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Powers of the Presidency
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Executive Powers
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Executing the Law – EXPRESSED POWER
• Must carry out the provisions of ALL federal law no matter personal opinion
• The power to do so comes partly from the Constitution & party from the OATH OF OFFICE
• Solemn promise that each President takes at his inauguration to “preserve, protect, and defend the Constitution”
• The Executive Power gives him many chances to decide how laws are carried out – many laws that Congress writes are written in broad terms
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Ordinance Power- IMPLIED POWER
• Power to issue Executive Orders• A directive, rule or regulation that has the
effect of a law
• Constitution does not expressly give the President this power, but he 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
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Appointment Power- EXPRESSED POWER
• President picks top officials for Executive Branch
• Needs to have loyal subordinates• Heads of executive agencies• Diplomats & Ambassadors • Cabinet members• Federal judges• Military officers
• Senate must approve these appointments with a majority vote
• “Senatorial Courtesy”- for State officials, Senate will only approve those appointments accepted by the State’s senator from the President’s Party
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The Removal Power- IMPLIED POWER
• Only President has the power to fire executive officials
• President may NOT remove federal judges
• Generally- he can only remove people he has appointed
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Diplomatic & Military Powers
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Power to make Treaties
• President is in charge of foreign affairs of U.S.
• President can make a TREATY ( formal agreement with another nation) • BUT- Senate must approve by 2/3 vote • Treaties have same legal standing as Acts passed in
Congress
• President can also make an EXECUTIVE AGREEMENT (a pact with another nation’s leader)• does NOT need Senate’s approval
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Power of Recognition
• President has power to • acknowledge- and by implication-
support- the legal existence of another country & it’s gov’t
• Nations typically recognize each other by exchanging diplomatic representatives
• Nations can show DISAPPROVAL of another nation by calling back its ambassador & sending the other nation’s ambassador home• The official that is recalled is known as “persona
non grata” or an unwelcome person
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Power to make war
• Congress has the power to• DECLARE war but the • President- as CiC- can MAKE war
• >200 times a President has sent U.S. forces into combat WITHOUT a congressional declaration of war
• After Vietnam Congress passed the WAR POWERS RESOLUTION OF 1973• designed to limit the President’s war
making powers• Combat must be stopped after 60 days
without the authorization of Congress
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Legislative & Judicial Powers
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Legislative Powers
• President may tell Congress what laws the nation needs
• President proposes some laws in the State of the Union address & in the annual budget plan & economic report
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After Congress Passes a bill…
• President has 10 days to act on it- Options… • Sign the bill & make it a law • Allow it to become a law w/o a signature• Veto it• Pocket veto (ignores ~law, adjourn
~no law)• Line-item Veto from 1996-1998
• President had the power to veto certain parts- only on SPENDING & TAX BILLS- and approve most of the bill
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Judicial Powers
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Reprieve & Pardon
• Constitution authorizes President to grant “reprieves & pardons for offenses against the United States, except in cases of impeachment”
• Reprieve: postponement of • the execution of a sentence
• Pardon: legal forgiveness • for a crime
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Commutation & Amnesty
• The Pardoning Power also includes the powers of commutation & amnesty
• Commutation: power to reduce the length of a sentence or the amount of a fine imposed by a court
• Amnesty: general pardon offered to a group of law violators
• These powers of clemency- leniency or mercy- may only be used in cases involving federal offenses