adopted in 1951; prevents a president from serving more than 2 terms, or more than 10 yrs. if he came to office via the death, resignation, or impeachment of his predecessor
the power delegated to the house of reps in the constitution to charge the president, VP, or other "civil officers", including federal judges, with "treason, bribery, or other high crimes and misdemeanors." this is the 1st step in the constitutional process of removing govt officials from office--- 2nd step= 2/3 approval of senate
an implied presidential power that allows the president to refuse to disclose info regarding confidential conversations or national security to congress or the judiciary
US v. Nixon (1974)
supreme court ruling on power of the president, holding that there is no absolute constitutional executive privilege allowing a president to refuse to comply with a court order to produce info needed in a criminal trial
adopted in 1967 to establish procedures for filling vacancies in the office of president and VP as well as providing for procedures to deal with the disability of a president
-->directs the president to appoint a new VP, subject to the approval by a simple majority of both houses of Congress. Also contains a section that allows the VP and a majority of the cabinet to deem a president unable to fulfill his duties. Sets up a procedure to allow the VP to become acting pres. if he is incapacitated
the formal body of presidential advisers who head the 15 executive departments. Presidents often add others to this body of formal advisers
formal international agreements entered into by the president that do not require the advice and consent of the US Senate
--> by entering into these agreements, presidents will try to get around the constitutional "advice and consent" of the senate requirement for ratification of treaties and the congressional approval requirements for trade agreements
the formal, constitutional authority of the president to reject bills passed by both houses of congress, thus preventing them from becoming law w/o further congressional action
--> the threat of a presidential veto often prompts congress to fashion leg that they know will receive presidential support. thus, simply threatening to veto leg often gives a president another way to influence law-making
--> this power checked b/c congress can overried a presidential veto w/ 2/3s vote in each house
the authority of a chief executive to delegate part of a bill passed by the legislature that involves taxing or spending. Ruled unconstitutional by the US Supreme Court (determined in **Clinton v. City of New York**) because it gave powers to the president denied him by the Constitution.
--> a power to disapprove of individual items within a spending bill and not just the bill in its entirety.
War Powers Act
passed by congress in 1973; the president is limited in the deployment of troops overseas to a 60 day period in peacetime (which can be extended for an extra 30 days to permit withdrawal) unless congress explicitly gives its approval for a longer period
--> passed after Pentagon Papers emerged; to limit the pres' authority to introduce troops into foreign lands w/o congressional approval. Nixon tried to veto, but it was overridden by a 2/3 majority in both houses of congress
an executive grant releasing an individual from the punishment or legal consequences of a crime before or after conviction, and restores all rights and privileges of citizenship.
--> presidents can exercise a check on judicial power through their constitutional authority to grant reprieves.
--> presidents also use pardons to generally direct towards amnesties
powers that belong to the president b/c they can be inferred from the constitution
the name given to the program of "relief, recovery, reform" begun by President FDR in '33 to bring the US out of the Great Depression
Executive Office of the President (EOP)
a mini-bureaucracy created in 1939 to help the president oversee the executive branch bureaucracy
--> created to provide the president with a general staff to help him direct the diverse activities of the executive brach. Has expanded to include several advisory and policy-making agencies and task forces. EOP have become the prime policy makers in their fields of expertise as they play key roles in advancing the president's policy preferences.
Office of Management and Budget (OMB) [nixon changed name from Bureau of the Budget to OMB]
the office that prepares the president's annual budget proposal, reviews the budget and programs of the executive departments, supplies economic forecasts, and conducts detailed analysis of proposed bills and agency rules.
rule or regulate issued by the president that has the effect of law. all executive orders must be published in the Federal Register.
limits presidents to 2 4yr. terms. a VP who succeeds a president is eligible for a total of 10yrs. in office: 2 years of a president's remaining term and 2 unelected terms
impeachment (the process)
the house is empowered to vote to impeach the president by a simply majority vote. the senate then acts as a court of law and tries the president for the charged offenses w/ the chief justice presiding. 2/3 majority vote in the senate on any count contained in the articles of impeachment is necessary to remove the president from office. (only 2 presidents-- bill clinton and andrew johnson have been impeached by the house. neither were removed from office by the senate)
congressional fast track authority
protects a president's ability to negotiate trade agreements with confidence that the accords will not be altered by Congress. Trade agreements submitted to congress under fast track procedures bar amendments and require an up or down vote in congress within 90 days of introduction
published in 1971; showed that teh Johnson administration had systematically altered casualty figures and distorted key facts to place the progress of the war in a more positive light.... encouraged congress to pass War Powers Act
over time, the units of EOP have become the prime policy makers in their fields of expertise as they play key roles in advancing the president's policy preferences. Among the EOP's most important members are the National Security Council, the Council of Economic Advisers, the Office of Mgmt & Budget, the Office of the VP, & the Office of the US Trade Representative
direct, presidential appeals to the electorate like those often made by recent presidents
--> FDR called reaching out to the public to gain support "the bully pulpit"
--> also means that a president goes over the heads of members of congress to gain support from the people, who can then place pressure on their elected officials in washington
their ability to enact public policy simply because of their name and office
--> for presidents and other public figures, approval ratings are often used as tacit measures of their political capital
a president sets national policy and priorities thru his budget proposals and his continued insistence on their congressional passage. The budge proposal not only outlines the programs he wants but indicates the importance of each program by the amount of funding requested for each and for its associated agency or department.
preparing the president's annual budget proposal; designing the president's program; reviewing the progress, budget, and program proposals of the executive dept agencies. It also supplies economic forecasts to the president and conducts detailed analyses of proposed bills and agency rules.
Youngstown Sheet and Tube v. Sawyer
court unequivocally stated that Truman had overstepped the boundaries of his office as provided by the constitution
executive orders CONTD
while many executive orders are issued to help clarify or implement legislation enacted by congress, other exec orders have the effect of making new policy.
--> presidents may also issue "signing statements" when signing leg. Often these written stmts merely comment on the bill signed, but they sometimes include controversial claims by the president that some part of the leg is unconstitutional and that he intends to disregard it or to implement it in other ways(happen at the end of leg proces
-natural born citizen
- at least 35 years old
-resident of the USA for at least 14 years
- term limit to 2 4yr terms
(VP must also be a natural born citizen and a VP who suceeds a president is eligible for a total of 10yrs in office: 2yrs of a president's remaining term and 2 elected terms, or more than 2yrs of a president's term followed by one elected term)
rules of succession
Presidential Succession Act 1947-- listed in order those in line after BP to succeed the president. the succession act has never been used b/c there has always been a VP to take over when a president died in office. The 25th Amendment was added to the constitution in 1967 to assure that this will continue to be the case. Should a vacancy occur in the office of the BP, the 25th A directs the president to appoint a new VP subject to the approval (by a simple majority) of both houses of congress.
rules of succession CONTD
25th A also contains a section that allows the VP and a majority of the cabinet (or some other body determined by congress) to deem a president unable to fulfill his duties. It sets up a procedure to allow the VP to become acting president if the president is incapacitated. President can also voluntarily relinquish his power
power to convene congress
constitution requires the Prez to inform the congress periodically of the state of the Union and allows him to convene either one or both houses of congress. in federalist no 77, hamilton justified the latter by noting that b/c the senate & the chief exec enjoy concurrent powers to make treaties, it might often be necessary to call it together w/ a view to this object, when it would be unnecessary and improper to convene the house.
this power as more important when congress did not sit 2sess
to help the president enforce laws passed by congress, the constitution authorizes him to appoint,w/ the advice&consent of the senate,"ambassadors, other public ministers and consuls,judges of the supreme courts, and all other officers of the US, whose appointments are not herein otherwise provided for, and which shall be established by law."
--> Prez has authority to make 3500 appointments to his administraction (of which 1000 need senate confirmation). also can remove appointees at will
power to make treaties
this power is checked by the constitution's stipulation that all treaties must be approved by at least 2/3s of the members of the senate. historically, senate ratifies about 90% of treaties (only 21 have been rejected ie: Treaty of Versailles)
--> senate may require substantial amendment of a treaty prior to its consent
--> presidents can also "unsign" treaties
--> congressional "fast track" authority protects a president's ability to negotiate trade agreements
power as commander-in-chief
article 2: prez is "commander in chief of the army and navy of the US". while the constitution specifically grants congress the authority to declare war, president since Lincoln have used the commander in chief clause in conjunction w/ the chief exec's duty to "take care that the laws be faithfully executed" to wage war. Prezs continually clash w/ congress over war issues.
evolution of presidential powers
I.) Establishing presidential authority=
- Washington sets precedent: primacy of national govt, Cabinet, foreign policy, neutrality, inherent powers
- John Adams and Jefferson follow suit
II.) Incremental expansion of presidential powers: 1809-1933=
- Jackson: veto
- Lincoln: habeas corpus, overriding congressional mandates, unconstitutional blockades, U.S. mail
III.) Growth of modern presidency
-FDR and the New Deal= presidents, not congress, make a bulk of the decisions
historically presidents hose their VPs largely to balance the presidential ticket, w/ little thought given to the possibility that he become Prez.
--> how much power a VP has depends on how much the president is willing to give. (jimmy carter 1st Prez to give his VP Mondale more than ceremonial duties) Cheney and Biden have been powerful
no official basis in the constit but it implied in Art. II sec 2, as an informal institution based on practice whose membership is determined by presidential discretion. This advisory group includes the heads of major exec depts & today pres often includes VP in cabinet meetings, as well as any other agency heads or officials.
--> major function is to help the president execute laws and assist him in making decisions
--> while the size of the cab has increased, reliance on cabsecretaries
White House Staff
often more directly responsible to the president are the members of the white house staff: the personal assistants to the president, including senior aides, their deputies, assists w/ professional duties, and clerical and admin aides.
As personal assistants, these advisers are not subject to senate confirmation, nor do they have divided loyalties. their power is derived from their personal relationship to the president, and they have no independent legal authority
white house staff-- chief of staff
job is to facilitate the smooth running of the staff and the exec branch. successful chiefs of staff also have protected the president from mistakes and helped implement policies to obtain the max political advantage for the president.
---> the white house staff has increased to generally about 500 staffers. Obama Admin has 490
research by political scientists shows that presidents can exercise leadership by increasing public attention to a particular issues. They revealed that the mentions of particular policies translate into more americans mentioning those policies as the most important problems facing the nation
neustadt calls president's ability to influence members of congress and the public as "the power to persuade"
very important! presidents who have high approval ratings are assumed to be more powerful leaders w/ a mandate for action that comes largely by virtue of high levels of supports. They are often able to use their clout to push controversial legislation, ie: patriot act, thru congress.
->president w/ low approval have their favored policies prevented, even when their party controls the legislature, as many of their partisans locked in close elections shy away from being affiliated w/unpopular P
president as a policy maker
FDR shifted the presidency into a law- and policy-maker role. Now the Prez and the exec branch not only execute the laws but generally suggest them and propose budgets to congress to fund these proposals.
--> modern presidents continue to play a major role in setting the leg agenda, espeically in an era when congress is narrowly divided among party lines
--> Prez should use party to build support for his agenda
Congressional Budget Office (CBO)
CBO was created in 1974 to evaluate the economic effect of different spending programs and to provide info on the cost of proposed policies. it is responsible for analyzing the president's budget and economic projections. the CBO provides congress and individual members with a valuable second opinion to use in budget debates
counil of economic advisors
among the EOP's most important memebers...
national security council
part of EOP-- established in '47 to advise the president on american military affairs and foreign policy. composed of the Prez, VP, sec of state, defense, and treasury. Joint chiefs of staff + CIA also participate. white house chief of staff and general counsel may attend --> ntl securty adviser runs the staff of the NSC, coordinates info and options, and advises the president
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