The President

Types of Constitutional Powers

Enumerated ( expressed ) : those powers directly written in the constitution, article 1 section 8, clause 1-17.

Implied: Powers reasonably suggested by the Constitution, Article 1, section 8, clause 18.

Inherent : Powers that belong to the national government because it is a national government. Powers assumed to belong to the sovereign nations

Concurrent : Those powers shared by the national government and the states.

  • tax, build roads, bankruptcy, laws, create lower courts

Reserved : Powers left to the states Amendment 10. Also known as the “police power” of the states.

Constitutional Qualifications

  • 35 years

  • natural born citizen

  • 14 years a resident

President constitutional powers

  • commander in chief

  • make treaties

  • nominate federal judges

  • appointed ambassadors

  • appointed cabinet members

  • Fill appointments during Congressional recess

  • State of the Union

President roles

  • Chief executive

  • Chief of State

  • Chief Diplomat

  • Chief Legislator

  • Chief of Party

  • Commander in Chief

  • Chief Guardian of the Economy

Presidential Powers

  • Framers intentions

    • The founders conceived a limited presidency

    • The vague language of the constitution has allowed the presidency to expand

Expanding presidents power

  • Growth of presidency

    • Caused by the ambition of presidents and structural changes

      • Teddy and Franklin Roosevelt, Woodrow Wilson

      • Technological changes

      • growth in government

Bully Pulpit - The power of the president to use their office and the media to persuade people into passing their ideas.

Presidential power and congress

  • Growth of the presidency

    • Expansion of the presidential power comes at the expense of Congress

      • The budget ( budget control and impoundment act )

      • War making ( war powers act )

      • Executive orders

The constitutional Basis of Presidential Power

  • Legislative powers

    • Inform the congress of the state of the union

    • recommend necessary and expedient legislation

    • summon congress into special session

    • veto legislation

      • Pocket veto

      • Line-item veto

        • Line-item Veto act of 1996 - overruled by Clinton vs. City of NY

  • Foreign Policy/Diplomatic powers

    • Commander in chief

    • Negotiates treaties and recognizes countries ( Taiwan and Palestine aren’t recognized as countries “in” America )

    • Send and receive ambassadors

Staff and support

  • White house staff ( presidents really trusts them )

    • Key aids who are the presidents closest and most trusted advisors

    • The exact shape and role of the White House staff changes from one presidency to another.

  • The Vice president

    • No constitutional powers except to serve as President of the Senate

    • Recent increase in importance ( divided senate )

  • The cabinet

    • Heads of all major bureaucrats

    • A highly visible symbol of the executive branch

    • Presidents have usually not relied upon

Presidental Approval

  • Symbiotic relationship between presidents and the public

    • President seek to anticipate public reactions and take actions that will please the public

    • The public influences president’s political capitol through its judgment of presidential approval

  • Determinants of Presidential approval

    • The economy

    • war ( the rally effect )

    • scandal

    • time

  • Power of persuasion is a major informal power the president has

Executive Orders and Agreements

  • Executive orders

    • Carry weight of law

    • fine tune policies

    • emergencies

    • “The Wall”

  • Executive Agreement

    • Between President and another foreign head of state

    • Politically binging NOT legally binding

    • Do not need senate ratification

    • “Paris Climate Accord”

Bureaucratic Organization and Functions

  • What is bureaucracy?

    • A bureaucracy is an organization that is designed to perform a particular set of tasks

    • In the case of government, without bureaucracy, very little would get done.

  • Who are bureaucrats

    • Career Civil Service

      • A system by which classified public employees are hired and promoted on the basis of merit

      • Career bureaucrats tend to look very much like other Americans with regard to education, regional origins, age, political beliefs, average income, gender, and ethnicity.

      • Appointed by president and can be removed by president

  • What do bureaucrats do?

    • execute the law

    • regulate ( rule making )

    • adjudicate

    • bureaucratic discretion.

  • Organization of the bureaucracy

    • Government corporations operate in a market setting and are organized like a business enterprise

      • Amtrak ( railroads)

      • U.S Postal Service

      • FDIC ( federal deposit insurance company )

        • Money making bodies

  • Independent regulatory commissions

    • FCC ( regulates TV )

    • SEC ( regulates stock market )

      • revolving door

Checks and Balances of the bureaucracy

  • Executive

    • appointments

    • executive orders

    • enforcement

  • Legislative

    • confirmation

    • power of the purse

    • oversight

  • Judicial

    • Judicial review