chapter 14: the presidency in action section 1. copyright © pearson education, inc.slide 2 chapter...

Chapter 14: The Presidency in Action

Section 1

Chapter 14: The Presidency in Action

Section 1

Copyright © Pearson Education, Inc. Slide 2Chapter 14, Section 1

ObjectivesObjectives

1. Explain why Article II of the Constitution can be described as “an outline” of the presidential office.

2. List several reasons for the growth of presidential power.

3. Explain how the Presidents’ own views have affected the power of the office.


Key TermsKey Terms

• Executive Article: the name given to Article II of the U.S. Constitution, which establishes the office of the President

• imperial presidency: a critical view of the presidency that argues that Presidents have become too powerful, isolated from Congress, and unaccountable for their actions


IntroductionIntroduction

• What factors have contributed to the growth of presidential power?– The presidency is a unified office with a

focused purpose.– Congress has granted more authority to the

executive branch. – The President can act decisively in times of

crisis, increasing his or her influence.– The support staff of the President has grown

over time.


Article IIArticle II

• Article II of the Constitution gives the President power to:– Command the armed

forces– Make treaties– Approve or veto acts of

Congress– Send or receive

diplomats– “Take care that the Laws

be faithfully executed.”• The presidency has been

called the “most powerful office in the world.”


Views of the PresidencyViews of the Presidency

• Checkpoint: What two views of the presidency were debated by the Framers?– These executive powers are broadly defined

and open to interpretation.• At the Constitutional Convention, some delegates

argued for a weaker chief executive appointed by Congress.

• They were defeated by delegates supporting a strong, independently elected executive.


Growth of PowerGrowth of Power

• Presidential power has grown over time. Why has this happened?

– Compared to Congress, the executive branch is a unified office with one leader, capable of quicker decisions.

– As the role of the federal government has grown and the country has endured wars and other major crises, citizens have looked to the presidency for decisive leadership.


Growth of Power, cont.Growth of Power, cont.

• Congress has delegated authority to the executive branch to carry out the many laws passed by the legislative branch.

– Certain Presidents have used the influence of their office to increase the scope of presidential power.


Growth of Power, cont. Growth of Power, cont.

• The size of the staff supporting the President has grown, allowing involvement in more areas of government.

– Presidents have a unique ability to use mass media—such as radio, television, and the Internet—to attract public attention to their policies and goals.


Means of Gaining PowerMeans of Gaining Power

• The debate continues over how much power the President should have relative to Congress.

– What is the source of presidential power as shown in this political cartoon?


Gaining PowerGaining Power

• In this cartoon, who is giving the President increased powers?


Limits on PowerLimits on Power

• Checkpoint: What limits the growth of presidential power?

– In 1952, the Supreme Court ruled that President Harry Truman could not use his powers as commander in chief to take control of U.S. steel mills during the Korean War. (Youngstown Sheet & Tube C. v. Sawyer)


Limits on Power, cont.Limits on Power, cont.

• In 2006, the Court ruled that President George W. Bush could not use military tribunals to prosecute “enemy combatants” and held that part of his plan violated the Geneva Conventions and the Uniform Code of Military Justice. (Hamdan v. Rumsfeld)


Opposing ViewsOpposing Views

• Presidents like Theodore Roosevelt have supported broad powers.

– Roosevelt supported the “stewardship theory,” arguing that the President should try to do whatever would help the public, using whatever powers could be claimed.


Opposing Views, cont.Opposing Views, cont.

• Presidents like William Taft have favored limited presidential powers.

– Taft felt that Presidents could not simply assume powers that they felt were needed to serve the people. All executive power had to be based clearly on the Constitution.


Imperial PresidencyImperial Presidency

• In recent years, some critics claim that the presidency has grown too powerful.

• They refer to this increase of power as an imperial presidency because presidents often take actions without consulting Congress.


Imperial Presidency, cont.Imperial Presidency, cont.

• Supporters of the imperial presidency argue that the President often needs to act more swiftly than would be possible if he or she had to wait for congressional approval.


ReviewReview

• Now that you have learned about the growth of presidential power, go back to the Chapter Essential Question.– How much power should the President have?

Chapter 14: The Presidency in ActionSection 2




1. Identify the sources of the President’s power to execute federal law.

2. Define the ordinance power.

3. Explain how the appointment power works and describe the limits on the removal power.

4. Examine the power of executive privilege.


Key TermsKey Terms

• executive order: directives, rules, or regulations issued by the President that have the force of law

• ordinance power: the authority to issue executive orders

• executive privilege: a right claimed by some Presidents that allows them to refuse to provide certain information to Congress or the federal courts



• What are the executive powers and how were they established?

– The President:• Executes and interprets the law of the land• Issues executive orders• Appoints many public officials• Removes appointed officials• Can use executive privilege to withhold information

from Congress and the federal courts

– These powers come from the Constitution and from acts of Congress.


The Chief ExecutiveThe Chief Executive

• The President enforces and carries out all federal laws. This authority comes from two sources:– The oath of office, which

requires the President to “faithfully execute the Office of President” and “protect and defend the Constitution.”

– The constitutional requirement that the President “take Care that the Laws be faithfully executed.”


Interpreting LawsInterpreting Laws

• Congress passes many laws that set out broad policies, but do not include specific details for enforcement.

• The President and other members of the executive branch must decide how these laws should be administered and enforced.

• To do so, they must often interpret the intent of these laws.


The Ordinance PowerThe Ordinance Power

• The President can issue executive orders—rules and regulations that have the force of law. This is called the ordinance power.

– The President must have this authority in order to use some of the executive powers granted by the Constitution.

– In addition, Congress has delegated the authority to direct and regulate many legislative policies and programs to the President and the executive branch.


The Appointment PowerThe Appointment Power

• The Constitution grants the President appointment power, the ability to appoint some federal officials.

– This power is necessary to ensure that presidential policies are carried out.

– The President appoints some 3,000 of the 2.7 million federal workers.

– The majority of the rest are hired according to civil service laws.


Presidential AppointmentsPresidential Appointments

• Presidents appoint top-ranking officials such as:– Cabinet members and their top aides

– Ambassadors and other diplomats

– The heads of independent agencies

– All federal judges, U.S. marshals, and attorneys

– All officers in the U.S. armed forces

• These appointments must be a approved by a majority vote of the Senate.


Recess AppointmentsRecess Appointments

• The president can make recess appointments to fill vacancies when the Senate is not in session.

– These appointments expire at the end of the congressional term they were made.

– They are controversial because they allow the President to bypass the Senate confirmation process.


The Confirmation ProcessThe Confirmation Process

• This graphic outlines the process of nominating and approving or rejecting a presidential appointee.

– Under the custom of senatorial courtesy, the Senate will only approve federal appointees supported by the Senators from their state who belong to the President’s party.


Presidential AppointeesPresidential Appointees

• Presidential appointees are sometimes criticized for lacking independence and simply parroting presidential views.

– How might this parroting actually benefit the President?


The Removal PowerThe Removal Power

• The Constitution does not say how appointed officers should be removed.

– Some politicians wanted Senate approval for removals as well as appointments.

– Others argued that the President must have the power to remove incompetent appointees.


The Removal Power, cont.The Removal Power, cont.

• The First Congress gave the President the power to remove any appointed officer except for federal judges.

• Congress tried unsuccessfully to take the removal power away from President Andrew Johnson in 1867.



• In 1962, the Supreme Court ruled that the removal power was a key part of the President’s authority to execute the laws.



• In 1935, the Court ruled Congress can set the conditions under which members of independent regulatory agencies, such as the Federal Trade Commission, may be removed from office.

– This ruling applies only to a small number of appointed offices.

– In general, the President can remove whomever they appoint.


Executive PrivilegeExecutive Privilege

• At times, Presidents have refused to reveal certain information to Congress or the federal courts.

• Congress has never officially recognized the right of executive privilege.– The President’s advisers and staff must be able to

speak freely to give good advice. To do so, they must believe that their words are confidential unless the President chooses to reveal them publicly.

– What is the court’s stand on executive privilege?


United States v. NixonUnited States v. Nixon

– However, the Court also ruled that executive privilege cannot be used to prevent evidence from being heard in a criminal proceeding, as that would deny the 6th Amendment guarantee of a fair trial.

• In the 1974 case United States v. Nixon, the Court ruled unanimously that the President could claim executive privilege in matters involving national security.


ReviewReview

• Now that you have learned what they executive powers are and how they were established, go back to the Chapter Essential Question.– How much power should the president have?



1. Explain how treaties are made and approved.

2. Explain why and how executive agreements are made.

3. Summarize how the power of recognition is used.

4. Describe the President’s powers as commander in chief.


Key TermsKey Terms

• treaty: a formal agreement between two or more independent states

• executive agreement: a pact between the President and the head of a foreign state or their subordinates; it has the same standing as a treaty but does not require approval by Congress

• recognition: the act of acknowledging the legal existence of a country and its government

• persona non grata: an unwelcome person



• What tools are available to the President to implement foreign policy?

– Making treaties and executive agreements with foreign countries

– Recognizing foreign nations

– Recalling American diplomats or expelling foreign diplomats from U.S. soil

– Ordering the U.S. military to conduct operations on foreign soil without a formal declaration of war


Chief DiplomatChief Diplomat

• The Constitution does not formally give the status of chief diplomat to the President. But two presidential powers play a key role:

– The President is the commander in chief of the nation’s armed forces.

– The President, usually acting through the secretary of state, negotiates treaties with foreign nations.


TreatiesTreaties

• Treaties have the same legal status as an act of Congress.

• Congress can repeal a treaty by passing a law that nullifies its provisions.

• An existing law can be repealed by the terms of a treaty.

• A treaty cannot conflict with any part of the Constitution.

• If a treaty and a federal law conflict, the most recently passed measure wins.


Treaties and the SenateTreaties and the Senate

• A two-thirds majority of the Senate must approve all treaties before they go into effect.

– This gives the Senate an important role in shaping U.S. foreign policy.

– A Senate minority can kill a treaty. In 1920 the Senate rejected the Treaty of Versailles.

– Presidents John Tyler and William McKinley each overcame Senate rejections of treaties by getting joint resolutions passed to annex Texas and Hawaii, respectively.


Executive AgreementsExecutive Agreements

• Checkpoint: How do executive agreements differ from treaties?

– Presidents can make executive agreements without Senate approval.

– These agreements cannot overrule state or federal law.

– Executive agreements do not become part of American law. Only those agreements made by the current President remain in force.


Power of RecognitionPower of Recognition

• The President recognizes the legal status of other nations on behalf of the United States.

• Countries usually recognize each other by exchanging diplomatic representatives.


Power of Recognition, cont.Power of Recognition, cont.

• Out of political necessity, the United States recognizes some nations whose conduct it does not agree with.

• Recognizing a new nation, such as Panama or Israel, can help ensure its success.

• Expelling foreign diplomats or recalling U.S. diplomats from a foreign country is a strong expression of disapproval and sometimes a step toward war.


Commander in ChiefCommander in Chief

• Presidents delegate many command decisions to military officers, but Presidents make the most critical decisions and have the authority to take command in the field.


Commander in Chief, cont.Commander in Chief, cont.

• It is difficult for Congress to challenge many presidential command decisions.

• President Theodore Roosevelt once sent the U.S. Navy halfway around the world without consulting Congress. Legislators had no choice but to approve funds to bring the Navy back.


Making Undeclared WarMaking Undeclared War

• Only Congress can declare war; however, many U.S. presidents have sent armed forces into combat abroad without a declaration of war:

– John Adams had the U.S. Navy fight French warships in 1798.

– Ronald Reagan ordered the invasion of Grenada in 1983 to block a military coup.

– George H.W. Bush ordered the ouster of Panamanian dictator Manuel Noriega in 1989.

– Bill Clinton sent troops to the Balkans in the 1990s.– How might a President exercise the role of commander in

chief?


Congressional ResolutionsCongressional Resolutions

• Congress has not declared war since World War II.

• However, Congress has passed eight joint resolutions authorizing the President to use military force abroad, such as:– In 1955, Congress let President Dwight Eisenhower

position the U.S. Navy to block Chinese aggression toward Taiwan.

– The Iraq Resolution of 2002 authorized the use of force

against Iraq.


Power Over the YearsPower Over the Years

• At times Presidents have sought Congressional approval for the use of military force, while other times they have not.


War Powers ResolutionWar Powers Resolution

• Checkpoint: Why did Congress enact the War Powers Act?

– The results of the undeclared Vietnam War led Congress to pass the War Powers Resolution of 1973.

– There is still a debate over whether this Resolution is constitutional or not.


War Powers ActWar Powers Act

• The War Powers Act states that the President can commit military forces to combat only

– If Congress has declared war, OR

– If Congress has authorized military action, OR

– If an attack on the nation or its armed forces has taken place. In this case, Congress must be notified within 48 hours and can end the commitment of troops at any time.


ReviewReview

• Now that you have learned about the tools available to the President to implement foreign policy, go back and answer the Chapter Essential Question.– How much power should the President have?



1. Explain the President’s legislative powers and how they are an important part of the system of checks and balances.

2. Describe the President’s major judicial powers.


Key TermsKey Terms

• pocket veto: a method of killing a bill at the end of a congressional session by not acting on it before Congress adjourns

• line-item veto: the power to cancel out specific provisions, or line items, in a bill while approving the rest of the measure

• reprieve: the postponement of the carrying out of a criminal sentence


Key Terms, cont.Key Terms, cont.

• pardon: the legal forgiveness of a crime

• clemency: the power of mercy or leniency

• commutation: the power to reduce a fine or the length of a sentence imposed by a court

• amnesty: a blanket pardon offered to a group of law violators



• How can the President check the actions of the legislative and judicial branches?

– By using the message power to influence Congress to pass desired legislation

– By vetoing bills passed by Congress– By issuing signing statements– By pardoning citizens accused or convicted of crimes– By reducing fines or the length of sentences– By granting amnesty to groups of people


Legislative PowersLegislative Powers

• As party chief, the President can greatly influence Congress.

• The President sends messages to Congress to suggests legislation.

• There are three major messages a year:• The State of the Union, delivered to a joint

session of Congress.• The President’s budget message• The Annual Economic Report


Veto PowerVeto Power

• Checkpoint: What options are available to the President when presented with a bill?

– Every bill or measure requiring the consent of both House and Senate must be submitted to the President.


Veto Power, cont.Veto Power, cont.

– In response, the President can:

• Sign the bill into law

• Veto the bill

• Allow the bill to become law by not acting upon it within ten days

• Exercise a pocket veto at the end of a congressional session by not acting on the bill before Congress adjourns in under 10 days.

President Ford prepares to address the nation about his decision on vetoing a tax cut.


Overriding a VetoOverriding a Veto

• Congress can override a veto with a two-thirds majority, but this rarely happens.

– It is difficult to gather enough votes in each house for a veto override.

– The mere threat of a veto can often defeat a bill or cause changes to its provisions.

– Early Presidents rarely exercised the veto, but it is common today.


When the President and the majority of Congress are of the same party, vetoes tend to be rare. They tend to be more frequent during periods of divided government. Do you think the veto gives the President too much authority?


Signing StatementsSigning Statements

• Signing statements describe how a new law should be enforced or point out problems that the President sees with the law.

• Presidents may issue signing statements when signing a bill into law.


Singing Statements, cont.Singing Statements, cont.

• President George W. Bush issued a record number of signing statements.

– He claimed the power to refuse to enforce certain provisions of a law or to interpret it as he saw fit.

– Critics saw this as an attempt to veto bills without exercising a formal veto.


Line-Item VetoLine-Item Veto

• The President can either accept all of a bill or reject all of it.

• The Supreme Court has ruled that the line-item veto power can only be given to the President by a constitutional amendment.

– How is a line-item veto different from a regular veto?


Line-Item Veto, cont.Line-Item Veto, cont.

• The proposed line-item veto would allow the President to cancel out some parts of a bill while approving others.

– Supporters argue that this would cut down on wasteful federal spending.

– Opponents argue that the line-item veto would shift too much power from the legislative branch to the executive branch.


Judicial PowersJudicial Powers

• The President can grant pardons and reprieves in federal cases.

– The President can pardon people before they have even been tried or convicted, though this is rare.

• President Gerald Ford famously pardoned former President Nixon in 1974 before Nixon had been tried.

– A person must accept a pardon for it to go into effect.

• The Supreme Court upheld this rule in 1915.


Judicial Powers, cont.Judicial Powers, cont.

• Checkpoint: What powers are included under the power to pardon?

– The President can commute, or reduce, a fine or prison sentence.

– The President can also issue a blanket amnesty that pardons a group of people.

• In 1893, President Benjamin Harrison pardoned all Mormons who had violated polygamy laws.

• In 1977, President Jimmy Carter gave amnesty to all Vietnam War draft evaders.


ReviewReview

• Now that you have learned about the way in which the President can check the actions of the legislative and judicial branches, go back and answer the Chapter Essential Question.– How much power should the President have?

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