Presidential Powers

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The Power of the American Presidency

• Powers of the President
• Duties of the President

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Demographic Characteristics of U.S. Presidents

• 69 politicians
• 62 lawyers
• gt50 from the top 3 wealth and social class
• 0.5 born into poverty
• 69 elected from large states

• 100 male
• 100 Caucasian
• 97 Protestant
• 82 of British ancestry
• 77 college educated

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Constitutional Qualifications

• Must be at least 35 years old
• Must have lived in the United States for 14 years
• Must be a natural born citizen

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Presidential Benefits

• 400,000 tax-free salary
• 50,000/year expense account
• 100,000/year travel expenses
• The White House
• Secret Service protection
• Camp David country estate
• Air Force One personal airplane
• Staff of 400-500

Christmas at the White House, 2004
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Presidential VacancyWhen the President dies,
resigns, is removed from office by impeachment,
or is unable to carry out the duties of the
office, the Vice President becomes President
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Presidential Succession
Presidential succession is the plan by which a
presidential vacancy is filled. 1) Vice
President 2) Speaker of the House 3) President
of the Senate Pro Tempore
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Formal Powers of the President

• Constitutional or expressed powers of the
  presidency
• Found primarily in Article II of the Constitution
  (the Executive Article)

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Formal Powers Commander-in-Chief

• Commander in Chief of the Army Navy
• Making undeclared war
• Limited by War Powers Act 1973
• President can commit troops for 90 days

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Commander-in-Chief
The Constitution makes the President the
commander in chief, giving him or her complete
control of the nations armed forces.
President Johnson decorates a soldier in
Vietnam, October, 1966
President Bush aboard U.S.S. Lincoln, May, 2003
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Formal Powers Chief Executive

• Faithfully execute the laws
• Grant pardons for federal offenses except for
  cases of impeachment
• Nominate judges of the Supreme Court and all
  other officers of the U.S. with consent of the
  Senate
• Fill vacancies that may happen during recess of
  the Senate (recess appointments)

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Formal Powers Foreign Affairs

• Appoint ambassadors, ministers and consuls
• Make treaties subject to Senate confirmation
• Receive ambassadors
• Diplomatic Recognition acknowledging the legal
  existence of a country/state

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Formal Powers Chief Legislator

• Give State of the Union address to Congress
• Recommend measures to the Congress
• Upon extraordinary occasions convene both
  houses of Congress

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Formal Powers Chief Legislator (cont.)

• Presidential Veto
• Veto Message within 10 days of passing the House
  of origin
• Pocket Veto - President does not sign within 10
  days
• Congress can override with 2/3 majority from both
  Houses
• Veto Politics
• Congressional override is difficult (only 4)
• Threat of veto can cause Congress to make changes
  in legislation

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Informal Powers

• Those powers not explicitly written in the
  Constitution
• Similar to necessary and proper powers of
  Congress
• In the modern era (since 1933), the Presidents
  informal powers may be significantly more
  powerful than his formal powers

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Executive Orders

• Orders issued by the President that carry the
  force of law
• Clintons Dont ask dont tell gays in the
  military policy
• FDRs internment of Japanese Americans
• GWB trying suspected terrorists in military
  tribunals
• Obama - gun control

Notice for Japanese relocation, 1942
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Executive Agreements

• International agreements, usually related to
  trade, made by a president that has the force of
  a treaty does NOT need Senate approval
• Jeffersons purchase of Louisiana in 1803

• GWB announced cuts in the nuclear arsenal, but
  not in a treaty usually trade agreements between
  
• US and other nations

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Executive Privilege

• Claim by a president that he has the right to
  decide that the national interest will be better
  served if certain information is withheld from
  the public, including the Courts and Congress

• United States v. Nixon (1973) presidents do NOT
  have unqualified executive privilege (Nixon
  Watergate tapes)