Hail to the ChiefHail to the Chief

• On your worksheet, define formal and informal powers

• Using your copy of the Constitution, sort the powers granted in the Constitution into the correct Role of the President listed on your worksheet

Presidential Powers• Formal Powers = those that are

found in Article II of the Constitution

• Informal Powers = powers that are not explicitly written in the constitution– Occurred due to custom/tradition

or historical circumstance– Informal powers EXPAND the

power of our Presidency

"Under the doctrine of the separation of powers, the manner in which the president personally exercises his assigned executive powers is not subject to questioning by another branch of government.“ – R.M. Nixon

Formal Powers

Formal Powers: Commander-in-

Chief• Commander in Chief of the Army, Navy,

Air Force, Marines– Formal Declaration of War comes from Congress

• Can call the State Militia (National Guard)

• Appoint Military Officers

President Bush aboard U.S.S. Lincoln, May, 2003

Formal Powers: Chief Executive

• Ordinance Power – power to run the executive branch–May issue “commands” or

“orders”

–Used to run Executive Branch

–“Faithfully execute” the laws

President Bush holds cabinet meeting in October, 2005

President Clinton with Janet Reno, the first female Attorney General,

February, 1993

Formal Powers:Chief Executive

• Appointment Power–Federal Judges

–Cabinet members

–Heads of Agencies

–Ambassadors

• Removal Power–No approval

needed

–Only applies to appointees within Executive Branch

–No elected officials

Formal Powers:Chief Diplomat

–Make treaties• Confers with Secretary of State

• Needs 2/3 Senate approval–Not all are approved: Treaty of Versailles,

Kyoto Agreement

–Recognize Nations

–Receive Ambassadors

–Spokesperson for US to other nations

President Obama and Russian President Medvedev sign the New START Treaty to reduce Nuclear armaments

Formal Powers:Chief Legislator

• Give State of the Union address to Congress

• Convene both houses of Congress

• Laws– Veto

– Sign

– Pocket Veto – not sign at end of Congress’ Session

– Not sign – becomes law in 10 days

Informal Powers

Informal Powers:Chief Executive

• Executive Orders

• Executive Agreements

• Executive

Informal Powers:Chief Executive

• Executive Orders - orders that have the weight of law•Don’t have to be

approved by any other branch or person Clinton signing his

“don’t ask don’t tell” executive order for gays in the military

Informal Powers:Chief Executive

• Executive Agreements - International agreements made by a president that has the force of a treaty• does NOT need Senate approval

• Usually Trade Agreements

– Examples: Destroyers (50 to GB) for Bases, – FDR

– NAFTA (Clinton) Jefferson made an executive agreement with France to make the Louisiana purchase

Informal Powers:Chief Executive

• Executive Privilege - Claim by a president that he has the right to decide that the national interest will be better served if certain information is withheld from the public, including the Courts and Congress

• United States v. Nixon (1973) – presidents do NOT have unlimited executive privilege (Nixon Watergate tapes)

• Eisenhower – during Army-McCarthy hearings

Informal Powers:Commander and Chief

• Sending Troops into battle without a Formal Declaration of War– Korean War– Vietnam

• War Powers Resolution (1973)– Report to Congress in 48 hrs– 60 days + 30 days + Declaration of War or STOP– Congress can STOP anytime

Informal Powers:Chief Legislator

• Introducing/Influencing Legislation– Teddy Roosevelt – National Parks– FDR’s New Deal– Obama’s Healthcare Reform

Presidential Powers

• Limited - Fearful of strong Central Government–Constitution – Article II• Impeachment – applies “rule of law” to

President–22nd Amendment – Term limits

• Expanded – To avoid Congress’s approval– Executive Orders– Executive Agreements– Sending troops without Formal Declaration– Introducing legislation

Checking the Judicial Branch• Appointment of Federal and Supreme Ct. Judges• Reprieve

– To delay the punishment/sentence of someone convicted• Commutation

– To reduce penalties (sentences)• Amnesty

– A pardon/forgiveness for an offense, especially a political offense• Ex: Washington granted amnesty to those involved in Whiskey Rebellion

• Pardon– To forgive of a crime and cancel any penalty– EXCEPT in cases of impeachment

• Ex: President Ford pardoned former President Nixon

Informal Power:Party Leader

• Power to lead the political party– During Campaigns– Developing party

platform

Informal Powers:Executive Branch

• Creation of the Cabinet

Questions for Discussion

• Why have informal powers developed?• Why are informal powers more important than

formal powers particularity in the modern era?• What are some of the advantages and

disadvantages of the Presidents use of informal powers?

• How do you think the framers would have felt about the Modern Presidency and the use of informal powers? Defend your answer?

Questions for Discussion

• Why have informal powers developed?– Avoid Congressional approval

– Historical events necessitated

– Varying degrees of Presidential leadership• Some Presidents saw the role as administrative only

• Others saw the need for increased constitutional powers as necessary to accomplish the job– Need to used powers to deal with economic and social

problems

– Greater need to win passage of legislative agenda

– Greater need for influence in foreign affairs and national security

Exit Slip

• Name two formal powers of the President and the role they fulfill

• Define Executive Orders and Executive Agreements

• What is one limitation on the President’s power

• Why has the power of the Presidency expanded through informal powers

Qualifications for President

Presidential Qualifications

• Formal Qualifications – written in the United States Constitution, Article II Section I1. 35 years old2. 14 year resident of the US3. Natural Born Citizen

Fortunate Son Recorded by Creedence Clearwater Revival (1969)

Some folks are born made to wave the flag,

Ooh, they’re red, white and blue.

And when the band plays, “Hail to the Chief,”

Ooh, they point the cannon at you, lord,

It ain’t me, it ain’t me, I ain’t no senator’s son, son.

It ain’t me, it ain’t me, I ain’t no fortunate one, no.

Some folks are born silver spoon in hand,

Lord, don’t they help themselves, oh.

But when the taxman comes to the door,

Lord, the house looks like a rummage sale, yes,

It ain’t me, it ain’t me, I ain’t no millionaire’s son, son.

It ain’t me, it ain’t me, I ain’t no fortunate one, no.

Fortunate SonRecorded by Creedence Clearwater Revival (1969)

Some folks inherit star spangled eyes,

Ooh, they send you down to war, lord,

And when you ask them, “How much should we give?”

Ooh, they only answer more! more! more! yo,

It ain’t me, it ain’t me, I ain’t no military son, son.

It ain’t me, it ain’t me, I ain’t no fortunate one, one.

It ain’t me, it ain’t me, I ain’t no fortunate son, son.

It ain’t me, it ain’t me, I ain’t no fortunate son, no, no, no.

Presidential Qualifications

• Informal Qualifications– Gender– Race– Religion– Age – Education– Political Positions

• Governor• Senator

• Informal Qualifications– Military History– Geographic background– Family– Personal History– Political Leanings

Informal qualifications have changed over time.

Demographic Characteristics of U.S. Presidents

• 100% male• Almost 100%

Caucasian• 97% Protestant• 82% of British

ancestry• 77% college educated

• 69% politicians• 62% lawyers• >50% from the top 3%

wealth and social class• 0.5% born into

poverty• 69% elected from

large states

Presidential Benefits• $400,000 tax-free salary

• $50,000/year expense account

• $100,000/year travel expenses

• The White House

• Secret Service protection

• Camp David country estate

• Air Force One personal airplane

• Staff of 400-500

Christmas at the White House, 2004

Presidential Superpowers• You are to create a Presidential Superhero that

represents all of the different roles that the President plays in our government. You have 2 different options:

1)Create a superhero and weapons/powers that reflect the different roles of the President

2)Create a story by making a comic strip that tells a story of the Presidential superhero using all of his powers.