Chapter 14 & Chapter 16

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1 Chapter 14 & Chapter 16 United States Government Section 1: The Growth of Presidential Power Introduction The Presidency is often called the most powerful office in the world. Thomas Jefferson wrote in the Declaration of Independence a Tyrant is unfit to be the ruler of a free people. Therefore, they constructed a limited Presidency.

2 Article II Article II, the Constitution s Executive Article, begins this way: The executive Power shall be vested in a President of the United States. The President is given power to command the armed forces, to make treaties, to approve or veto acts of Congress, to send and receive diplomatic representatives, to grant pardons and reprieves, and to take Care that the Laws be Faithfully executed. Article II is very loosely constructed and the battle over a strong presidency has reigned since its inception. Considered the executive magistracy as nothing more than an institution for carrying the will of the legislature into effect, that the person or persons [occupying the presidency] ought to be appointed by and accountable to the legislature only, which has the depository of the supreme will of Society. --Notes of Debates in the Federal Convention of 1787, James Madison Why Presidential Power Has Grown Over time, the champions of a stronger presidency have almost always prevailed. One major reason they have is the unity of the presidency--the President is the single, commanding head of the executive branch; the office and its powers are held by one person while Congress consists of two houses. The Presidents themselves have strengthened presidential power. The nation s increasingly complex social and economic life also has influenced the growth of presidential power. The frequent need for extraordinary and decisive action in times of national emergency has strengthened presidential power. Why Presidential Power Has Grown Congress has strengthened presidential power, as it has passed thousands of laws that have been an essential part of the historic growth of the Federal Government. Every President since Franklin Roosevelt has purposely used the mass media--forms of communication, including printed publications, radio, television, and, most recently, the Internet--to increase his power by communicating with the American citizenry.

3 The Presidential View Theodore Roosevelt believed in a strong presidency and clle his view the stewardship theory. : My view was that every executive officer... in high position, was a steward of the people bound actively and affirmatively to do all that he could for the people... I declined to adopt the view that what was imperatively necessary for the Nation could not be done by the President unless he could find some specific authorization to do it. My belief was that it was not only [a President s] right but his duty to do anything that the needs of the Nation demanded unless such action was forbidden by the Constitution or by the laws.... I did not usurp power, but I did greatly broaden the use of executive power. In other words, I acted for the public welfare... unless prevented by direct constitutional or legislative prohibition. --Theodore Roosevelt, Theodore Roosevelt: An Autobiography, 1913 The Presidential View The opposing view to Roosevelt s stewardship theory came from his successor, William Howard Taft: My judgment is that the view of Mr. Roosevelt, ascribing an undefined residuum of power to the President, is an unsafe doctrine.... The true view of the Executive function is, as I conceive it, that the President can exercise no power which cannot be fairly and reasonably traced to some specific grant of power or justly implied and included within such express grant.... Such specific grant must be either in the Federal Constitution or in an act of Congress passed in pursuance thereof. This is no undefined residuum of power which he can exercise because it seems to him to be in the public interest. --William Howard Taft, Our Chief Magistrate and His Powers, 1916 The Presidential View The imperial presidency, a term that paints a picture of the president as an emperor, taking strong actions without consulting Congress or seeking its approval, and sometimes acting in secrecy to evade or even deceive Congress, has been condemned by critics of a strong presidency in recent decades.

4 Daily Grade Which view of the presidency do you think is most correct? Roosevelt s or Taft s? Write a paragraph explaining why you think this view is the best view for the President to take. Section 2: The President s Executive Powers Introduction The execution of laws is more important than making them. --Thomas Jefferson

5 Executing the Law The President executes the provisions of federal law given to him by two brief constitutional provisions: The oath of office is sworn by the President on the day he takes office: I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States --Article II, Section 1, Clause 8 The other provision is the Constitution s command that he shall take care that the laws be faithfully executed. The Constitution requires the President to execute all federal laws no matter what the chief executive s own views of any of them may be. The Ordinance Power The President has the power to issue executive orders--a directive, rule, or regulation that has the effect of law. The power to issue these orders, the ordinance power, arises from two sources: the Constitution and acts of Congress. The Constitution implies that the President has the ordinance power by issuing orders and implementing them. The Appointment Power The Constitution provides that the President by and with the Advice and Consent of the Senate... shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for... but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. --Article II, Section 2, Clause 2

6 The Appointment Power Acting alone, the President names only a handful of the 2.7 million federal civilian employees. With Senate consent, the President names most of the top-ranking officers of the Federal Government. Among them are: Ambassadors and other diplomats; Cabinet members and their top aides; The heads of such independent agencies as the Environmental Protection Agency (EPA) and the National Aeronautics and Space Administration (NASA); All federal judges, U.S. marshals, and attorneys; All officers in the armed forces The unwritten rule of senatorial courtesy plays an important role in the process The rule holds that the Senate will only approve those federal appointees acceptable to the senator or senators of the President s party from the State involved. The Removal Power The Constitution is silent, except for impeachment, on whom has the authority to dismiss an appointed official. The Historical Debate Debated since the inception of the Constitution in The First Congress gave the President the power to remove any officer he appointed, except federal judges. The Tenure of Office Act was passed in 1867 to limit President Johnson s removal power. Johnson fired Secretary of War Edwin M. Stanton anyway Johnson was impeached but acquitted by the Senate. The law was repealed in The Removal Power Removal and the Court Myers v. United States, 1926 In 1876, Congress had passed a law requiring Senate consent before the President could dismiss any first-class, second-class, or third-class postmaster. In 1920, without consulting the Senate, President Woodrow Wilson removed Frank Myers as the postmaster at Portland, Oregon. Myers sued based on the 1876 law. The Court found the law unconstitutional. The Court held that the power of removal was an essential part of the executive power, clearly necessary to the faithful execution of the laws

7 Removal Power Removal and the Court Limits on the Removal Power Humphrey s Executor v. United States, 1935 William Humphrey was fired by President Franklin Roosevelt from his post on the Federal Trade Commission (FTC). Humphrey soon died, and his family sued. The Supreme Court upheld the Humphrey s claim and based its decision on the act creating the FTC. The Court further held that Congress does have the power to set the conditions under which a member of the FTC and other such agencies might be removed by the President because these agencies, the independent regulatory commissions, are not purely executive agencies. Section 3: Diplomatic and Military Powers Introduction John F. Kennedy once described the pressures of the presidency in these words: When I ran for the presidency... I knew the country faced serious challenges, but I could not realize--nor could any man who does not bear the burdens of this office--how heavy and constant would be those burdens. --President John F. Kennedy, radio and TV broadcast on the Berlin Crisis, July 25, 1961.

8 The Power to Make Treaties A treaty is a formal agreement between two or more sovereign states. The President, through the secretary of state, negotiates these international treaties, and they must be approved by two-thirds of the Members present in the Senate. (Senate does not ratify, just advises and consents) Treaties have the same legal standing as acts passed by Congress. Executive Agreements An executive agreement is a pact between the President and the head of a foreign state, or between their subordinates. Do not require Senate consent. The Power of Recognition When the President receives the diplomatic representatives of another sovereign state, the President exercises the power of recognition--the President acknowledges the legal existence of that country and its government. Recognition does not mean that one government approves of the character and conduct of another. Recognition can be used as a weapon if foreign relations President Theodore Roosevelt quickly recognized Panama in 1903 guaranteeing their success in a revolt against Columbia. President Truman recognized Israel in 1948, which helped it survive in the midst of their Arab neighbors If the President wants to show displeasure with another country, he may ask for that country s ambassador to be recalled; the recalled person is declared to be persona non grata, or unwelcome person.

9 Commander in Chief The Constitution makes the President the commander in chief of the nation s armed forces. The President s powers as commander in chief are almost without limit. Making Undeclared War Many argue that the President does not have the constitutional authority to send troops into battle without the approval of Congress; however, most Presidents have done so. Two conflicts in the 20th Century, Korea ( ) and Vietnam ( ) were undeclared wars. Commander in Chief Congressional Resolutions Congress has not declared war since World War II. Eight times, Congress has enacted joint resolutions to authorize the President to meet certain international crises with military force: Eisenhower--block the designs the People s Republic of China had on Taiwan Eisenhower--use of force to check Soviet efforts to gain a foothold in the Middle East Kennedy--use of armed forces to deal with the extraordinary dangers posed by installation of Soviet missiles in Cuba Kennedy--to sanction any necessary military response to the erection of the Berlin Wall Johnson-- take all necessary steps, including the use of armed force to defeat communist aggression in Southeast Asia (Vietnam) H.W. Bush--military campaign to drive Iraq out of Kuwait (1st Gulf War) W. Bush--military force against those responsible for the September 11 attacks W. Bush--whatever measures were necessary and appropriate to eliminate the treat posed by Saddam Hussein and his Iraqi dictatorship Commander in Chief Other Uses of Military Power Several times the President has used the military without any approval or consent from Congress: The Korean War is the most notable illustration of this. The lightning-quick invasion of Grenada (Reagan) in 1983 to frustrate a military coup in that Caribbean island nation. The invasion of Panama (H.W. Bush) in 1989 to oust the dictatorship of Manuel Noriega and protect American interests there--namely the Panama Canal. The dispatch of American forces to the Balkans (Clinton) to Bosnia in 1995 and Kosovo in 1999 as part of NATO s response to a vicious civil war and the horrific ethnic cleansing campaign conducted by the forces of Servian President Slobodan Milosevic.

10 Commander in Chief The War Powers Resolution Passed in 1973 in response to the ongoing conflict in Vietnam The act is designed to place close limits on the President s war-making powers. President Nixon vetoed the measure, calling it both unconstitutional and dangerous to the best interest of our nation. Congress overrode the veto. The resolution s central provisions require that: Within 48 hours after committing American forces to combat abroad, the President must report to Congress, detailing the circumstances and the scope of his actions. Combat commitment must end within 60 days, unless Congress agrees to a longer period. May be extended for up to 30 days, however, to allow for the safe withdrawal of the American forces involved. Congress may end the combat commitment at any time, by passing a concurrent resolution to that effect. Daily Grade Page 404: The Monroe Doctrine Section 4: Legislative and Judicial Powers

11 Legislative Powers Recommending Legislation The Constitution says that the President shall from time to time give to Congress information on the State of the Union, and recommend to their consideration such Measures as he shall judge necessary and expedient Article II, Section 3 This is called the message power. Three major messages are sent to Congress from the President each year: The State of the Union--speech delivered to a joint session of Congress. The President s budget message The President s annual Economic Report Legislative Powers The Veto Power The Constitution says that Every Bill and Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President. Four options President has when presented with a bill from Congress: Sign the bill, making it law. Veto the bill and return it to Congress; Congress may override the veto with a two-thirds vote in each of its houses. President may allow the bill to become law by not acting on it, signing nor vetoing it, within 10 days (not counting Sundays). Pocket Veto--if Congress adjourns within 10 days of sending a bill to the President and he does not act on it, the bill dies. Because of the difficulty in overriding a veto, the mere threat of a veto is often enough to defeat a bill or to prompt changes in its provisions before reaching the President. Legislative Powers Line Item Veto The President s veto power is limited to vetoing the entire measure. Most Presidents have favored the adoption of the line-item veto--the power to cancel specific parts of a bill and accept the rest. Line Item Veto Act Passed in 1996 Gave the President the power to reject individual items in spending bills, and to eliminate any provision of a tax bill that benefited fewer than 100 people Clinton v. New York City, 1998 Court declared the act unconstitutional in a 6-3 vote Court said for such a power to exist, it must come in the form of a constitutional amendment.

12 Legislative Powers Other Legislative Powers Article II, Section 3 gives the President the right to call Congress into special session. The President may also prorogue (adjourn) Congress whenever the two houses cannot agree on a date for their adjournment. Judicial Powers The Constitution gives the President the power to... Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. --Article II, Section 2, Clause 1 A reprieve is the postponement of the execution of a sentence. A pardon is legal forgiveness of a crime. Clemency is mercy or leniency; the President s clemency powers only extend to federal crimes. Most pardons are granted after the person has been convicted. In 1974, President Gerald Ford gave a full, free and absolute pardon unto Richard Nixon for all offenses against the United States which he... has committed or may have committed or taken part in during the period from January 20, 1969, through August 9, Pardons must be accepted to be effective. Commutation is the power to commute (reduce) the length of a sentance or a fine imposed by a court. Amnesty is a blanket pardon offered to a group of violators. Korematsu v. United States (1944) Read page 409 The Court upheld the military order in light of the circumstances presented by World War II. Pressing public necessity may sometimes justify the existence of restrictions which curtail the civil rights of a single racial group. The Court noted, however, that racial antagonism itself could never from a legitimate basis for the restrictions.

13 Section 5: Financing Government: Taxes Introduction Benjamin Franklin: in this world nothing is certain but death and taxes. The Power to Tax Congress has the power To lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general welfare of the United States Article I, Section 8, Clause 1 Constitutional Limitations to Taxation Taxes must be used for public purposes only No Tax or Duty shall be laid on Articles exported from any State --Article I, Section 9, Clause 5 Direct Taxes must be equally apportioned: No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census of Enumeration herein before directed to be taken --Article I, Section 9, Clause 4 EXCEPTION--16th Amendment allows for an income tax: The Congress shall have the power to lay and collect taxes on income, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. Must be uniform throughout the United States--Article I, Section 8, Clause 1

The Power to Tax The Implied Limitation The Federal Government cannot tax the States or any of their local governments in the exercise of their governmental functions--federalism The power to tax

14 The Power to Tax The Implied Limitation The Federal Government cannot tax the States or any of their local governments in the exercise of their governmental functions--federalism The power to tax involves the power to destroy --McCulloch v. Maryland, 1819 Current Federal Taxes The Income Tax 16th Amendment, 1913 Progressive Tax--The higher one s income, the higher the tax Levied on the earnings of individuals and corporations The Individual Income Tax Provides the Largest amount of federal revenue Taxable Income--one s total income minus exemptions and deductions. Tax Return--a declaration of income and the exemptions and deductions someone files each year--due ON APRIL 15 of each year

Current Federal Taxes The Corporation Income Tax Paid on a corporation s net income Nonprofits such as churches and charitable foundations are exempt Current Federal Taxes Special Insurance Taxes

15 Current Federal Taxes The Corporation Income Tax Paid on a corporation s net income Nonprofits such as churches and charitable foundations are exempt Current Federal Taxes Special Insurance Taxes Payroll Taxes--taxes withheld from paychecks These taxes are regressive taxes--taxes levied at a flat rate, without regard to the level of a taxpayer s income. The Old-Age Survivors, and Disability Insurance Program (OASDI) Basic Social Security program, established by the Social Security Act of % of total OASDI wages Medicare--health insurance for the elderly (1965) 1.45% of Net Income (Employer Matches) Self-Employed--2.9% Unemployment compensation program--benefits paid to jobless workers (1935) Approximately 0.8% of taxable wages Current Federal Taxes A married couple that has a taxable income (after deductions and exemptions) of $100,000 Federal Income Tax--$22,000 OASDI--$6,200 Medicare--$1,450 Unemployment--$800 TOTAL FEDERAL TAX BILL--$30,450

Current Federal Taxes Excise Tax A tax laid on the manufacture, sale, or consumption of goods and/or the performance of services Gasoline, oil, tires, tobacco, wine, liquor, beer, firearms, telephone

16 Current Federal Taxes Excise Tax A tax laid on the manufacture, sale, or consumption of goods and/or the performance of services Gasoline, oil, tires, tobacco, wine, liquor, beer, firearms, telephone services, airline tickets Hidden Taxes --collected from producers who then figure them into the price that the retail customer finally buys Luxury taxes --imposed on goods not usually considered necessities Sin taxes --particularly those laid on tobacco, beer, wine, liquor, and gambling. Estate and Gift Taxes Estate Tax--levy imposed on the assets (the estate) of one who dies (1916) First $11.18 million exempt--40% top rate A person inheriting a $15 million estate could pay up to $1.528 million in taxes Gift Tax--imposed on the making of a gift by a living person (1932) First $14,000 exempt--rates dependent on amount of gift Current Federal Taxes Custom Duties A tax laid on goods brought into the United States from abroad Also known as Tariffs--controlled by Congress Taxing for Nonrevenue Purposes Some taxes are imposed to regulate or discourage some activity that Congress thinks is harmful or dangerous to the public (not specifically to raise revenue for the government) Example--regulation of narcotics The government also regulates a number of other things by licensing, including, for example, certain firearms, prospecting on public lands, and the hunting of migratory birds.

17 Veazie Bank v. Fenno (1869) Court upheld a tax imposed by Congress on private bank notes Having thus, in the excise of undisputed constitutional powers, undertaken to provide a currency for the whole country, it cannot be questioned that Congress may, constitutionally, secure the benefit of it to the people by appropriate legislation --Opinion of the Court Nonrevenue Taxes Match Industry % tax on all matches made with white or yellow phosphorus (damaging to health) Drove phosphorus matches off the market Professional Gamblers $50 a year license on professional bookies Overturned by Marchetti v. United States, 1968

CHAPTER 14 The Presidency in Action

CHAPTER 14 The Presidency in Action SECTION 1 - The Growth of Presidential Power SECTION 2 - The President s Executive Powers SECTION 3 - Diplomatic and Military Powers SECTION 4 - Legislative and Judicial