The document discusses the growth of presidential power in the United States. It examines the president's executive, diplomatic, military, legislative, and judicial powers as outlined in the Constitution but have expanded over time. This expansion has occurred through force of personality, need for decisive action, giving the president policy power, and using the media. There are two theories discussed - the stewardship theory advocating for strong chief executives and the constitutionalism theory limiting the president to explicit constitutional powers. The document analyzes how each power of the presidency has grown beyond original intent through precedent, acts of Congress, Supreme Court rulings, and actions of past presidents.

1. Growth of
Presidential
Power
Executive
Powers
Diplomatic &
Military
Powers
Legislative &
Judicial
Powers
THE
PRESIDENCY
IN ACTION

2.  Executive article
 “take care that the Laws be
faithfully executed.”
 Loosely drawn; vague
 Role & Scope of office hotly
debated throughout America’s
history.
ARTICLE II

3. Unity of the Office
 One president v. 538 Members
of Congress
The Officeholders
 Scope of office expanded by
sheer force of personality
Need for decisive action
 War & Natural Disasters
Congress
 Given President increasing
power over policy
Using the Media
 FDR
 Bully Pulpit
WHY PRESIDENTIAL POWER HAS GROWN

4.  Advocated by Teddy Roosevelt
 Strong, effective chief executives
 President can and must do anything that is not specifically
forbidden by the constitution to help the country
STEWARDSHIP THEORY

5.  Articulated by Taft
 President can only do that
which is specifically in the
Constitution
CONSTITUTIONALISM THEORY

6.  Critique of the expansion of the office
 Modern presidents more like emperors
 Who? https://www.youtube.com/watch?v=Ch8HNBL1LjY
IMPERIAL PRESIDENCY

7.  Oath of Office
 Must execute all the laws
 President has some discretion as to how vigorously
 Congress deals in broad policies and standards
 Details left up to Executive Branch
EXECUTING THE LAW

8. Executive Order
 Directive, rule, or regulation
concerning the executive
branch
 Force and effect of law
 Day to day business of the
President
 Executive Order -- Continuance
of Advisory Council
h t t p : / / w w w . w h i t e h o u s e . g o v / t h e - p r e s s -
o f f i c e / 2 0 1 3 / 0 4 / 0 5 / e x e c u t i v e - o r d e r - c o n t i n u a n c e - a d v i s o r y -
c o u n c i l
Examples
 Lincoln’s Emancipation
Proclamation
 FDR: Executive Order 9066
(Japanese internment)
ORDINANCE POWER

9.  President needs loyal subordinates
 Constitution grants power to appoint
 Higher positions require Senate confirmation
 Increasingly partisan process
APPOINTMENT POWER

10.  Should the president need Senatorial
approval to dismiss employees?
 Tenure of Office Act (1867)
 Required Senate approval of a
presidential firing
 Repealed in 1887
REMOVAL POWER

11. Myers v. United States (1926)
 Power of removal is essential to the president’s power
Humphrey’s Executor v. United States (1935)
 President cannot remove some office holders due to
differences in opinion
REMOVAL POWER &
THE SUPREME COURT

12.  President has tremendous power in this field
 Why?
DIPLOMATIC & MILITARY POWERS

13.  Force and effect of law
 Requires Senate approval by
2/3 majority
Treaty of Versailles (1920)
 Wilson negotiates treaty to
end WW I
 Came up 7 votes short
Executive Agreements
 President and other head of
state
 No Senate consent
 Lend-Lease Act (1940)
TREATY-MAKING POWER

14.  President receives diplomatic
representatives
 Acknowledge the legal
existence of a country or
government
 Not an endorsement
 TR’s quick recognition of
Panama (1903)
 Truman recognizes Israel (1947)
 President can declare a
diplomat persona non grata
 Washington threw out Citizen
Genet
POWER OF RECOGNITION

15.  Civilian Command of the
military
 TR’s Great White Fleet
 Delegate most command
authority to military leaders
 Washington led troops to the
Whiskey Rebellion
 Lincoln gave instructions to
generals
 LBJ picked out bombing
targets himself
COMMANDER IN CHIEF

16.  As Commander in Chief president can deploy military
 John Adams (1798) instructed the Navy to engage with French
warships
 Jefferson & Madison waged war against the Barbary Pirates
 Korea
 Vietnam
MAKING WAR WITHOUT THE PAPERWORK

17.  1962: JFK; Soviet missiles in
Cuba
 1964: LBJ; Gulf of Tonkin
Resolution
 1991: George H.W. Bush;
Operation Desert Storm
 2001: George W. Bush ; War on
Terror (and Afghanistan)
 2002: George W. Bush; War in
Iraq
ASK AND YE SHALL RECEIVE:
CONGRESSIONAL RESOLUTIONS TO
AUTHORIZE MILITARY FORCE

18.  1983: Reagan invades Grenada
 1989: H.W. Bush invades Panama
 1999: Clinton sends troops to end
ethnic cleansing in Kosovo
PRESIDENTS ACTING ALONE

19. Recommending Legislation
 State of the Union
 Gives a budget to Congress (suggestion)
Veto Power
Line-item Veto
 Should the President be able to veto part of a bill?
 1996 law passed
 Ruled unconstitutional
LEGISLATIVE POWERS

20. Pardons
 Ford pardons Nixon 1974 –
Good idea?
Commutation
 Reduce the length of a
sentence or fine
Amnesty
 Blanket pardon
 1977: Carter granted
amnesty to Vietnam War
draft evaders
 http:// www.you tu be.c o m/ wa tch? v =e JAq VX B Z0 YI
 http://www.youtube.com/watch?v=K2i M3Lwk6
MY
JUDICIAL POWERS