Constitutional Analysis

What is the Presidency and why is it

there?
Read Article 2 of the Constitution.
Identify the powers of a president that
are NOT listed in the constitution.
Under the US Constitution, a president must be;
• A natural-born US citizen
• At least 35 years old
• A US resident for at least 14 years
Enquiry Question: How has the power of the
president evolved?
 Learning Objectives
• To describe how presidential power has grown
during the 20th century
• To explain the reasons for this
• To analyse the consequences of this
 How much political
muscle does the
president have?
YOUR TASK:
• Watch the video clip.
• This video looks at those NOT found in the Constitution - implied
or inherent powers.
• We’ll talk about how the president uses his or her power to
negotiate executive agreements, recommend legislative
initiatives, instate executive orders, impound funds, and claim
executive privilege in order to get things done.
• Implied powers are kind of tough to tack down, as they aren’t
really powers until they’re asserted, but once the they are, most
subsequent presidents chose not to give them up.
• So we’ll try to cover those we’ve seen so far and talk a little bit
about reactions to these sometimes controversial actions from
the other branches of Congress.
Refer to Handout: Guide to Presidential Powers to help you.
 How has the power of the president evolved?
Questions:
YOUR TASK: 1. How did the 12th
Read the article “The amendment change the
Evolution of the powers of the president?
Presidency” 2. How did the 25th
(http://www.ushistory.org/gov/7b.asp) amendment change the
powers of the president?
3. How did the following
presidents change
presidential power?
a) Andrew Jackson
b) Abraham Lincoln
c) Theodore Roosevelt
d) Woodrow Wilson
 Learning Objectives
• To describe how presidential power has grown
during the 20th century
• To explain the reasons for this
• To analyse the consequences of this
 10 Reasons for the Growth of Presidential Power
https://www.harding.edu/howard/presgrowth.html
Explanation Example

One Person Office

Fixed Four Year Term

Growth of Political Parties

Inherent Powers

Statutory Powers

Superpower Status

Crises of the 20th and 21st

centuries

Opinion Polls

Popular Vote for Electors

Media Coverage
 Learning Objectives
• To describe how presidential power has grown
during the 20th century
• To explain the reasons for this
• To analyse the consequences of this
 How does this
evolution affect
the powers the
president has
today?
Article:
Power and the Presidency, From Kennedy to
Obama
For the past 50 years, the commander in
chief has steadily expanded presidential
power, particularly in foreign policy
 Learning Objectives
• To describe how presidential power has grown
during the 20th century
• To explain the reasons for this
• To analyse the consequences of this
 Definition Board Splat!
ineligibility clause twenty-third amendment:
war powers resolution
Enumerated Powers Act strict constructionism

senatorial courtesy
state of emergency
unitary executive theory
inherent powers
habeas corpus

insurrection act of 1807 delegated powers

unitary system

executive privilege
executive order executive agreement

presidential determination presidential memoranda

 Homework
Application Task:
N/A
Flipped Learning Preparation Task:
Informal Sources of Presidential Power and their use
(Pearson p365-367)
The Imperial Presidency (Pearson p378-380)
Limitations on presidential power and why this varies
(Pearson p375-377)
Stretch & Challenge Task
Article: Theodore Roosevelt: Impact & Legacy (Miller Center)
Article: Andrew Jackson: Impact & Legacy (Miller Center)