ACL Chapter 4 pt 1

Chapter Outline

• Introduction

• Structural Aspects of the Presidency

• Theories of Presidential Power

• The Veto Power

• Appointment and Removal Powers

• Power to Grant Pardons

• Executive Privilege

• Presidential Immunity

• Foreign Policy and International Relations

• War Powers

• Conclusion

• Key Terms

• For Further Reading

Introduction

• Constitution emphasizes Congress over the Presidency.

• Framers viewed Congress as dominant (Madison, The Federalist No. 51).

• Historical trend shows increase of power in the executive branch.

Structural Aspects of the Presidency

• Some delegates considered a multi-person executive; ultimately, a single executive was chosen.

• George Washington's leadership reduced fears of presidential tyranny.

Presidential Terms

• Elected for a term of four years; no initial limit on terms.

• Washington set precedents by not seeking a third term.

• Twenty-second Amendment (1951) limits presidents to two terms following FDR's four terms.

The Electoral College

• Indirect method of presidential election; each state has electors equal to its Congressional representation.

• Originally intended for independent electors—shifted to party-controlled electors with the rise of political parties.

• Twelfth Amendment (1804) separated presidential and vice-presidential elections.

• Issues include possible election without winning the popular vote (case examples: 1876, 1888, 2000).

• Ongoing debate regarding the relevance and fairness of the Electoral College, exacerbated by the 2000 election controversy.

Presidential Succession and Disability

• Established precedent by John Tyler in 1841 after Harrison's death.

• Twenty-fifth Amendment (1967) addresses presidential disability and succession.

Theories of Presidential Power

• Article II establishes executive power but lacks specific definition.

• Enumerated Powers: Specific powers listed in Article II (e.g., appointments, vetoes).

• Inherent Powers: Debate between Madison (limits on powers) vs. Hamilton (broader interpretation of executive power).

Stewardship vs. Constitutional Theory

• Stewardship grants broad presidential authority as long as not explicitly prohibited.

• Constitutional view insists powers must be directly derived from the Constitution.

• Supreme Court decisions reflect fluctuating interpretations of executive power (notable cases: Youngstown Sheet & Tube v. Sawyer, Nixon v. United States).

The Veto Power

• Requires presentment to the president for approval—exceptions exist (single-house actions, concurrent resolutions).

• Legislative Veto ruled unconstitutional in INS v. Chadha (1983) for violating presentment clauses.

• Pocket Veto: President has 10 days to act on legislation, or it becomes law without a signature under specific conditions.