Reading Essentials and Study Guide

Transcription

1 Lesson 1 Sources of Presidential Power ESSENTIAL QUESTION What are the powers and roles of the president and how have they changed over time? Reading HELPDESK Academic Vocabulary contemporary happening, existing, living, or coming into being during the same period of time investigation an observation or study by close examination Content Vocabulary inherent powers powers not described in the Constitution, but that have been claimed by presidents executive privilege the right of the president and other high-ranking executive officers to refuse to testify before Congress or a court mandate an authorization to act given to a representative impeach to accuse a public official of misconduct in office TAKING NOTES: Key Ideas and Details CATEGORIZING Use the graphic organizer to list the presidential powers granted by the Constitution as well as other informal powers. Powers of the President Constitutional Powers Informal Powers 1

2 ESSENTIAL QUESTION What are the powers and roles of the president and how have they changed over time? Read about each of the actions below. Decide whether you believe the president should be able to take each action. Explain your reasons for each decision. a. A group of rebels in a foreign country overthrows its president and surrounds the American Embassy. The U.S. president declares war on the rebel government. b. The president has nominated a new federal judge, but the Senate has not yet approved the appointment. It seems unlikely that the Senate will vote to confirm the new judge. When the Senate goes on a holiday break, the president appoints the judge without the Senate s approval. c. The president meets with the leader of a foreign country. Together, the two leaders agree not to charge tariffs (taxes on imports) on each other s cars and trucks. d. Congress passes a law that bans possession of certain drugs. The president instructs the Drug Enforcement Agency to focus their enforcement efforts on suspects who appear to be selling large amounts of the illegal drugs, and not to worry much about people who are caught with small amounts. e. A staff member from the vice president s office is sentenced to prison time for tampering with an election. The president pardons the staffer, releasing her from prison. Constitutional Powers Guiding Question What powers does the Constitution grant to the executive branch and the president? The Constitution gives few details about the powers of the president. It says that the executive power of the nation will be vested in, or put in the control of, a president. Representatives to the Constitutional Convention 200 years ago debated the powers and the roles of the president. Today people still debate these matters. Need for a Strong Executive The Framers of the Constitution had fought a revolution against the king of Britain. They did not want the leader of the new executive branch to become a tyrant. However, they had two reasons for creating a strong executive. First, the Founders had seen the problems caused by the Articles of Confederation, which had failed to create a separate executive. With no executive, the national government had no one to carry out the acts of Congress. The government also had trouble dealing quickly with problems and enforcing laws. Second, many of the Founders did not trust the people to take a direct role in making decisions. They were worried that some groups might try to divide or share other people s money and property in a different way. The Founders wanted a strong executive branch that would protect liberty, private property, and businesses. A strong executive would keep the legislature under control. The Founders believed the legislative branch could be the most powerful of the three branches. They thought that checks on its power would be needed. In Article I of the Constitution, the Founders gave the president power to sign into law the bills passed by Congress or to veto, or reject, them. 2 Copyright McGraw-Hill Education

3 Powers Defined in the Constitution Article II of the Constitution says that the executive power is given to a president. It also names several key presidential powers. These powers include the power to execute laws, veto legislation, command the military, and deal with foreign leaders. The president can, with Senate approval, make treaties with foreign nations and appoint, or choose, federal judges and ambassadors. Reading Progress Check Explaining Why did the Founders create a strong executive? Growth of Presidential Power Guiding Question What are informal sources of presidential power? The duties of the nation s first president, George Washington, and the duties of a modern president are much the same. However, today s presidents have much greater power and more duties than the presidents who served earlier in our nation s history. Several factors have shaped the presidency into its modern form. Inherent Powers Throughout our history, presidents have defended increasing presidential power by talking about their inherent powers. Inherent powers are powers the president claims, or says he or she has, that are not clearly stated in the Constitution. Presidents claim that these powers are implied, or understood without saying, by some of the general words in the Constitution. They also claim that inherent powers come from the nature of the president s job. For example, in 1803 Thomas Jefferson decided to buy the Louisiana Territory from France. Nothing in the Constitution said that a president had the power to buy territory. Jefferson decided that this power was part of the president s job. The Senate agreed with Jefferson and approved the Louisiana Purchase treaty. Theodore Roosevelt had a broad view of presidential power. He said it was the president s right and duty to do anything that the nation needed unless it was forbidden by the Constitution or by law. He took actions beyond what earlier presidents had done. He broke up trusts, and he got involved in labor disputes. In a letter to a contemporary historian, or one living during the same period of time, Roosevelt said he did not care if people thought he used too much power. He believed a government that worked well depended on a strong executive. When a president uses an inherent power, Congress and the courts may either try to limit the power or accept it. President Harry Truman used an inherent power during the Korean War. He took over the nation s steel mills during a workers strike, so the workers would continue producing steel. In 1952 the Supreme Court ruled that Truman s action was unconstitutional. It said the power of a president to take over private property was not listed in Article II of the Constitution. 3

4 Immediate Needs of the Nation Presidents have often used their inherent powers during a war or other crisis. Abraham Lincoln did many things during the Civil War that people did not think were presidential powers. He stopped using the writ of habeas corpus, and he put people who opposed the Union in jail without a trial. He raised an army before getting Congress s approval. He illegally blocked southern ports. Lincoln claimed the inherent powers of the president allowed him to do what was needed to save the Union. President Franklin Roosevelt took office in 1933 during the economic crisis known as the Great Depression. He did more to control the economy than any president before him. He convinced Congress to create a large number of programs known as the New Deal to help the economy. The executive branch became larger to carry out those programs. Roosevelt increased the role of government in American life and created the modern presidency. President George W. Bush declared a war on terrorism after the September 11, 2001 terrorist attacks. He claimed greatly expanded powers to fight terrorism. Congress granted President Bush significant intelligence gathering powers through the Patriot Act. His administration collected intelligence on people both outside and within the United States. His administration also responded to the terrorist attacks with military force. Executive Privilege The power of executive privilege is not named in the Constitution, but presidents since George Washington have claimed it. Executive privilege is the right to keep from Congress or the courts information about what happens between the president and his advisers. The Supreme Court has ruled that, with certain limits, executive privilege is a part of the separation of powers. Popular Opinion All presidents like to claim that they have a mandate from the people to go forward with their ideas and policies. They say that they won the election and that means that the people agree with what they plan to do. A mandate can be a source of presidential power, but a president s popularity can change very quickly. Modern presidents use the mass media to reach people and get support for what they want to do even after they are elected. For example, President Ronald Reagan used the media with great skill. This caused some people to call him the Great Communicator. Public opinion can also limit a president. In 1968, after the public turned against President Lyndon Johnson for how he was handling the Vietnam War, he decided not to run for reelection. No president can carry out a political program without public support. For example, in 1993 President Bill Clinton proposed major changes to the nation s health care system. Many interest groups including insurance companies and doctors, opposed the president s plan. When public opinion turned against the plan, Congress decided not to act on it. However, public opinion changed during the Obama presidency, and Congress passed a new health care law. Checks and Balances on Presidential Powers The Founders put many safeguards in the Constitution to keep presidents from abusing, or using in the wrong way, their powers. The judicial and legislative branches limit the president s power. The Supreme Court can rule that a president s actions are unconstitutional. Congress can pass legislation even if a president vetoes it. The Senate must approve all treaties and the people a president appoints. Congress must also approve the budget. Copyright McGraw-Hill Education 4

5 The House and Senate can also impeach the president. Impeach means to formally accuse a public official of wrongdoing. The House of Representatives starts the impeachment process. Then the Senate investigates the possible wrongdoing and votes on whether or not to remove the president from office. Two presidents have been impeached in the nation s history. One impeachment happened in 1868, just after the end of the Civil War. The House impeached President Andrew Johnson over how to treat the southern states. The Senate acquitted him by one vote, so he stayed in office. In 1999 the House voted to impeach President Bill Clinton. There were claims that he had lied during an investigation about his relationship with someone who worked in the White House. The Senate acquitted him and he remained in office. In 1974 President Nixon was almost impeached. The House was preparing the impeachment, but Nixon resigned before the full House could vote. Reading Progress Check Explaining Why do presidential powers often expand during war or other times of emergency? Presidential Roles Guiding Question What are the main roles that modern presidents fulfill? Today, the president has seven main roles. They are: Head of State The president represents the United States at formal events. Chief Executive The president leads the executive branch of government, which carries out the laws that Congress passes. The president also appoints federal judges and the heads of executive departments and agencies. However, the Senate must approve the people who are appointed. Commander in Chief The president is responsible for the nation s security and is in charge of the military. Chief Diplomat The president meets with foreign leaders, appoints ambassadors, and makes treaties. The Senate must approve treaties. Legislative Leader The president delivers a State of the Union message to Congress every year. The president also proposes legislation, signs or vetoes laws passed by Congress, and can call Congress into special session when needed. Economic Planner The president appoints economic advisors, meets with business leaders, prepares an annual budget request, and sends economic reports to Congress. Party Leader The president leads his or her own political party. He or she rewards party supporters by giving them government jobs and helps to elect other party members by raising money and campaigning for them. 5

6 Reading Progress Check Applying What are the seven presidential roles? Provide an actual or hypothetical example of a president fulfilling each of these roles. Copyright McGraw-Hill Education 6