PRESIDENTIAL POWERS2010 – Law and Gov - Cummings

What does the president do?

The President’s “job” is actually a collection of different responsibilities.

They can be divided into 4 main areas of power Executive Diplomatic Legislative Judicial

Executive Powers

The President’s Executive powers are divided into three main areas:

Executing or enforcing the law

The creation of executive orders

The hiring and firing of officials

Executing the law

The President’s job is to “execute the law” meaning that quite literally he must enforce it.

While legally what he enforces is not up to him, how far he prosecutes or enforces the law is.

This can lead effectively changing the law

For example: http://politics.usnews.com/news/national/articles/2009/02/27/under-obama-drug-war-tactics-poised-to-shift.html

Executive Orders

The President may also write “Executive Orders” which clarify existing law

This can effectively change certain laws and are a way for a President to create and enforce new laws

Famous cases of this include: The Emancipation

Proclamation Desegregation of the

Armed Forces Internment of Japanese

Citizens during WWII

There are some stranger Executive orders as well, like: E.O. 5658 – How to

write executive orders (font, grammar, etc)

E.O. 1884 – Making it illegal to carry a torch at night in Panama

http://www.mentalfloss.com/blogs/archives/21442

Appointments and Firings

The President has the right to hire and fire high ranking staff members such as Ambassadors, Judges, and other important staff members

Some of these members, such as Supreme Court Justices, still require approval from the Senate

Diplomatic Powers

In his or her role as head of state, the President also takes a large part in Foreign affairs by being responsible for things such as treaties, executive agreements, recognizing nations, and powers during war

Treaties vs. Executive Agreements

TREATY EXECUTIVE AGREEMENTS

A treaty is an agreement between two nations that is often quite large in scope

It often involves defense agreements and large policy decisions

Because of this any treaty a President creates must also be approved by the Legislative Branch

A treaty can be enacted by a 2/3 vote of the Senate or a Joint resolution of the entire Congress

Executive Agreements on the other hand are often smaller and often tied to treaties.

Because of this, they are not usually bound by Congress and usually agreed upon ahead of time

This ultimately makes them easier to pass than Treaties

Diplomatic Recognition

Recognizing a nation is often a way to politically influence the world. This creates embassies, ambassadors, and often affects entire regions

On the other hand, not recognizing a nation or declaring a leader or ambassador “persona non grata” can often show displeasure in a nation.

The President has the power to do both of these, much like deciding “who sits at the cool table” at lunch.

Commander in Chief

Technically, the President is also the head of all US military forces.

Most often this is left to generals, but in some cases a President can take a strong lead in the military

Some did: Washington Lincoln

Some didn’t even though they were great generals: Eisenhower Grant

Undeclared War

A President can often send a country to war, even though technically he needs Congressional Approval.

In order to prevent abuse of this ability, Congress must be briefed in 48 hours of engagement

In addition Congress can end engagement at any point in time and must vote on any military spending bill (which can effectively end a war).

Legislative Powers

The President is also the final authority on many laws, approving or vetoing laws as well as recommending new legislation.

Recommending Legislation

While the president cannot specifically introduce bills, he can specify what policies he wants to pursue in law.

This often takes form in “policy initiatives” or campaign goals. ex. Healthcare Stimulus

These ideas are not technically the President’s entirely, but they are often considered that way.

VETO!

Perhaps more importantly, a President signs bills into law or vetoes them; shooting them down.

A veto can be overruled with a 2/3rds majority of Congress.

There are 4 ways this can happen Vetoing the bill Signing the bill into law Not signing the bill,

effectively letting it pass

A “pocket veto”, not signing the bill into law and letting it die because there are less than 10 days left in Congressional Session

Taking the Law into your own hands…

Lastly, the President has the Judicial authority to pardon, commute, or reprieve any crime committed by a US citizen

This is often an unpopular part of the President’s powers, because of this, the President often does it at the end of his term (although not always).

(Pardoning the turkey on Thanksgiving)

Scenarios

You are the President of the United States of America During your time,

some strange things have happened.

Can you use your powers to get what you want?

What obstacles will you encounter?

The Bill Mitchell Jobs Bill

“President” Bill Mitchell has died, and you have taken over the Presidency

Despite telling “Dave” that you liked the jobs bill, in truth you hate it.

What can you do to stop it?

“President Mitchell” died in office, making him very popular, what might you have to worry about if you stop it?

Get off my plane!

As President, you have seen the country of Kazakhstan become more and more radical.

It has a full nuclear arsenal and you cannot risk war.

What can you do diplomatically to undermine the nation of Kazakhstan?

Independence Day

You have just successfully defeated a fleet of alien spacecraft. Unfortunately, the conflict continues.

One problem… Congress got blown up by the aliens so it can’t declare war.

What do you need to do to continue the war?

Recovering from an extinction level event

You are President Morgan Freeman

The United States has been hit by a meteor and much of the Eastern Seaboard is dead.

The Supreme Court, many embassies, and other influential posts are without people in them.

What can you do?

Brawndo! It has electrolytes!

You are President Camacho!

The plants won’t grow. The Brawndo Corp. is

forcing a bill through Congress which would make it illegal to use water (and not Brawndo sports drinks) to water plants

What can you do to stop this? How can you get Congress to consider a new idea?

I was elected to lead! Not to read!

As President Schwarzenegger, you want to get your friend Sylvester Stallone out of prison (he was arrested for illegally importing steroids)

What can you do? If you can do this, what

might be the negatives? How can you lower your exposure to unpopularity?

Abe Lincoln – Vampire Hunter

As President Lincoln, you need to fix the vampire problem rampant in this country (especially since Twilight came out).

There are very old laws on the books about killing vampires dating back to the days of witch trials, but no one ever enforced them.

Also, due to the popularity of vampires amongst members of Congress, there is no way any new laws will be passed to help you.

What can you do to stop the problem?