The Presidency in Action

1
The Presidency in Action

• Chapter 14
• Section 2

2
Objectives

• Describe the executive, ordinance, appointing,
  and removal powers of the President
• Write three categories of federal law and explain
  how the effects are seen throughout society
• Analyze and explain how the Presidents executive
  powers have changed throughout history due to a
  lack of clarity in the Constitution.

3
The Presidents Executive Powers

• Thomas Jefferson 1789 The execution of the laws
  is more important than the making of them
• What do you think?
• Remember the first lesson
• Just dont get caught.

4
The Presidents Executive Powers

• The President enforces, administers, and carries
  out the Federal law
• Oath of Office
• 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
• Constitution Article II

5
Examples of Federal Laws
Armed Forces Social Security Civil Rights
Housing Taxes Environmental Pollution
Collective Bargaining Farm Price Supports Public Health
Immigration National Drug Control Education
6
Group Work

• Choose a partner
• I will assign you a category from the chart
• Keep it real Think of a real life example of
  how the category you are given applies to society
• We will share and create a class list to help you
  remember the laws

7
The Presidents Executive Powers

• Interpretation of Federal law is fairly open
• The President may decide how laws will be applied
  in practicestrength of enforcement
• Congressional laws are broad
• Examples?

8
The Ordinance Power

• Ordinance Power- The power to issue executive
  orders given by the Constitution and acts of
  Congress
• Executive branch of government Bureaus,
  Agencies, Departments, Offices, Commissions,
  Councils, etc.
• Executive Order- A directive, rule, or regulation
  that has the effect of a law

9
Example of an Executive Order

• The Little Rock Nine (1957)
• President Eisenhower used an executive order to
  federalize the Arkansas National Guard and carry
  out desegregation of schools.

10
The Appointing Power

• The President may name the top-ranking officers
  of the Federal Government with Senate consent
• Why is the appointing power crucial?

11
Who are top ranking officials?

• Ambassadors
• Cabinet members
• Heads of important agencies
• Federal judges, attorneys, and marshals
• Officers in the armed forces

12
The Appointing Power

• Senatorial Courtesy- Senate will approve only
  those federal appointees acceptable to the
  senator or senators of the Presidents party from
  the State involved.
• What is the effect of this?
• Civil Service Examination- A competitive
  examination that determines over half of all the
  federal civilian work force

13
The Removal Power

• No Constitutional guidelines
• Debate Senate consent?
• The result?

14
The Removal Power

• President Andrew Johnson (1867)
• Fight over Reconstruction
• Congress passed the Tenure of Office Act to
  prevent Johnson from removing top officers in his
  administration
• President Johnson vetoed the law
• Result Johnsons impeachment
• Repealed in 1887

15
Removal and the Supreme Court

• Myers vs. The United States- The President should
  have the power of removal
• Humphreys Executor vs. The United States-
  Removal must be based on inefficiency, neglect of
  duty, or malfeasance in office

16
Removal Power

• General Rule- The President may remove those whom
  the President appoints
• More simply If I hire you, I can fire you.

17
Conclusion
18
The Presidency in Action

• Chapter 14
• Section 3

19
Objectives

• Complete a concept map that depicts the
  Presidents diplomatic and military powers
• Analyze the scope and exercise of the Presidents
  diplomatic and military powers
• Explain how the Presidents diplomatic and
  military powers can be used both positively and
  negatively

20
The Presidents Diplomaticand Military Powers

• When I ran for the presidency I knew the
  country faced serious challenges, but I could not
  realize- nor could any man who does not bear the
  burdens of this office- how heavy and constant
  would be those burdens.
• -John F. Kennedy

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Diplomatic Powers

• Power to make treaties
• Power to make executive agreements
• Power of recognition

22
Power to make treaties

• Treaty- A formal agreement between two or more
  sovereign states
• President uses Secretary of State to negotiate
  treaties
• Senate must approve by 2/3 votes
• Supreme law of the land

23
Power to make treaties

• Why only the Senate and not the whole Congress?
• What effect does the 2/3 approval ratio have on
  foreign policy?
• Joint resolutions can act as loopholes to bypass
  the 2/3 vote of Senate. (Annexation of Texas and
  Hawaii)

24
Power to make executive agreements

• Executive agreements- Pacts between the President
  and the heads of foreign states, or their
  subordinates
• Do not require Senate consent
• Usually flow out of legislation or treaties
  already passed by Congress

25
Executive Order VS. Executive
Agreement
26
Power of Recognition

• Recognition- The President receives diplomats
  from other sovereign states
• Why is this so important?

27
Diplomatic Recognition

• By receiving a diplomat, the President is saying
  that the US acknowledges the legal existence of
  that country and its government
• That country is accepted as equal in the family
  of nations

28
Diplomatic Recognition
"I declare rm. 21 G-ville and I am Queen G"
National Anthem Nuthin but a G Thang
Language Ganese
Flag of G-ville
What prevents me from creating my own nation?
Would President Bush or any other leader accept
you as my diplomats?
29
Historical Examplesof Diplomatic Recognitionas
a Tool

• Peoples Republic of China- The U.S. doesnt
  approve of their conduct, but relations are
  necessary
• Panama- Recognition of Panama by Roosevelt showed
  our displeasure with Colombia
• Israel- U.S recognizes Israel but not Palestine
  as a nation

30
Diplomatic Recognition

• Persona non grata- An unwelcome person
• When the President is displeased with the conduct
  of a country or their ambassador/diplomat, they
  may recall them by declaring them persona non
  grata
• The U.S. may also remove their own diplomats from
  another country as a message to that country
  (Often before a war) - Cuba

31
The President in Military Affairs

• Commander in Chief of the armed forces
• Military powers are almost unlimited
• Usually delegates powers to subordinates, but can
  be in the field (Washington, Lincoln)

32
Making Undeclared War

• Over 200 occasions in which the President has
  sent forces into combat without the Congresss
  declaration of war
• Largest undeclared wars were in Korea and
  Vietnam
• Panama (Noriega)- Bush Senior
• Gulf War- Bush Senior
• Haiti- Clinton

33
Wartime Powers

• President gains additional powers during a time
  of war
• Why is this important?
• Examples?
• Ration Food/Gasoline
• Wage/ Price Controls
• Seize Private Industries
• Operate Private Industries

34
Wartime Powers

• President may use armed forces to keep peace at
  home
• President can call any States militia into
  Federal Service

35
War Powers Resolution

• The President should be able to respond rapidly
  and effectively in response to threats
• Why?
• Should the President be able to involve the
  nation in undeclared wars? Vietnam?

36
War Powers Resolution

• 1973- Resolution passed to limit the Presidents
  war-making powers
• President must report to Congress within 48 hours
  of committing American forces
• Combat must end in 60 days if Congress doesnt
  extend it
• Congress may end combat at any time by passing a
  concurrent resolution

37
War Powers Resolution

• Constitutionality of the Resolution remains in
  debate. A situation has not yet presented itself
  in which the Resolution must be used
• What do you think?

38
Conclusion

• Beyond his domestic duties, the President must
  exercise a variety of diplomatic and military
  powers. The President is the nations chief
  diplomat and its commander in chief, and he/she
  has enormous power in these fields.

39
Objectives

• Complete a concept map depicting the Presidents
  legislative and judicial powers
• Analyze the scope and exercise of the Presidents
  legislative and judicial powers
• Explain how the Presidents legislative and
  judicial powers can be used both positively and
  negatively

40
The Presidency in Action

• Chapter 14
• Section 4

41
Legislative Roles
42
Power to Recommend Legislation

• State of the Union
• Proposed budget and annual Economic Report
• Special messages on certain subjects that will
  protect the welfare of the nation

43
Veto Power

• Constitution
• Any bill, resolution, or order that requires the
  agreement of the Senate and House must be
  presented to the President
• President has 4 options

44
Veto Power
45
Veto Power

• Veto power allows the President to act as a check
  on Congress
• Presidential vetoes are rarely overridden
• Bills are vetoed all or nothing
• Item veto Many people have pushed for this
  throughout history
• Good or bad idea?

46
Other Legislative Powers

• President can call special sessions of Congress
• President can adjourn Congress when the Senate
  and House cannot agree on a date (Never has
  happened)

47
Judicial Powers

• President can grant reprieves and pardons
• Only in Federal cases
• Right granted by the Constitution

48
Judicial Powers

• Reprieve- Postponement of the execution of a
  sentence
• Sometimes granted for inmates on death row
• Pardon- Legal forgiveness of a crime
• Granted to Nixon by Ford during the Watergate
  scandal

49
Pardoning Power

• If accepted by the charged party before a trial,
  it is viewed as an admission of guilt
• Commutation- Power to reduce the length of a
  sentence or the amount of a fine
• Amnesty- A general pardon offered to a group of
  law violators
• Vietnam draft dodgers and Mormons

50
Quick Writing Activity

• Should the President have the right to grant
  reprieves or pardons?
• How can this power be used positively/negatively?

51
Conclusion

• The President has legislative and judicial powers
  that allow him/her to influence legislation and
  to affect the punishment of those who have
  violated federal laws

52
The Executive Office of the President and the
Cabinet

• Chapter 14
• Section 5

53
Objectives

• Examine why the Executive Office is described as
  umbrella-like
• Identify some of the key components of the
  Executive Office
• Analyze the ways in which the cabinet and its
  current role have evolved
• Determine the way in which cabinet members are
  selected

54
Interesting Jefferson Facts

• Jefferson performed his
• presidential duties with the
• help of two aides
• He had a messenger
• and a secretary
• He paid their salaries out
• of his own pocket

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The Executive Office

• Every member of the executive branch of the
  Federal government is legally subordinate to the
  President
• The Executive Office is described as the
  Presidents chief right arm
• Umbrella Agency- A complex of several separate
  agencies staffed by the Presidents most trusted
  advisors and assistants

56
The Executive Office of the President
57
The White House Office

• Presidents key political and personal staff
• West Wing- Oval Office, Cabinet
• Old Executive Office Building
• Chief of Staff directs all operations

58
The White House Office

• Top officials aid president in foreign policy,
  defense, the economy, national health care,
  political affairs, congressional relations, media
  and the public
• Staff of the White House Office includes over 400
  members

59
The National Security Council

• Advises President on domestic, foreign, and
  military matters that bear on the nations
  security
• President, Vice President, Secretaries of
  State/Defense, Director of CIA, Chairman of Joint
  Chiefs of Staff

60
The National Security Council

• Foreign and military policy experts
• Presidents national security advisor oversees
  these experts
• Its job is to advise the President on all matters
  affecting the nations security
• Iran-Contra scandal of mid-1980s was a point in
  history when the NSC failed to disclose
  information to the President

61
The Office of Management and Budget

• OMB headed by director appointed by President and
  confirmed by Senate
• Prepares federal budget that President submits to
  Congress in January/February
• Federal Budget- Detailed estimate of
  income/expenditures of the government
• Each federal agency presents intended
  expenditures for year to OMB, but they are
  usually denied

62
The OMB

• Monitors Congressional spending
• Keeps President up-to-date on work of all
  agencies
• Monitors agency legislative stances to make sure
  they are the same as the Presidents
• Prepares executive orders

63
The Office of National Drug Control Policy

• Established 1989
• Director appointed by President known as Drug
  Czar
• Prepares annual national drug control strategy
• Coordinates efforts of other agencies in war on
  drugs

64
The Council of Economic Advisors

• Three leading economists
• Information and advice on the state of the
  nations economy
• Prepares Presidents annual Economic Report to
  Congress
• Delivered late January/February

65
Other Executive Office Units

• Council on Environmental Quality- Environmental
  policy and state of the environment report
• Office of Policy Development- Domestic policy
• Office of US Trade Representative- Foreign trade
  negotiations
• Office of Science and Technology Policy