Describe the following political cartoon. How Describe the following political cartoon. How does it relate to the power of the President and does it relate to the power of the President and Vice President? Vice President?

Formal Powers of the Formal Powers of the PresidentPresident

Constitutional or expressed powers of Constitutional or expressed powers of the presidencythe presidency

Found primarily in Article II of the Found primarily in Article II of the ConstitutionConstitution (the (the Executive ArticleExecutive Article))

Formal Powers: Formal Powers: Commander-in-ChiefCommander-in-Chief

Commander in Chief of the Army & NavyCommander in Chief of the Army & Navy Making undeclared warMaking undeclared war

Limited by Limited by War Powers Act War Powers Act 19731973 President can commit troops for 90 daysPresident can commit troops for 90 days

Formal Powers: Chief Executive

““Faithfully execute” the lawsFaithfully execute” the laws Grant Grant pardonspardons for federal offenses except for for federal offenses except for

cases of impeachmentcases of impeachment Nominate judges of the Supreme Court and Nominate judges of the Supreme Court and

all other officers of the U.S. with consent of all other officers of the U.S. with consent of the Senatethe Senate

Fill vacancies that may happen during recess Fill vacancies that may happen during recess of the Senate (of the Senate (recess appointmentsrecess appointments))

Formal Powers:Formal Powers:Foreign AffairsForeign Affairs

Appoint ambassadors, ministers and Appoint ambassadors, ministers and consulsconsuls

Make treaties subject to Senate Make treaties subject to Senate confirmationconfirmation

Receive ambassadorsReceive ambassadors Diplomatic Recognition Diplomatic Recognition – acknowledging – acknowledging

the legal existence of a country/statethe legal existence of a country/state

Formal Powers:Formal Powers:Chief LegislatorChief Legislator

Give State of the Union address to CongressGive State of the Union address to Congress

Recommend Recommend ““measuresmeasures”” to the Congress to the Congress

Upon Upon ““extraordinary occasionsextraordinary occasions”” convene convene both houses of Congressboth houses of Congress

Formal Powers:Formal Powers:Chief Legislator (cont.)Chief Legislator (cont.)

Presidential Veto Presidential Veto Veto Message within 10 days of passing the House of Veto Message within 10 days of passing the House of

originorigin Pocket Veto Pocket Veto - President does not sign within 10 days- President does not sign within 10 days Congress can override with 2/3 majority from both Congress can override with 2/3 majority from both

HousesHouses Veto PoliticsVeto Politics

Congressional override is difficult (only 4%)Congressional override is difficult (only 4%) Threat of veto can cause Congress to make changes in Threat of veto can cause Congress to make changes in

legislation legislation

Those powers not explicitly written in the Constitution

Similar to “necessary and proper” powers of Congress

In the modern era (since 1933), the President’s informal powers may be significantly more powerful than his formal powers

Informal Powers

Executive Orders Orders issued by the

President that carry the force of law

Clinton’s “Don’t ask don’t tell” gays in the military policy

FDR’s internment of Japanese Americans

G.W. Bush trying suspected terrorists in military tribunals

Notice for Japanese “relocation,” 1942

Executive Agreements

International agreements, usually related to trade, made by a president that has the force of a treaty; does NOT need Senate approval

Jefferson’s purchase of Louisiana in 1803

G.W. Bush announced cuts in the nuclear arsenal, but not in a treaty; usually trade agreements between

US and other nations

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)