The executive branch has power over human rights through the President's various roles and powers. As Chief Executive, the President enforces laws and develops policies. As Commander-in-Chief, the President leads the military but war must be declared by Congress. The President also acts as diplomat, legislator, and citizen advocating for people's rights. For example, Obama promoted LGBT rights by ending "Don't Ask Don't Tell" and advocating repeal of the Defense of Marriage Act.
The PresidencyChapter 11CHAPTER 11 THE PRESIDENCYTh.docx
How the executive branch impacts Human Rights
1. What does the executive branch of government
have to do with Human Rights?
* The Growth of Presidential Power
* The President‘s Executive Powers
Fall 2011: Period 8 – Regnier
Dani Dziatlowicz, Thomas Kurtz, Deanna Maffeo, Matt Monaghan, Jane Peck
2. The Framers
Who were the Framers and what did they do?
– In 1787, 55 delegates from all over the newly born United States met at
Philadelphia to discuss the reform of the present government of the time, the
Articles of Confederation.
– However, these delegates, each representing his State, realized that there was
no way to properly and effectively reform the Articles.
– Thus, the Constitution was created.
– Many delegates disputed over how the Constitution was going to be perceived.
Alexander Hamilton, for one, argued that the legislature was much more
important than the executive branch (this was why Congress became a
bicameral system). Thomas Jefferson contended that there must be an
executive branch that would not be weakened in its battles with the legislature.
In the end, 39 out of 55 delegates signed the Constitution.
– It was decided that there would be a single executive branch of government with
broad powers. However, the Framers feared that the executive branch would
quickly become a tyranny so a limited, checked presidency was constructed.
“The executive Power shall be invested in a President of the United
States of America.”
– Article II, the Executive Article of the Constitution
3. d a s s i t
―The presidency is often called ‗the most
powerful office in the world.‘‖
6. The Media…
Keeps the public in-touch with what is going on in the latest
debates and candidates for the Presidential Election of 2012.
7. National Crisis
Crisis serves as a precedent to how
and what the current President should
do. People look for leadership in a time
of disaster or hardship. Most of the
time, Congress will hide behind a
President and allow him/her to take the
fall should their actions fail and cause
more grief.
Background image: Thomas Cole, The Course of the Empire: Destruction, c.a. 1836; Since the U.S. is commonly referred to as the
modern Roman Empire, Cole showed the future of the United States as the Fall and Destruction of Rome.
8. Obama says U.S. faces
“crisis,” and proposes
Job’s Plan
September 8, 2011: ―President
Barack Obama laid out a $447
billion jobs package of tax cuts
and government spending on
Thursday that will be critical to
his re-election chances but he
faces an uphill fight with
Republicans.
With his poll numbers at
new lows amid voter frustration
with 9.1 percent unemployment,
Obama said in a high-stakes
address to Congress that the
United States is in a ―national
crisis‖ and called for urgent
action on sweeping proposals to
revive the stalled economy and
avert another recession.‖
http://news.nationalpost.com/2011/09/08/u-s-faces-national-crisis-obama-says-in-jobs-
speech-excerpts/
9. Congressional Deference
It is easier to let another person do the
job (i.e. the National Budget). Congress
was originally supposed to have set the
budget for the nation, but decided to
hand that job over to the new president
in office. In this way, they themselves
have expanded the power of the
President.
"We **** up all the time!"
10. Now that the President has all this
power, what happens with it?
The President has eight defining key roles determined by
the Constitution that all need to be fulfilled when he/she is
sworn into office. These roles include:
1. Chief Executive
2. Commander-in-Chief
3. Chief of State
4. Head of the Party
5. Chief Diplomat
6. Chief Citizen
7. Chief Legislator
8. Chief Economic Planner
11. Chief Executive: What does it mean?
As Chief Executive,
sometimes called Chief
Administrator, the President
has four main duties:
1) enforcing federal laws
and court rulings
2) developing various
federal policies
3) appointing federal
officials
4) preparing the National
Budget
12. Chief Executive: What does it mean?
Within the executive branch, the President
has broad powers to manage national
affairs and the workings of the federal
government. The President can issue
rules, regulations, and instructions called
executive orders, which have the binding
force of law upon federal agencies but do
not require congressional approval. The
President may also negotiate with foreign
countries ―executive agreements‖ that are
not subject to Senate confirmation. The
President nominates-and the Senate
confirms-the heads of all executive
departments and agencies, together with
hundreds of other high-ranking federal
officials.
13. Chief Executive: What does it mean?
Also, the President solely appoints
other important public officials, including
aides, advisors, and hundreds of other
positions. Presidential nomination of
federal judges, including members of
the Supreme Court, is subject to
confirmation by the Senate. Another
significant executive power involves
granting a full or conditional pardon to
anyone convicted of breaking a federal
law-except in a case of impeachment.
In addition, as the nation's Chief
Executive, the President prepares the
national budget.
14. Commander-in-Chief
―Section 2. Clause 1. The
President shall be Commander in
Chief of the Army and Navy of the
United States, and of the Militia of
the several States, when called
into the actual Service of the
United States; he may require the
Opinion, in writing, of the principal
Officer in each of the executive
Departments, upon any Subject
relating to the Duties of their
respective Office, and he shall
have Power to grant Reprieves
and Pardons for Offences against
the United States, except in
Cases of Impeachment.‖
15. Commander-in-Chief
In the President's role as
Commander-in-Chief, we see the
system of checks and balances at
work. Even though the President
is leader of the military services, it
is Congress that has the power to
declare war. Also, the President is
never a member of the armed
services—he/she is its civilian
leader. President Eisenhower, an
army general, resigned from the
army when he became President.
The President also has power
over the Air Force.
16. Chief of State
As the American Chief of State, the
president is a living symbol of the
nation. It is considered a great honor
for any citizen to shake the
president's hand. Examples of
Behavior in Roles:
– Awarding medals to the winners of
college scholarships
– Congratulating astronauts on their
journey into space
– Greeting visitors to the White
House
– Making a patriotic speech on the
Fourth of July
17. Head of the Party
With the role of the Head of the Party, the
President has the ability to:
– Reward those who are loyal to his/her
political party (or a political party) with
jobs in the government
– Support other candidates for office
– Make campaign speeches needed for re-
election
18. Chief Diplomat
The President‘s role as
Chief Diplomat include:
– Conducting foreign
policy by directing the
actions of American
ambassadors
– Signing treaties and
trade agreements with
leaders of other nations
19. Chief Citizen
The President‘s Chief
Citizen role guarantees
that the President not
only works for the
government, but for the
people of the nation.
20. Chief Legislator
Since Congress has the
power to make bills, the
President has the power
to both propose bills and
sign bills into law.
Members of Congress are
often called to lobby for
the President‘s agenda
and the President
presents the agenda to
Congress in the annual
State of the Union
address.
21. Chief Economic Planner
As Chief Economic Planner, the President has
the ability to monitor:
– Unemployment
– Inflation, taxation, and business
– The general welfare of the nation
Although the President does not control the
economy, he/she gets credit if it goes well.
22. President’s Orders
* Executive Order A directive,
rule, or regulation that has the
effect of law.
* Ordinance Power The power
to issue executive orders.
23. Recess Appointments
Recess Appointments allow for the
President to ―fill up all Vacancies that may
happen during the Recess of the Senate.‖
This means that the President has the right
to appoint anyone he/she chooses to fill an
empty seat in the Senate while a Senator is
temporarily suspended. This appointment
automatically expires at the end of the
congressional term in which it is made.
24. What is “Human Rights?”
Human Rights are rights believed to belong
justifiably to every person. Human Rights
encompasses every aspect of a person’s life, including LGBTQ
rights, reproductive rights, anti-rape rights, women’s rights,
freedom of speech, freedom to vote, right to have a family,
right to property, health care rights, right to (peacefully)
protest, gender identity rights, right to fair trial, right to
asylum, education rights, right to think freely, right to
communicate through any language, equal marriage rights,
right not to be forced into a marriage, freedom of religion,
right to be innocent until proven guilty and finally, the right
to be heard.
25. This has every affect on With the President‘s power to
Human Rights. The most propose bills as Chief
basic human right is the Legislator, he/she can
right to be heard and propose any bill that can
listened to—something the improve life and the welfare
President must do in order of the people in the nation. As
to fulfill the 8 roles given to Chief Citizen, the President
him/her. The most important must listen to what the
role the President plays that people of the country are
saying. For example,
has the greatest affect on
President Obama proposed
Human Rights is
National Healthcare.
& .
26. Obama & Clinton Promote Gay
Rights Around the World
October 1, 2011: Washington: President Obama
forcefully called for the repeal of the Defense of
“We don't believe in the
Marriage Act on Saturday night at the annual kind of smallness that
Human Rights Campaign fundraising dinner,
but he did not come out in support of marriage says it's okay for a stage
equality, as some hoped he would do.
The 3,000 attendees at the dinner, which
full of political leaders—
took place at the Washington Convention one of whom could end
Center, gave the president multiple standing
ovations when he touted the repeal of “Don't up being the president of
Ask, Don't Tell,” hospital visitation rights for
same-sex couples and spoke out against the
the United States—being
bullying of LGBT youth. silent when an American
The most electric reaction, however,
came when Obama sharply criticized the GOP
soldier is booed. We
presidential candidates for staying silent when
audience members at a debate booed a gay
don't believe in that.”
soldier who asked a question about DADT. - Obama to loud cheers & standing ovation
27. “We don't believe in standing silent when that
happens. We don't believe in them being silent
since. You want to be Commander-in-Chief? You
can start by standing up for the men and women
who wear the uniform of the United States, even
when it's not politically convenient. We don't
believe in a small America. We believe in a big
America—a tolerant America, a just America, an
equal America—that values the service of every
patriot.”
- Barack Obama on DADT, October 2011
28. DADT
In his speech, the President stressed his
commitment to the cause of equality over the
past two and a half years, and his continuing
support moving forward. Progressing forward,
President Obama vowed to keep fighting for
equality and asked for help passing a repeal of
the Defense of Marriage Act, as well as the
passage of an inclusive employment non-
discrimination bill.
29. ―I vowed to keep up the fight against the so-called Defense of Marriage
Act. There’s a bill to repeal this discriminatory law in Congress, and I want
to see that passed. But until we reach that day, my administration is no
longer defending DOMA in the courts. I believe the law runs counter to
the Constitution, and it’s time for it to end once and for all. It should join
‘Don’t Ask, Don’t Tell’ in the history books.‖