Presidential Lecture Slides

Chapter 5: The American Presidency

Learning Targets

  • 5.1 Explain presidential powers in the fight against terrorism.

  • 5.2 Describe presidential powers and presidential influence on bureaucracy.

  • 5.3 Describe how Congress and the Supreme Court check presidential powers.

Presidential Power and the War on Terror

  • Post-9/11 response expanded President Bush's military authority.

  • Actions taken included:

    • Executive orders for military readiness.

    • Seizing assets related to suspected terrorism.

    • Creation of the Office of Homeland Security.

Key Example: The Capture of Yaser Hamdi

  • Yaser Hamdi, a U.S. citizen, accused of aiding the Taliban.

  • Controversy over rights of citizens accused of crimes.

    • Detained as "enemy combatant."

    • Constitutional rights questioned.

  • Continuation of aggressive counter-terrorism strategies under the Obama administration, including drone strikes.

Presidency Powers Overview

Selection and Qualifications

  • Selection: Indirectly through the Electoral College.

  • Term: 4 years, no limits until the 22nd Amendment.

  • Qualifications:

    • Natural-born citizen.

    • At least 35 years old.

    • Resident for 14 years before running.

Federalist No. 70

  • Advocates for a strong single executive to ensure stability and decisive action.

  • Critiques of a dual executive system which may lead to dysfunction.

Presidential Roles and Powers

  • Chief Executive:

    • Executes laws and oversees bureaucracy.

  • Chief Diplomat:

    • Guides U.S. foreign policy and makes treaties.

  • Chief Legislator:

    • State of the Union presentations to Congress; possesses veto power.

  • Commander in Chief:

    • Civilian leader of the military, with rapid response capability.

  • Pardons:

    • Authority to release convicted individuals from legal consequences.

Limitations on Presidential Power

  • Congressional Checks:

    • Requires approval to pass laws and fund programs.

    • Treaties require two-thirds Senate ratification.

  • Judicial Review:

  • Courts can overturn executive actions.

  • War Powers Resolution:

    • Limits military engagement without Congressional consent.

Public Interaction and Opinion

Presidency and Public Opinion

  • The public’s approval can influence presidential power.

  • Strategies include going public to mobilize support for policies.

Example Case: DACA

  • Obama's DACA program showcases executive action amid partisan tensions.

  • Rescinded by Trump, highlighted ongoing legal battles and public opinion dynamics.

The War on Terror and Presidential Power

  • Presidents respond to crises with expanded authority.

  • Supreme Court rulings (e.g., Hamdi v. Rumsfeld) limit executive power concerning citizen rights.

  • Considerations of civil liberties versus national security in policy decisions.

Future Considerations

  • Factors increasing presidential power may include ongoing threats and public expectations for decisive action.

  • Ongoing debate about the balance of power reflects foundational concerns about democracy and executive authority.