Академический Документы
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I) Executive Powers
A) Appointment and Removal Powers
a) the president appoints various people to serve in the Executive Branch
(i) these people usually work for the president, and can be hired and fired like normal
jobs
b) the president also nominates people for positions in federal (and Supreme) courts
(i) these must be approved by Congress
(ii) the president cannot remove them once they are confirmed- they work for life
unless they retire or are impeached
c) today, the president appoints about 3000 people total
B) Executive Orders
a) the president may issue direct orders to members of the Executive Branch
establishing new rules or instructing how to carry out certain laws
(i) most of the time they are used to explain the president’s interpretation of a law
b) these orders have the force of law, but can be overridden by a Congressional law or
by a federal judge determining the order to be unconstitutional
(i) this happened most recently with President Trump’s travel ban order based on the
religion of the country where people were coming from
C) Executive Privilege
a) the president can refuse to turn over information to Congress or to a court
(i) this is meant to protect national security (can’t release classified documents)
1 this was claimed by Nixon during the Watergate scandal, but the Supreme
Court overruled Executive Privilege in this case
II) Diplomatic and Military Powers
A) Diplomatic Powers
a) as lead diplomat, the president can negotiate treaties with other countries
(i) this is limited by Congress, who must approve the treaty in the Senate
b) the president can enter into an executive agreement
(i) not quite as binding as a treaty, but it does basically the same job and doesn’t
require the approval of the Senate
c) the president also can recognize a new country
(i) called diplomatic recognition
(ii) because of the US’s power across the world, recognizing a country is a huge step
in the new country surviving the first few years
B) Military Powers
a) as commander in chief, the president directs military forces around the world
(i) usually this is done through the Secretary of Defense, who is the highest ranking
member of the military (outside of the president)
1 usually this person has significant experience in the military
b) though Congress alone has the power to declare war, the president has often (over
200 times) sent troops to fight without a formal declaration
(i) this has been limited after Vietnam, but he still has some ability to deploy troops
III) Legislative and Judicial Powers
A) Legislative Powers
a) the president uses the State of the Union to propose new legislation to Congress
(i) he can also use a member of Congress to propose his ideas
b) primarily, the president has veto power over new laws
(i) this can be overridden by a 2/3 vote in Congress
B) Judicial Powers
a) can control the courts by appointing his supporters to lifetime positions
b) can also grant clemency (mercy) to someone convicted of a crime, as long as the
crime is federal
(i) cannot pardon people guilty of state or local crimes
IV) Informal Powers
A) Media
a) most times, the president is followed around by a large group of media personnel
(i) they can then address issues immediately instead of called a press conference
(ii) those who are particularly likeable tend to be very skilled in using the media to
make themselves look at their best
1 Reagan, Kennedy, and Obama were all very good with the press
B) Party Leader
a) as party leader, members of the president’s party are expected to follow his lead
(i) it is very embarrassing for a president to fail a bill because members of his party
rebel
(ii) loyal supporters can expect support from the president when they are up for
reelection
1 if the president isn’t popular, though, they might not want the support
V) Checks on the President’s Powers
A) Formal Checks
a) judicial review
(i) laws signed or executive orders given can be struck down by federal courts
b) advice and consent
(i) the Senate can prevent judicial nominees from being approved
B) Informal Checks
a) media
(i) by keeping the public informed of the day to day operations, the media provides a
check on the president- he doesn’t want his poll numbers to go down
1 public approval means the president has power
VI) Changes in Presidential Power
A) The First 100 Years
a) mostly, presidents followed the letter of the Constitution and allowed Congress to
retain most of the power
(i) Andrew Jackson was the exception
1 he believed the president was the one true representative of the people, and
used his power of the veto to get rid of laws he simply didn’t like
he also used this as a way to get Congress to do what he wanted
B) Expanding Power
a) during and after the Civil War, presidential power greatly expanded
(i) Lincoln took on great powers during the war, citing his responsibility to protect
the Constitution, which he believed was in danger
1 he was fully ready to give up those powers as the war ended, but was killed
b) using Lincoln’s argument of protecting the Constitution, Theodore Roosevelt used the
presidency as a “bully pulpit” to shape public opinion as he wanted
(i) he was popular and likeable, and used popular support to force Congress to pass
legislation he wanted
1 he especially wanted to limit the power of big business
c) the Great Depression expanded presidential powers most of all
(i) the emergency of so many people starving and losing their homes led to Franklin
Roosevelt creating a series of programs (Social Security, Medicare, etc)
1 these programs are now expected in American society
C) Presidential Power and the Media
a) as technology has advanced, presidents have adjusted to use especially TV and
internet to reach the people directly
(i) the media can either make a plan look great or terrible, and presidents usually try
to get them on their side
1 they often hire people from the media to write speeches and prepared
statements to make sure nothing gets twisted or makes them look bad
intense media scrutiny can greatly weaken presidential power
3- The President’s Administration