The Presidency: The Origin and Development of the Presidency

After completing this section, you will be able to:
- Understand why the powers of the president are important in understanding specific actions and issues.
The president of the United States has specific roles and powers explicitly outlined in the Constitution.

The framers of the Constitution were cautious about the structure and power of the executive branch after witnessing authoritarian monarchy.
They recognized the ineffectiveness of the national government under the Articles of Confederation.
To maintain the rights and will of the people, they sought an executive office that could exercise authority in a balanced way.
Initial disagreements at the Constitutional Convention included the executive's role, title, and powers relative to Congress.
The outcome was the establishment of a singular executive, the president, elected indirectly by electors.
Broad responsibilities and powers were listed in the Constitution.

Article II of the U.S. Constitution vests the executive power in the president.
Sections Overview:
- Section 1: Selection and term of office.
- Section 2: Powers of the president.
- Section 3: Responsibilities of the president.

Clause 1: Term of Office
- The president is elected to a four-year term and is eligible for reelection.
- The Constitution was amended to limit the presidencies to two terms.
Clauses 2-4: Selection of the President
- The president is elected by Electors appointed by each state.
- Congress determines when Electors are chosen and when they cast their votes.
Clause 5: Eligibility Requirements
- President must be at least 35 years old, a natural-born citizen, and resident for 14 years.
Clause 6: Vacancy
- If a vacancy occurs, the vice president assumes the role of acting president.
Clause 7: Compensation
- The president will be compensated, and this amount cannot change while in office.
Clause 8: Presidential Oath
- Which of the following presidential powers are granted by the Constitution?
  Multiple Choice
  - expressed powers
  - inherent powers
  - statutory powers
  - expressed powers and inherent powers

Clause 1: Commander-in-Chief
- The president has civilian control over the military.
- Congress has the sole power to declare war.
- The president can issue reprieves and pardons for federal offenses.
Clause 2: Additional Powers
- Additional powers not specified.
Clause 3: Fill Vacancies
- The president can fill Executive Branch vacancies occurring during Senate recess; these expire at the end of the next session.

Section 3: Responsibilities of the President
- Seek opinions from various officers and executive departments.
- Make treaties, requiring Senate two-thirds concurrence.
- Appoint ambassadors, judges, and officers.
- Report to Congress on the State of the Union.
- Convene Congress on extraordinary occasions.
- Receive ambassadors and public ministers.
- Ensure the laws are executed faithfully (the "take care" clause).
Section 4: Impeachment
- The president can be impeached for treason, bribery, or high crimes and misdemeanors, starting in the House of Representatives and moving to the Senate.

While the Constitution specifies some roles (e.g., Commander in Chief), presidents also perform duties tied to several distinct office expectations.
Roles Include:
- Head of State: Symbol of authority and unity, embodying national values and ideals, performing ceremonial duties.
- Chief Executive: Top bureaucrat executing laws, appointing senior officers, directing bureaucratic planning.
- Chief Legislator: Influences the legislative process through lobbying, budget submission, and vetoing legislation.
- Commander in Chief: Supreme leader of armed forces, can deploy troops but cannot declare war.
- Chief Diplomat: Directs foreign policy, conducts treaties, and appoints ambassadors.
- Party Leader: Sets party agenda, fundraises, and campaigns for party members.

Article II: Establishes the roles and authority of the presidency.
Natural Born Citizen: A citizen at birth, born on U.S. territory or to U.S. citizen parents.
Reprieve: A temporary postponement of a judicially imposed sentence.
Pardon: Cancellation of a guilty verdict.
Take Care Clause: Basis for the president's inherent powers.
Chief Diplomat: Directs the nation’s foreign policy.
Treaty: An agreement needing Senate approval.
Executive Agreement: Binding agreement without Senate ratification.
Going Public: The strategy of appealing directly to voters to gain support for initiatives.

The expansion of presidential powers has its roots in historical precedents, Congress delegating more authority, and shifts in constitutional interpretation.
Expansion Factors:
- Escalation of war powers despite Congress having war declaration authority.
- The War Powers Resolution aimed to limit military action without authorization.
- The concept of the "imperial presidency," especially under Franklin D. Roosevelt and later presidents, reflects growing presidential power.

Significant expansion happened during the New Deal in the 20th century.
The 9/11 attacks also contributed to expanded presidential powers, particularly related to national security.
Key modern examples include how different presidents (Bush, Obama, Trump, Biden) interpreted and employed their powers, such as executive orders or military interventions.

Defined as broad powers during national crises, presidents can suspend certain civil liberties and draft state militias.
Example: Abraham Lincoln invoked them during the Civil War.

Decrees that carry the force of law, allowing presidents to achieve policy goals without congressional approval.
These orders can be overturned by successors and reviewed by the courts.

The right to withhold information from Congress or the courts to protect confidentiality.
Established in U.S. v. Nixon, the Supreme Court ruled that this privilege cannot impede criminal investigations.

The Supreme Court has granted presidents some immunity from civil liability, which has implications during investigations and allegations of misconduct.