AMERICAN GOVERNMENT

* 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

What does the executive branch of government have to do with Human

Rights?

The FramersWho 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

“The presidency is often called ‘the most powerful office in the world.’”

dassit

Main Factors Influencing Presidential Growth

– Media– National Crisis– Congressional Deference

MediaThe media has a huge influence on how the president is received and responded to with regards to his or her actions and affiliations. – The media shows the people what is

going on in the government today and how the President is dealing with today’s issues.

– It is a good way for the President to gain supporters and tell show the public how he/she is using his/her Presidential Powers.

The Media…Keeps the public in-touch with what is going on in the

latest debates and candidates for the Presidential Election of 2012.

National CrisisCrisis 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.

Obama says U.S. faces “crisis,” and proposes Job’s PlanSeptember 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/

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!"

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 Executive2. Commander-in-Chief3. Chief of State4. Head of the Party5. Chief Diplomat6. Chief Citizen7. Chief Legislator8. Chief Economic Planner

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

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.

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.

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.”

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.

Chief of StateAs 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

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

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

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.

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.

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.

President’s Orders

*Executive Order A directive, rule, or regulation that has the effect of law.

*Ordinance Power The power to issue executive orders.

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.

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.

How does any of this have any affect on Human Rights?

This has every affect on Human Rights. The most basic human right is the right to be heard and listened to—something the President must do in order to fulfill the 8 roles given to him/her. The most important role the President plays that has the greatest affect on Human Rights is Chief Citizen & Chief Legislator.

With the President’s power to propose bills as Chief Legislator, he/she can propose any bill that can improve life and the welfare of the people in the nation. As Chief Citizen, the President must listen to what the people of the country are saying. For example, President Obama proposed National Healthcare.

Obama & Clinton Promote Gay Rights Around the World

October 1, 2011: Washington: President Obama forcefully called for the repeal of the Defense of Marriage Act on Saturday night at the annual Human Rights Campaign fundraising dinner, but he did not come out in support of marriage equality, as some hoped he would do.

The 3,000 attendees at the dinner, which took place at the Washington Convention Center, gave the president multiple standing ovations when he touted the repeal of “Don't Ask, Don't Tell,” hospital visitation rights for same-sex couples and spoke out against the bullying of LGBT youth.

The most electric reaction, however, came when Obama sharply criticized the GOP presidential candidates for staying silent when audience members at a debate booed a gay soldier who asked a question about DADT.

“We don't believe in the kind of smallness that says it's okay for a stage full of political leaders—one of whom could end up being the president of the United States—being silent when an American soldier is booed. We don't believe in that.”

- Obama to loud cheers & standing ovation

“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

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.

“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.”

Mark your calendars!

Citations• http://www.bu.edu/law/central/jd/orga

nizations/journals/bulr/documents/MARSHALL.pdf

• Magruder’s “American Government” (pages 390-397)

• Thomas Cole, The Course of the Empire: Destruction, c.a. 1836, Oil on Canvas

• http://managementhelp.org/chiefexecutives/index.htm

• http://www.slideshare.net/vmboda/presidential-roles-44544

• http://learningtogive.org/lessons/unit108/lesson1.html

• http://www.scholastic.com/teachers/article/seven-roles-one-president

• http://www.cyberlearning-world.com/nhhs/staff/ppt/president/tsld009.htm

• http://www.cyberlearning-world.com/nhhs/staff/ppt/president/sld009.htm

• http://www.huffingtonpost.com/2011/10/01/obama-hrc-speech-gay-rights_n_990574.html