CHAPTER 14:
THE PRESIDENCY IN ACTION
Section 1: The Growth of Presidential
Power
Section 2: The President’s Executive
Powers
Section 3: Diplomatic and Military
Powers
Section 4: Legislative and Judicial Powers
SECTION 1: THE GROWTH OF
PRESIDENTIAL POWER
❏ Article II of the Constitution - Executive
Article
❏ Has been an ongoing battle.
❏ started in 1787
❏ some wanted a weaker president under
control of Congress
❏ others wanted an co-equal chief executive
THE GROWTH OF PRESIDENTIAL POWER
❏ The growth of power
❏ Constitution powers have not changed
❏ Largely because the duties are held by one
person
❏ Social and Economic life
❏ government taken a large role in
transportation,, communication, health,
welfare, employment, education, civil rights,
and etc…
THE GROWTH OF PRESIDENTIAL POWER
❏ The growth of power
❏ Constitution powers have not changed
❏ Largely because the duties are held by one
person
❏ Social and Economic life
❏ government taken a large role in
transportation,, communication, health,
welfare, employment, education, civil rights,
and etc…
❏ Immediate action has also had an impact
THE GROWTH OF PRESIDENTIAL POWER
❏ President has overstepped bounds
❏ Labor dispute 1952
❏ Truman ordered seizure of steel mills
❏ 2 cases involving enemy combatants
❏ deals with suspected terrorists being held
❏ Presidential View
❏ Presidents have had 2 views
❏ Strong Presidents - Stewardship
❏ Strongest Presidents - Doctrine
THE GROWTH OF PRESIDENTIAL POWER
❏ Imperial Presidency - portrays the President
as an emperor.
❏ Used most recently to reference Nixon
SECTION 2: THE PRESIDENT’S
EXECUTIVE POWERS
❏ Executing the Law
❏ The duty of executing the law has to
provisions
❏ Oath of Office - sworn by the President
on the day he takes office.
❏ Constitution - “he shall take care that the
laws be faithfully executed.”
❏ Covers all federal laws
❏ Military/Social Security/Gun Control/
THE PRESIDENT’S EXECUTIVE POWERS
❏ Congress establishes the laws in basic policy
❏ Executive Branch can determine day to day or fine
print of the law
❏ Different departments under the Executive Branch
handle different laws to determine day to day work
❏ The Ordinance Power - the power to issue
executive orders
❏ Although handled by different departments they all
answer or work directly for the President
❏ Executive Order - is a directive, rule, or
regulation that has the effect of law.
THE PRESIDENT’S EXECUTIVE POWERS
❏ This is an intended power of the Constitution
❏ As problems have grown Congress grants for
discretion to the President
❏ The Appointment Power
❏ Is given by the Constitution so that the President
may appoint with Senate approval ambassadors,
consuls, judges, etc…
❏ Removal Power
❏ Except for the impeachment process it is not
mentioned in the Constitution.
SECTION 3: DIPLOMATIC AND MILITARY
AFFAIRS
❏ The Power to make Treaties
❏ Treaty - a formal agreement between two or
more sovereign states.
❏ President usually negotiates treaties through the
Secretary of State
❏ Senate must give approval
❏ Have the same legal standing as do acts passed
by Congress
DIPLOMATIC AND MILITARY AFFAIRS
❏ Executive Agreement - is a pact between the
President and the head of a foreign state.
❏ Most come out of legislation already passed
❏ President can make agreements without approval
❏ The Power of Recognition
❏ Recognition - the President, acting for the
United States, acknowledges the legal
existence of that country and its government
❏ President accepts a country as an equal
❏ Does not mean that approval of character or
conduct of country
DIPLOMATIC AND MILITARY AFFAIRS
❏ Recognition is often used as a weapon in foreign
relations
❏ Roosevelt recognized Panama as an equal
❏ the recognition helped achieve success in revolt
❏ Truman recognized Israel in 1948 after creation
❏ helped it survive against its Arab neighbors
❏ President may recall a nation’s ambassador
❏ shows displeasure
❏ Persona Non Grata - this is the term for the official
recall of diplomatic persons on foreign soil.
DIPLOMATIC AND MILITARY AFFAIRS
❏ Commander in Chief
❏ Is created by the Constitution
❏ Powers are almost without limit
❏ Most delegate power to military subordinates
❏ Washington commanded troops and led against
Whiskey Rebellion in 1794
❏ Congressional Resolutions
❏ done to meet international crisis
❏ Many uses of military power
❏ Quick strikes to diffuse situations
❏ War Powers Resolutions
❏ Designed to keep President’s powers reigned in
SECTION 4: LEGISLATIVE AND JUDICIAL
POWERS
❏ Legislative Powers
❏ Has a direct influence on Congress
❏ Gives Congress measures for consideration
❏ State of the Union - message power
❏ All bills or measures must go to the President.
❏ Veto
❏ Pocket-Veto
❏ Line-Item Veto - urging for the President to be
given power to cancel specific dollar amounts
in spending bills enacted by Congress.
LEGISLATIVE AND JUDICIAL POWERS
❏ Judicial Powers
❏ Reprieve - the postponement of the execution
of a sentence.
❏ Pardon - legal forgiveness of a crime.
❏ Commutation - power to reduce a sentence
❏ Amnesty - blanket pardon offered to a
group of offenders.
❏ these are absolute
❏ one exception - impeachment
❏ Clemency - granting of mercy or leniency
❏ May only be used in federal offenses.