+

Conflicts of Power

The President versus Congress and the Courts

+Conflict #1: The Veto

Over 1,400 bills have been vetoed in our history

Most have been done using the pocket veto Why? Because Congress tries to push a lot of stuff through

in the last few days of a session.

Over 200 bills have been overridden, including the famous War Powers Act of 1973. What does it take to override a veto?

+Conflict #2: War Powers and Dealing With Other Nations

What is the traditional conflict over treaties? The president makes treaties, BUT Congress (the Senate)

must approve with a 2/3 majority.

What is the traditional conflict over the military? The president can COMMIT TROOPS to an area, BUT Congress has the power to DECLARE WAR and……

to pass laws limiting what troops can do (legislative power)

to fund (or not fund) the troops (power of the purse) to confirm presidential appointments (like Secretary of

Defense) to impeach the president to investigate issues

+The War Powers Act (1973)

The president can still commit military troops, but only under certain circumstances: Congress must declare war Or if Congress says there is a national emergency

Once troops are sent…. The president must give notice to Congress within

48 hours The president is required to keep Congress informed The action must stop after 60 days if Congress

disapproves

If the President doesn’t follow these rules…. Congress can withdraw funding to force him or her to bring

the troops home

+The War Powers Act: Pros and Cons

Opponents of this act say….. The President knows more about foreign policy than Congress. He is

the….. Chief diplomat Commander in chief

Proponents of this act say….. The President must have his or her

powers limited or checks and balances won’t be very balanced.

The President would be too powerful.

+Conflict #3: Presidential Appointments

Who does the president nominate? Cabinet Members Federal Judges Heads of Agencies

(like the FBI, CIA, NASA, FCC)

However, the Senate must approve of these nominees. Simple majority is all that is needed. Senatorial Courtesy is used for judicial

appointments. This means that if Obama names

federal judges for the state of Wisconsin, he would consult with Johnson and Kohl about those nominees.

+How Does a President Get His Nominees Approved?

Generate Public Support (use the media and the bully pulpit)

Compromise with the opposing party

Build coalitions within Congress

Make deals (logrolling) or threats (“I’ll veto that bill if you don’t approve my guy!)

Look for “bulletproof” candidates

Get support from interest groups

+Making it Easier

to Deal With Congress

What sorts of things do you think make it easier for the president to deal with Congress? Being a former member Popularity and charisma Using support staff familiar with Congress Trading support with Congress members (like logrolling)

+Conflicts with the Judiciary

Pardon Forgives the crime and legal

culpability

Reprieve Postponing a sentence

Amnesty Allows exiled criminals or those who

left for fear of being punished to come back with no consequences.

+Has the President

Become Too Powerful?

Historian Arthur Schlesinger coined the following phrase: Imperial Presidency Beginning with FDR the president began

gaining too much power in comparison with the other two branches.

He believed that this jeopardizes the checks and balances outlined in the Constitution.