CHAPTER 9, SECTION 3“Presidents and Power”

Is the power of the President unlimited?

Powers given to the President

EXECUTIVE ORDERS◦Rules that executive branch employees

must obey

EXECUTIVE AGREEMENTS◦Agreements with other countries that

DO NOT require Senate approval

EXECUTIVE PRIVILEGE◦Right to keep some information

secret from Congress

“Executive Privilege”

The right of the President to keep certain things “secret” from Congress.Based upon the idea of Separation of Powers that the President has the authority to act without having to tell Congress absolutely everything.Is this privilege abused by some Presidents?Lets look at examples of presidential power.

I want to tell you about 3 instances of Presidents using their power.

What was one of the most famous events of Jefferson’s presidency?The Louisiana Purchase in 1803.

France was looking to sell for $15 million.

It would double the size of the U.S.

Problem: Jefferson did not believe he had the power to do it.

Jefferson & Louisiana Purchase

Jefferson went to his Constitutional expert; James Madison was his Secretary of State.

Madison advised the President to go ahead and negotiate the deal with France as a treaty and then have the Senate ratify the treaty.

It was successful.

Pres. Truman and the Steel MillsYear is 1952.What is going on in 1952?The Korean WarThere is a contract dispute between the steel companies and the workers.Neither side will compromise.A strike is called.

What is the problem with having a steel strike during a war?

Workers would not work.Owners would not compromisePres. Truman issued an “executive order” and ordered his Secretary of Commerce to seize and take control of the steel mills.Steel owners and workers both said it was illegal and unconstitutional.Truman claimed authority as Commander in Chief of the military.

Does the President have the power to seize private property?

The U. S. Supreme Court said: “No.”

Why not? What amendment applies?

In the case of Youngstown Sheet & Tube the Supreme Court said the President did not have the authority to seize private property even in a national emergency.

Of course by the time the case made its way to the Supreme Court the war was over.

Is the President above the law?Year: 1974

Issue: The Watergate Tapes.

CREEP was responsible for the break-in. (Committee for Re-election of the President)

Joint Senate House investigation revealed that there were secret tape recordings..

The Watergate Tapes: Can everything be deemed to be

“executive privilege?”

President “wired” the White House.

Supreme Court, in the case of U.S. v. Nixon, ruled President must turn over tapes to U. S. Senate.

President claimed “executive privilege.”

Supreme Court said: “No. Not in a criminal investigation.”

http://www.history.com/topics/us-presidents/richard-m-nixon/videos/watergate-ends-nixon-presidency

We are a government of laws and not of men.” John Adams 1776

In instances where Presidents have tried to violate the law, the courts have consistently ruled the President is not above the law.

Questions on Chapter 9?

Test on Chapter 9 tomorrow.Format same as in the past.

Matching, multiple choice & true/false.35 questions and no bonus.Use your study guide to prepare.