Sources of Presidential Power

Essential Question and Introductory Exploration

Essential Question: What are the powers and roles of the president and how have they changed over time?
Exploration Activity: Consider a hypothetical scenario where a group of rebels in a foreign country overthrows its president and surrounds the American Embassy. If the U.S. president declares war on the rebel army, an evaluation must be made on whether the president should be able to take such an action and the specific reasons behind that decision.

Constitutional Powers of the Executive Branch

Guiding Question: What powers does the Constitution grant to the executive branch and the president?
Nature of Constitutional Language: The Constitution is described as being broad but vague regarding presidential powers. It specifies that the executive power of the nation will be vested in a president.
Historical Context: The nature of presidential power and the associated roles were subjects of intense debate during the Constitutional Convention more than $200$ years ago and continue to be debated today.
Need for a Strong Executive: * Anti-Tyranny Sentiment: Having fought a revolution against the king of Britain, the Framers of the Constitution were wary of the executive leader becoming a tyrant. * Failure of the Articles of Confederation: The Founders recognized that the Articles of Confederation failed because they did not provide for an independent executive. Without an executive, the national government had no entity to carry out the acts of Congress. * Governmental Efficiency: Without an executive, the government struggled to respond quickly to problems and lacked the means to enforce laws. * Distrust of Direct Participation: Many Founders distrusted direct participation by the people in decision-making. They feared that mass democratic movements might attempt to redistribute personal wealth and threaten private property. * Protection of Liberty and Property: A strong executive branch was desired to protect liberty, private property, and businesses. * Checking the Legislature: A strong executive was intended to hold the legislature (the branch representing popular opinion) in check. The Founders believed the legislative branch could potentially become the most powerful branch, necessitating checks on its power.
Article I Power: The Founders gave the president the power to sign bills passed by Congress into law or to veto them.
Article II Powers: Article II states that the executive power is vested in a president and outlines key powers including: * Executing laws. * Vetoing legislation. * Commanding the military. * Engaging with foreign leaders. * Making treaties with foreign nations (with Senate approval). * Appointing ambassadors and federal judges (with Senate approval). * Constitutional Text Reference: "The executive Power shall be vested in a President of the United States of America…" — Article II, Section $1$ .

Growth of Presidential Power

Guiding Question: What are informal sources of presidential power?
Evolution of the Office: While the constitutional duties of George Washington and modern presidents are similar, today's presidents possess significantly greater power and responsibility.
Inherent Powers: * Definition: Inherent powers are those claimed by the president that are not clearly expressed in the Constitution. * Justification: Presidents argue these powers are inferred from loosely worded phrases such as "the executive power shall be vested in a President" and from the nature of the office itself. * The Louisiana Purchase ( $1803$ ): Thomas Jefferson purchased the Louisiana Territory from France despite the Constitution not explicitly granting the power to acquire territory. He decided the power was attached to the office. The Senate ratified the treaty. * Theodore Roosevelt's Stewardship View: Roosevelt believed it was the president's right and duty to do anything demanded by the nation's needs unless the action was forbidden by the Constitution or laws. He engaged in aggressive "trust-busting" and intervention in labor disputes. * Roosevelt’s $1908$ Quote: "I have used every ounce of power there was in the office and I have not cared a rap for the criticisms of those who spoke of my 'usurpation of power'; . . . I believe that the efficiency of this Government depends upon its possessing a strong central executive."
Limitations on Inherent Powers: When a president exercises an inherent power, Congress and the courts may limit that power. * Korean War Mill Seizure ( $1952$ ): President Harry S. Truman took over the nation's steel mills during a strike to prevent production disruption. The Supreme Court declared this unconstitutional because the power to seize private property was not listed in Article II.

Immediate Needs and National Emergencies

War and Emergencies: Presidents often utilize inherent powers during times of crisis.
Abraham Lincoln (Civil War): Lincoln took actions exceeding accepted limits to preserve the Union, including: * Suspending the writ of habeas corpus. * Jailing Union opponents without trial or legal authority. * Raising an army before obtaining Congressional approval. * Blockading Southern ports.
Franklin Delano Roosevelt (Great Depression): Taking office in $1933$ , FDR steered the economy by convincing Congress to create the New Deal. This expanded the executive branch to carry out various programs and created the "modern presidency."
George W. Bush ( $9$ / $11$ ): Following the September $11$ , $2001$ , attacks, Bush declared a "war on terrorism" and claimed expanded powers. Congress passed the Patriot Act, granting significant intelligence-gathering powers to collect data on people both inside and outside the U.S.

Executive Privilege and Popular Opinion

Executive Privilege: * This is the right of the president to withhold information about communications with advisers from Congress or the courts. * It is not named in the Constitution but has been claimed since George Washington. The Supreme Court has ruled it is part of the separation of powers, though with certain qualifications.
Mandate from the People: * A mandate is an informal source of power consisting of the perception that since a president won an election, the people agree with their plans. * Mass Media: Modern presidents use mass media to gain popular support. Ronald Reagan was known as the "Great Communicator" for his media skills. * Public Opinion as a Limit: Public dissatisfaction can restrict a president. In $1968$ , public dissatisfaction with the Vietnam War led Lyndon Johnson to not run for reelection. * Health Care Examples: Bill Clinton’s $1993$ health care proposal failed after interest groups campaigned against it and public opinion turned. Conversely, during the Obama presidency, shifting public opinion allowed Congress to pass a new health care law.

Checks and Balances on Presidential Powers

Judicial and Legislative Checks: * The Supreme Court can rule executive actions unconstitutional. * Congress can override a presidential veto. * The Senate must confirm appointees and treaties. * Congress must approve the budget.
Impeachment: * Definition: To formally accuse a public official of misconduct. * Process: The House of Representatives initiates the impeachment; the Senate investigates and votes on whether to remove the official from office. * Andrew Johnson ( $1868$ ): Impeached over Southern reconstruction issues; acquitted by the Senate by $1$ vote. * Bill Clinton ( $1998$ ): Impeached on charges of perjury and obstruction of justice; acquitted by the Senate. * Richard Nixon ( $1974$ ): Nearly impeached; he resigned before the full House vote after impeachment charges were prepared.

Seven Main Roles of the Modern President

Head of State: Serves as a ceremonial figure representing the United States.
Chief Executive: Leads the executive branch to implement laws and appoints federal judges and heads of executive departments/agencies (with Senate confirmation).
Commander in Chief: Responsible for national security and in charge of the military.
Chief Diplomat: Meets with foreign leaders, appoints ambassadors, and makes treaties (with Senate approval).
Legislative Leader: Delivers the annual State of the Union message, proposes legislation, signs or vetoes laws, and can call special sessions of Congress.
Economic Planner: Appoints economic advisors, meets with business leaders, prepares the annual budget request, and submits economic reports to Congress.
Party Leader: Leads the political party, rewards supporters with government positions, and helps elect other party members through fundraising and campaigning.