The Presidency in Action SECTION 1 THE GROWTH OF PRESIDENTIAL POWER CHAPTER 14 The Constitution s Executive Article, Article II, gives the President some specific powers (see chart below), but it gives few details about them. Debate about the extent of these powers began with the Framers and has continued since. Over time, the presidency has become very powerful for several reasons. First, the President stands as the executive branch s single strong leader, while Congress has two houses and over 500 members. Second, as American life has grown more complex, the people have looked to the President for leadership on such issues as the economy and health care. Third, in national emergencies, the President, as commander in chief, has needed to take decisive action. Fourth, Congress has passed many laws that expand the Federal Government s activities. Not having time itself, Congress has had to ask the executive branch to decide how to carry out these THE BIG IDEA laws. Also, the President can use The Constitution the mass media television, established the radio, printed publications, and office of President, the Internet to capture public but debate about attention. the extent of the Some past Presidents have office s powers has taken a broad view of their powers, while others have said the continued throughout the nation s President should have limited history. power. Critics of strong presidential power have used the term the imperial presidency to compare the President to an emperor who takes strong actions without Congress s or the people s approval. GRAPHIC SUMMARY: The Growth of Presidential Power The President stands as the single strong leader of the executive branch. Americans have looked to the President for leadership on complex issues. Congress has granted the executive branch the authority to carry out many of its laws and has thus strengthened the presidency. As commander in chief, the President has been asked to take decisive action in times of national emergency. Though debated, the extent of presidential power has greatly expanded due to certain factors. The President has used the mass media to capture public attention. Expanded Presidential Power 1. What, if anything, do you think is wrong with the concept of the imperial presidency? 2. Diagram Skills How have the American people encouraged the growth of presidential power? Prentice-Hall, Inc. Guide to the Essentials CHAPTER 14 77
SECTION 2 THE PRESIDENT S EXECUTIVE POWERS The President is the head of the executive branch and must carry out the provisions of federal law. The power to do so comes partly from the Constitution and partly from the oath of office the solemn promise that each President takes at his inauguration to preserve, protect, and defend the Constitution. The THE BIG IDEA President s executive power offers him many chances to The President has decide how laws are carried out. great power to give The President possesses the orders, to decide ordinance power, the power how laws are carried out, and to to issue executive orders. An executive order is a directive, appoint federal rule, or regulation that has the officials. effect of law. The Constitution does not expressly give the President this power, but the President must be able to issue orders to implement his constitutional powers. Congress backs up this implied power by regularly authorizing the President to use it. In order to have loyal subordinates, the President can choose the top officials of the executive branch, including heads of executive agencies, diplomats, Cabinet members, federal judges, and military officers. The Senate must approve these appointments with a majority vote. For State officials, the custom of senatorial courtesy holds that the Senate will approve only those appointments accepted by the State s senator from the President s party. The President alone has the power to fire executive officials. However, the President may not remove federal judges and generally can only remove people whom he has appointed. GRAPHIC SUMMARY: Major Executive Powers of the Presidency Enforce the law The President Has Power To... Administer the law Issue executive orders Appoint and remove executive officials One of the President s key powers is the ability to appoint and remove top executive officials. 1. What is an executive order? 2. Diagram Skills How may the President affect the jobs of top executive officials? 78 CHAPTER 14 Guide to the Essentials Prentice-Hall, Inc.
SECTION 3 DIPLOMATIC AND MILITARY POWERS The President is in charge of foreign affairs for the United States. He can make a treaty, or formal agreement with another nation, which must be approved by a two-thirds vote of the Senate. However, the President may avoid needing senatorial approval by making an executive agreement, or pact with another nation s leader. The President also has the power of recognition, which is to acknowledge and by implication support the legal existence of another country and its government. Nations generally recognize each other by exchanging diplomatic representatives. One nation may show its strong disapproval of another by calling back its ambassador and sending the other s ambassador home. The official recalled is said to be persona non grata, or an unwelcome person. The power to declare war belongs to Congress. However, as commander in chief, the President can still make war. More than 200 times, a President has sent U.S. forces into combat without a congressional declaration of war. After the undeclared Vietnam War, Congress passed the War Powers Resolution of 1973, designed to limit the President s war-making powers. It says that combat must stop after 60 days without the authorization of Congress. THE BIG IDEA While the President shares various diplomatic and military powers with Congress, in some areas his power is almost unlimited. GRAPHIC SUMMARY: The Major Diplomatic and Military Powers of the President May make treaties with other nations, with senatorial approval May extend and withdraw recognition of other countries Major Diplomatic and Military Powers of the President May make executive agreements with the heads of other nations May send U.S. troops into combat without congressional authorization for 60 days The President s diplomatic and military powers give him much power to interact with other nations. 1. What does it mean when the President recognizes another country? 2. Diagram Skills How long may American troops stay in combat without Congress s authorization? Prentice-Hall, Inc. Guide to the Essentials CHAPTER 14 79
SECTION 4 LEGISLATIVE AND JUDICIAL POWERS By his legislative powers, the President may tell Congress what laws the nation needs. The President proposes some laws in an annual State of the Union address and others in an annual budget THE BIG IDEA plan and economic report. Once Congress passes a bill, As part of the the President has ten days to act system of checks on it. The President can sign the and balances, the bill to make it law, allow it to Constitution gives become law without a signature, the President veto it, or use the pocket veto to important legislative and judicial let it die by not signing it before Congress adjourns. Also, from powers. 1996 to 1998 the President had the power to use a line-item veto on spending and tax bills. This allowed the President to approve most of a bill while vetoing certain parts, called line items. The Constitution also grants the President certain judicial powers. It authorizes him to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. A reprieve is the postponement of the execution of a sentence. A pardon is legal forgiveness for a crime. The pardoning power includes the powers of commutation and amnesty. Commutation is the power to reduce the length of a sentence or the amount of a fine imposed by a court. Amnesty is a general pardon offered to a group of law violators. These powers of clemency, that is, leniency or mercy, may only be used in cases involving federal offenses. GRAPHIC SUMMARY: The President s Major Legislative and Judicial Powers Legislative Powers May recommend legislation May veto legislation with a regular veto or with a pocket veto May allow a bill to become a law either with or without a signature Judicial Powers May grant a reprieve on a sentence May grant a pardon for a crime May commute the length of a sentence or the amount of a fine May grant amnesty to a group of law violators The President s legislative and judicial powers are part of the system of checks and balances. 1. What is clemency? 2. Chart Skills How may the President veto legislation today? 80 CHAPTER 14 Guide to the Essentials Prentice-Hall, Inc.