LEGISLATIVE AND JUDICIAL POWERS:

Transcription

1 LEGISLATIVE AND JUDICIAL POWERS:

2 Chapter 14:4 Objectives: o We will examine the scope of the President s legislative and judicial powers. o We will determine the ways in which the President exercises legislative and judicial powers.

3 Deu_33:21 And he provided the first part for himself, because there, in a portion of the lawgiver, was he seated; and he came with the heads of the people, he executed the justice of the LORD, and his judgments with Israel.

4 CHAPTER 14:4 Legislative Powers o Within his legislative powers, and the skillful playing of his roles as chief of party and chief citizen, the President can, and often does have a considerable influence on the actions of Congress.

5 CHAPTER 14:4 Legislative Powers o The President has the power to recommend legislation and shall from time to time, give to the Congress information of the state of the Union, and recommend to their consideration much measures as he shall judge necessary and expedient.

6 CHAPTER 14:4 Legislative Powers o Chief Executive regularly gives the President what is often called the message power. o The Chief Executive regularly sends three major messages to Capitol Hill each year.

7 CHAPTER 14:4 Legislative Powers o First, is the State of the Union message, a speech he almost always delivers in person to a joint session of Congress. o That speech is followed by the President s budget message o And then the annual Economic Report.

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9 THE VETO POWER: o 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.

10 Four Options: o (1) He may sign the bill and so make it law. o (2) Or he can veto it, and the measure must then be returned to Congress. o And recall, Congress can override a presidential veto by a two-thirds vote in each of its two chambers, but it very seldom does.

11 Four Options: o (3) The President may allow the bill to become law by not acting on it, neither signing nor vetoing it, within 10 days (not counting Sundays) rarely happens.

12 Four Options: o (4) The Pocket Veto: can be used only at the end of a congressional session. o If Congress adjourns within 10 days of sending a bill to the President and the chief executive does not act on it, the measure dies.

13 Four Options: o The fact that Congress is seldom able to muster the two-thirds majorities needed to overturn a presidential veto makes the veto a significant weapon in the Chief Executive s dealings with the legislative branch.

14 Four Options: o The weight the power has in the executive-legislative relationship is underscored by this important point: o The mere threat of a veto is often enough to defeat a bill or to prompt changes in its provisions as it moves through the complicated legislative process.

15 Four Options: o Also under the provision where the President is allowed to have a special session of Congress, the same Constitutional provisions also gives the President the power to prorogue (adjourn) Congress whenever the two houses cannot agree on a date for their adjournment-something that has never happened.

16 JUDICIAL POWERS: o As reprieves is the postponement of the execution of a sentence. o A pardon is legal forgiveness of a crime. o The President s power to grant reprieves and pardons is absolute except in cases of impeachment, where they may never be granted.

17 JUDICIAL POWERS: o These powers of clemency of mercy, leniency may be used only in cases involving federal offenses, however. o The president, has no such authority with regard to those who violate state law.

18 JUDICIAL POWERS: o Pardons in advance of a trial or charge are rare. o The most noteworthy is Ford s pardon of Nixon. o To be effective, a pardon must be accepted by the person to whom it is granted. o When one is granted before charge or conviction, as in Mr. Nixon s case, its acceptance is regularly seen as an admission of guilt by the person to whom it is given.

19 JUDICIAL POWERS: o The pardoning power includes the power to grant conditional pardon if conditions are reasonable. o It also includes the power of commutation that is, the power to commute (reduce) the length of a sentence or a fine imposed by a court. o The pardoning power also includes the power of amnesty in effect, a general pardon offered to a group of law violators.

20 Isa_55:7 Let the wicked forsake his way, and the unrighteous man his thoughts: and let him return unto the LORD, and he will have mercy upon him; and to our God, for he will abundantly pardon.

21 Discussion Questions: Who do you think would deserve a pardon from the president? If you were president who would you pardon? List 4.