Questions
What is the nature of the power problem with regard to the Presidency? How and why has the Office of the Presidency transformed? (powers?)
Themes
The Power Problem Accountability? The Rule of Law Thomas Paine had written in Common Sense:
With increasing power of executive is there contradiction with rule of law? The Increase in Power From legislative to executive supremacy
About the Presidency
One of 3 branches of the Federal Government: Executive Branch Experience of Founders: Under King George III Under the Articles of the Confederation How Presidency was envisioned by the Founding Fathers: Legislative Governance Limited Executive Article II of Constitution states that, Executive Power shall be vested in a President of the United States of America. However modern Presidency is much more and includes an extensive bureaucracy
Qualifications and Conditions of Office
General Qualifications According to Article II of the Constitution, Presidents must be: Natural born citizens Resident of United States for at least 14 years 35 years old Amendment XXII: disqualification limits term to two
Note: Political Qualifications (NOT REQUIRED BY CONSTITUTION Prior experience in federal government and/ or U.S. military Backing of political party
Qualifications and Conditions of Office
Removal of President from Office Circumstances: Impeachment Resignation Death According to Constitution Presidential Line of Succession: Vice President Constitution, however, did not specifically designate who would take over if both president and vice-president died: Presidential Succession Act (1947): If V.P. dies: Speaker of the House President Pro Tempore of the Senate Every member of Cabinet in set order starting with secretary of state
Sources of Power for the President
Constitutional Delegated Implied Inherent in office? Statutory Legislation Case Law Political Parties Personal Skills Circumstances/ Crises Role of public opinion
Constitutional Powers of the President
Constitutional Powers obtained from Article II of the Constitution http://www.constitutioncenter.org/explore/TheU.S.Constitution/index.shtml
One of 3 branches of the Federal Government: Executive Branch Article II of Constitution states that, Executive Power shall be vested in a President of the United States of America.
Delegated Powers: Appointment Pardon Veto Treaty making Chief Executive Commander in Chief (CIC)
Constitutional Powers of the President
Implied Powers: Firing Political appointees? Executive Agreements Executive Privilege Executive Orders Ex. Emancipation Proclamation Inherent Powers? to take care that the laws be faithfully executed. Many presidents such as Theodore Roosevelt have argued for a broad interpretation of executive constitutional powers claiming that a president could do whatever is necessary so long as it was not prohibited by the Constitution Ex. Thomas Jefferson Louisiana Purchase
Statutory Delegation of Power to President
Congress has delegated power to President in areas of domestic, foreign and national security policy through statutory legislation Indicative of shift from Congress role as legislature to more oversight and legislation Modern President as Chief Legislature? Examples: Hostage Rescue Act (1868) Economic Stabilization Act (1970) Authorization for Use of Military Force in Afghanistan and Iraq (19982002) Military Commissions Act of 2006 http://www.loc.gov/rr/frd/Military_Law/pdf/PL-109-366.pdf http://www.aclu.org/safefree/detention/commissions.html http://www.youtube.com/watch?v=mPN-ld_SeVs
Case Law: Source of Presidential Power
Supreme Court established precedents that have increased presidential power For Example: U.S. v. Curtiss-Wright Export Corporation (1936) http://en.wikipedia.org/wiki/United_States_v._Curtiss-Wright_Export_Corp. . http://www.oyez.org/cases/1901-1939/1936/1936_98/ Sole Organ Theory: President is the sole organ of the nation in foreign affairs
Political Parties and Personal Skills: Sources of Presidential Power
Political Parties: President as leader of party Issue of loyalty to party over loyalty to branch of government (i.e. Congress) Does this impact separation of powers and system of checks and balances? Should presidents go public or take their policies to the people and go over the heads of Washington? Or should presents use the power of persuasion and negotiate/ bargain with Washington? Personal Skills: Experience Character Creation of presidential style Leadership Management Styles
Role of Events and Circumstances in Determining Presidential Power
Presidential power affected by situation surrounding his presidency such as: Crises: Ex. Economic Depression and FDRs New Deal Created conditions for extraordinary action Legacy of new deal: people expect president to regulate economy, solve social problems and provide political inspiration Creation of comprehensive policy programs: Ex. Trumans Fair Deal Ex. Kennedys New Frontier Ex. Johnsons Great Society Ex. Wars and other threats to national security President Bush and War on Terror
