Presidency (Unit IV)

● What are the Constitutional Powers of the President?

● What are the informal roles of the President?● Why do scholars argue that the informal

responsibilities are more important?● How has the power of the Presidency grown

over the years? ● www.potus.com

Unit IV: Institutions of Government: Congress, Presidency, Bureaucracy, Courts

(35-45%)

Power of President vs. Congress

The next 15 slides address this: Great resource on WPA:

http://loufreyinstitute.org/civicsconnection/conversations/4/16

PRESIDENT vs. CONGRESS

The Struggle for Political Power

THREE CONSTITUTIONAL REQUIREMENTS

● NATURAL BORN CITIZEN● LIVED IN CONTINUOUSLY IN

UNITEDSTATES FOR 14 YEARS● 35 YEARS OLD

CONSTITUTIONAL RESPONSIBILITIES

● COMMANDER-IN-CHIEF● HEAD EXECUTIVE BRANCH● NEGOTIATE TREATIES● STATE OF THE UNION ADDRESSES● MAKE APPOINTMENTS

INFORMAL ROLES OF PRESIDENT -

MORE IMPORTANT

CHIEF LAWMAKERPARTY LEADER

CRISIS MANAGERRECRUITER

MORALE BUILDERCHIEF DIPLOMAT

Current Events and the War Powers Resolution

http://www.nytimes.com/2011/05/13/world/africa/13powers.html?_r=1

War Powers Act?

●http://www.nytimes.com/2011/05/13/world/africa/13powers.html?_r=2

●http://www.washingtonpost.com/opinions/death-of-the-war-powers-act/2011/05/17/AF3Jh35G_story.html?hpid=z5

http://thehill.com/homenews/administration/162323-lawmakers-quiet-on-war-powers-authority-in-libya-

WHAT DID THE FRAMERS ENVISION ROLE OF

PRESIDENCY TO BE?

Federalist #70

Alexander Hamilton

ARTHUR SCHLESINGER WROTE “THE IMPERIAL

PRESIDENCY”

POWER OF PRESIDENCY HAS GROWN IN MODERN TIMES -

“PRESIDENT CAN RULE BY DECREE”

POWER OF PRESIDENCY

HAS DOMINATED CONGRESS IN FOUR

MAIN AREAS:

ONE: WAR POWERS● President =

Commander in Chief

● Congress declares war

● President Johnson persuades Congress to enact Gulf of Tonkin Resolution

WAR POWERS ACT

● ENACTED DURING NIXON’S ADMINISTRATION ● TROOPS ABROAD REQUIRE CONGRESSIONAL

APPROVAL (BTW 60 - 90 DAYS)

● CONGRESS REASSERTING ITS AUTHORITY● NIXON VETOED BILL● CONGRESS OVERRIDES THE VETO

TWO: LEGISLATIVE POWERS

● CHIEF LAWMAKER● VETO POWER● FEWER THAN 3% OVERRIDDEN● PRESIDENTAL SIGNING STATEMENTS –

● EXECUTIVE ORDERS(Korematsu v. US)

BUDGET MAKING

● PRESIDENT IS CENTRAL TO BUDGET MAKING PROCESS

● CONSTITUTION SAYS CONGRESS HAS POWER OF PURSE

● PRESIDENT IMPOUNDS FUNDS● CONGRESS FIGHTS BACK FOR

POWER

BUDGET IMPOUNDMENT CONTROL ACT (1974)

● CREATED THE CONGRESSIONAL BUDGET OFFICE (CBO)

● GAVE CONGRESS THEIR OWN ECONOMIC ADVISORS

● MADE THE IMPOUNDMENT OF FUNDS MORE DIFFICULT

THREE: APPOINTEES

● CONFIRMING A CABINET USUALLY VERY EASY

● MANY WHITE HOUSE STAFF OFFICIALS (NATIONAL SECURITYADVISOR) DO NOT REQUIRE SENATE CONFIRMATION

● POLICY CZARS (OBAMA)

FOUR: FOREIGN AFFAIRS

● WITH GROWING NATIONAL SECURITY PRESIDENTS GAINED POWER OF EXECUTIVE PRIVILEDGE

● ALLOWS THEM TO WITHHOLD INFORMATION IN COURT INQUIRIES IF INFORMATION WOULD ENDANGER NATIONAL SECURITY

● US v. Nixon

TREATY MAKING

● CONSTITUTION REQUIRES SENATE RATIFICATION OF ALL TREATIES

● PRESIDENTS CAN MAKE “EXECUTIVE AGREEMENTS” THAT HAVE THEEFFECT OF A TREATY (NO SENATE RATIFICATION REQUIRED)

CONCLUSION:

● POWER OF PRESIDENCY HAS GROWN OVER CONGRESS

● PRESIDENT CAN WAGE WAR● PRESIDENT CAN LEGISLATE● PRESIDENT CAN APPOINT● PRESIDENT CAN DOMINATE

FOREIGN AFFAIRS● ALL WITH LITTLE INTERFERENCE

FROM CONGRESS!