager of the federal bureaucracy.
Chief Diplomat: The main architect of American foreign policy and the nation's chief spokesperson to the rest of the world.
Commander in Chief: The supreme commander of the nation’s armed forces.
Legislative Leader: The main architect of the nation's public policies and the individual who sets the overall shape of the congressional agenda.
Party Leader / Chief of Party: The acknowledged leader of the political party that controls the executive branch.
Chief Citizen: The representative of all the people, expected to work for and represent the public interest against private interests.
Economic Planner: Though not explicitly in the Constitution, the president is expected to promote high employment, production, and purchasing power, often submitting an annual economic report and federal budget.
Presidential Power Over Time and Perspectives
Growth of Power: Presidential power has expanded due to the unity of the presidency, the influence of individual presidents, the complexity of the nation's social and economic life, and the need for immediate action during times of crisis (e.g., war or depression).
Two Perspectives: - Limited Interpretation: The view that the president should only exercise powers specifically granted by the Constitution or delegated by Congress. - Expansive Interpretation: The view that the president has broad inherent powers to take whatever action is necessary in the national interest, unless prohibited by the Constitution.
Twenty-Second Amendment: Passed by Congress to limit the expansion of executive power by establishing a two-term limit for presidents (or a maximum of years if they succeeded to the office).
Presidential Communication and Media
Communication Technology: The impact of presidential communication has increased significantly with advances in technology. Modern tools like social media allow for rapid, direct responses to political issues without the filter of traditional media.
Bully Pulpit: A term referring to the president's use of their prestige and visibility to guide or enthuse the American public. It is a tool for agenda setting.
State of the Union: A nationally broadcast message used by the president to set the policy agenda and influence public opinion on which policies are most critical.
Terms, Qualifications, and the Vice Presidency
Term: -year term; limited to two terms by the 22nd Amendment.
Salary: The president earns an annual salary of $400,000.
Requirements: Must be a natural-born citizen, at least years of age, and a resident of the United States for at least years.
Vice President (VPOTUS): - Formal Roles: To preside over the Senate (voting only to break a tie) and to help decide the question of presidential disability under the 25th Amendment. - Informal Roles: Often chosen to "balance the ticket" geographically or ideologically; serves as a key advisor and representative of the president.
Policy Conflicts and Institutional Checks
Congressional Agenda Conflicts: When the formal list of policies Congress is considering conflicts with the president’s goals, the president may use executive orders and directives to the bureaucracy to address their own agenda items.
Example (DACA): President Obama issued the Deferred Action for Childhood Arrivals (DACA) executive order to provide temporary relief from deportation for certain undocumented immigrants when Congress failed to pass the DREAM Act.
Confirmation as a Check: While Senate confirmation is a tool to check appointments, it can lead to intense conflict, especially regarding life-tenured judicial positions which represent the president's most enduring legacy.