Commander in Chief - War powers
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1 Commander in Chief - War powers The Constitution makes the President the commander in chief of the nation s armed forces. Making Undeclared War Many Presidents have used the armed forces abroad without a declaration of war. Wartime Powers The President s powers as commander in chief are far greater during a war than they are in normal times. The War Powers Resolution The War Powers Resolution of 1973 limits the President s warmaking powers. Chapter 14, Section 3
2 Chief Executive -The Ordinance Power executive order - 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. Although not specifically mentioned in the Constitution, the ordinance power is clearly intended. The size of government has caused Congress to delegate more and more discretion to the President and presidential subordinates. Chapter 14, Section 2
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4 Chief Legislator - Legislative Powers Recommending Legislation The State of the Union Address is used to recommend necessary legislation. This power is often called the message power. The Veto Power All legislation passed by Congress is sent to the President for approval. If the President disapproves of a bill, he can veto it. That veto can only be overturned by a two-thirds vote of both houses of Congress. A Pocket-Veto occurs when the president fails to sign a bill within 10 days when Congress is adjourned. Signing Statements When a president signs legislation a statement is added to point out a Constitutional problem with the law or to detail how the president will carry out the law Chapter 14, Section 4
5 Chief of State - Judicial Powers The Constitution gives the President the power to...grant reprieves and pardons for offenses against the United States [only for federal offenses, except in cases of impeachment. Article II, Section 2, Clause 1 A reprieve is the postponement of the execution of a sentence. Commutation is the reduction of a sentence A pardon is legal forgiveness for a crime. Amnesty is a blanket pardon of a group. These powers of clemency (mercy or leniency) may be used only in cases of federal crimes and cannot be challenged in court Chapter 14, Section 4
6 Chief Administrator - The Appointment Power With Senate consent, the President names most of the top-ranking officers of the Federal Government, including: (1) ambassadors and other diplomats; (2) Cabinet members and their top aides; (3) the heads of such independent and EOP agencies as the CIA and NSA; (4) federal judges (5) all officers in the armed forces. Removal power - The view that the President may remove the officials he appoints without Senate consent has prevailed over time (except for federal judges.) Chapter 14, Section 2
7 Chief Diplomat - The Power to Make Treaties A treaty is a formal agreement between two or more sovereign nations. The President, usually through the secretary of state, negotiates these international agreements. All treaties must pass approval by a two thirds of the members present vote in the Senate. Chapter 14, Section 3
8 Chief Diplomat - Executive Agreements An executive agreement is a pact between the President and the head of a foreign state, or a subordinate. Unlike treaties, executive agreements do not require Senate consent. Chapter 14, Section 3
9 Chief Diplomat - The Power of Recognition The power of recognition is exercised when the President, acting for the United States, acknowledges the legal existence of another sovereign nation. The President may show American displeasure with the conduct of another country by asking for the recall of that nation s ambassador or other diplomatic representatives in this country. The President can have a foreign diplomat expelled from the U.S. The official is declared to be persona non grata, or an unwelcome person. Chapter 14, Section 3
10 Executive Privilege The right of the president of the United States to withhold information from Congress or the courts. Examples: Dwight Eisenhower, Richard Nixon, Bill Clinton, George W. Bush Question: How might the use of Executive Privilege undermine the intent of Checks and Balances? The Supreme Court has ruled that it may be claimed in matters of national security
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