PRESIDENTIAL POWERS

Article II defines•The powers of the president•The manner of election•Who can run for president•Succession•The oath of office•Grounds for impeachment

PRESIDENTIAL POWERSThe Presidential Oath:

“I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”Article II, Section 1, Clause 8

PRESIDENTIAL POWERS

Executive Powers:•“Execute” the law.•Laws passed by Congress are often vague, or broad. •The Executive Branch determines the details.

PRESIDENTIAL POWERS• Ordinance Power:

• The President is the Chief Administrator of the Government (2.7 M employees)•Executive Order: a directive, rule, or regulation that has the power of law

Example: Obama lifted restrictions on embryonic stem cell research.Or, Oct. 20, 2007 Executive Order: Protection of Striped Bass and Red Drum Fish Populations

PRESIDENTIAL POWERS• Appointment Power/Removal power?

• The President, with Senate confirmation, appoints the following:1. Ambassadors and Diplomats.2. Cabinet Members / Aides.3. Heads of Federal Agencies (NASA, EPA,

etc.)4. Federal Judges, U.S. Marshals, Federal

Attorneys.5. All officers in the military.

PRESIDENTIAL POWERS• Diplomatic / Military Powers:

• Make treaties with Senate approval.• Make executive agreements (virtually the same as a treaty, but no Senate approval necessary).

• Example: Destroyers for Bases 1940.• Commander in Chief

**we will discuss war powers

PRESIDENTIAL POWERS

• Legal Powers:• Sign bills into law• Veto / pocket veto bills

• Judicial Powers:• Issue pardons, reprieves, clemency

“ . . . Grants Reprieves and Pardons for Offenses against the United States, except in cases of Impeachment.”Article II, Section 2, Clause 1

PRESIDENTIAL POWERS

• Can the President refuse to act?

PRESIDENTIAL POWERS

• Can the President refuse to act?

•" John Marshall has made his decision, now let him enforce it!"

-Andrew Jackson, on the Cherokee Removal

PRESIDENTIAL POWERS

• Can the President reinterpret a law?

PRESIDENTIAL POWERS

• Can the President reinterpret a law?•“The Executive Branch shall construe [the torture ban] in a manner consistent with the constitutional authority of the President to supervise the unitary Executive Branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power.”

President George W. Bush, signing statement, December 2005

PRESIDENTIAL POWERS

What are the formal limits on presidential power?•Checks by Congress?

PRESIDENTIAL POWERS

What are the formal limits on presidential power?•Checks by Congress?

•Override vetoes•Impeachment•War power•Power of the purse

PRESIDENTIAL POWERS

What are the formal limits on presidential power?•Checks by the Judiciary?

PRESIDENTIAL POWERS

What are the formal limits on presidential power?•Checks by the Judiciary?

•Judicial review•Impeachment trial

PRESIDENTIAL POWERS

What are the formal limits on presidential power?•Checks by Amendment?

PRESIDENTIAL POWERS

What are the formal limits on presidential power?•Checks by Amendment?

•Election rules•Succession•Term limits

PRESIDENTIAL POWERS

What are the formal limits on presidential power?•Other formal checks

•Election•Senate approval of appointments•Senate approval of treaties•Required communication with Congress