presidential powers
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Presidential Powers. 2010 – Law and Gov - Cummings. What does the president do?. The President’s “job” is actually a collection of different responsibilities. They can be divided into 4 main areas of power Executive Diplomatic Legislative Judicial. Executive Powers. - PowerPoint PPT PresentationTRANSCRIPT
PRESIDENTIAL POWERS2010 – Law and Gov - Cummings
What does the president do?
The President’s “job” is actually a collection of different responsibilities.
They can be divided into 4 main areas of power Executive Diplomatic Legislative Judicial
Executive Powers The President’s
Executive powers are divided into three main areas:
Executing or enforcing the law
The creation of executive orders
The hiring and firing of officials
Executing the law The President’s job is to
“execute the law” meaning that quite literally he must enforce it.
While legally what he enforces is not up to him, how far he prosecutes or enforces the law is.
This can lead effectively changing the law
For example: http://politics.usnews.com/news/national/articles/2009/02/27/under-obama-drug-war-tactics-poised-to-shift.html
Executive Orders The President may also
write “Executive Orders” which clarify existing law
This can effectively change certain laws and are a way for a President to create and enforce new laws
Famous cases of this include: The Emancipation
Proclamation Desegregation of the
Armed Forces Internment of Japanese
Citizens during WWII
There are some stranger Executive orders as well, like: E.O. 5658 – How to
write executive orders (font, grammar, etc)
E.O. 1884 – Making it illegal to carry a torch at night in Panama
http://www.mentalfloss.com/blogs/archives/21442
Appointments and Firings The President has the
right to hire and fire high ranking staff members such as Ambassadors, Judges, and other important staff members
Some of these members, such as Supreme Court Justices, still require approval from the Senate
Diplomatic Powers In his or her role as
head of state, the President also takes a large part in Foreign affairs by being responsible for things such as treaties, executive agreements, recognizing nations, and powers during war
Treaties vs. Executive Agreements
TREATY EXECUTIVE AGREEMENTS A treaty is an agreement
between two nations that is often quite large in scope
It often involves defense agreements and large policy decisions
Because of this any treaty a President creates must also be approved by the Legislative Branch
A treaty can be enacted by a 2/3 vote of the Senate or a Joint resolution of the entire Congress
Executive Agreements on the other hand are often smaller and often tied to treaties.
Because of this, they are not usually bound by Congress and usually agreed upon ahead of time
This ultimately makes them easier to pass than Treaties
Diplomatic Recognition Recognizing a nation is often
a way to politically influence the world. This creates embassies, ambassadors, and often affects entire regions
On the other hand, not recognizing a nation or declaring a leader or ambassador “persona non grata” can often show displeasure in a nation.
The President has the power to do both of these, much like deciding “who sits at the cool table” at lunch.
Commander in Chief Technically, the President is
also the head of all US military forces.
Most often this is left to generals, but in some cases a President can take a strong lead in the military
Some did: Washington Lincoln
Some didn’t even though they were great generals: Eisenhower Grant
Undeclared War A President can often send
a country to war, even though technically he needs Congressional Approval.
In order to prevent abuse of this ability, Congress must be briefed in 48 hours of engagement
In addition Congress can end engagement at any point in time and must vote on any military spending bill (which can effectively end a war).
Legislative Powers The President is
also the final authority on many laws, approving or vetoing laws as well as recommending new legislation.
Recommending Legislation While the president
cannot specifically introduce bills, he can specify what policies he wants to pursue in law.
This often takes form in “policy initiatives” or campaign goals. ex. Healthcare Stimulus
These ideas are not technically the President’s entirely, but they are often considered that way.
VETO! Perhaps more
importantly, a President signs bills into law or vetoes them; shooting them down.
A veto can be overruled with a 2/3rds majority of Congress.
There are 4 ways this can happen Vetoing the bill Signing the bill into law Not signing the bill,
effectively letting it pass A “pocket veto”, not
signing the bill into law and letting it die because there are less than 10 days left in Congressional Session
Taking the Law into your own hands…
Lastly, the President has the Judicial authority to pardon, commute, or reprieve any crime committed by a US citizen
This is often an unpopular part of the President’s powers, because of this, the President often does it at the end of his term (although not always). (Pardoning the turkey on
Thanksgiving)
Scenarios You are the
President of the United States of America During your time,
some strange things have happened.
Can you use your powers to get what you want?
What obstacles will you encounter?
The Bill Mitchell Jobs Bill “President” Bill Mitchell
has died, and you have taken over the Presidency
Despite telling “Dave” that you liked the jobs bill, in truth you hate it.
What can you do to stop it?
“President Mitchell” died in office, making him very popular, what might you have to worry about if you stop it?
Get off my plane! As President, you
have seen the country of Kazakhstan become more and more radical.
It has a full nuclear arsenal and you cannot risk war.
What can you do diplomatically to undermine the nation of Kazakhstan?
Independence Day You have just
successfully defeated a fleet of alien spacecraft. Unfortunately, the conflict continues.
One problem… Congress got blown up by the aliens so it can’t declare war.
What do you need to do to continue the war?
Recovering from an extinction level event
You are President Morgan Freeman
The United States has been hit by a meteor and much of the Eastern Seaboard is dead.
The Supreme Court, many embassies, and other influential posts are without people in them.
What can you do?
Brawndo! It has electrolytes!
You are President Camacho!
The plants won’t grow. The Brawndo Corp. is
forcing a bill through Congress which would make it illegal to use water (and not Brawndo sports drinks) to water plants
What can you do to stop this? How can you get Congress to consider a new idea?
I was elected to lead! Not to read!
As President Schwarzenegger, you want to get your friend Sylvester Stallone out of prison (he was arrested for illegally importing steroids)
What can you do? If you can do this, what
might be the negatives? How can you lower your exposure to unpopularity?
Abe Lincoln – Vampire Hunter As President Lincoln, you
need to fix the vampire problem rampant in this country (especially since Twilight came out).
There are very old laws on the books about killing vampires dating back to the days of witch trials, but no one ever enforced them.
Also, due to the popularity of vampires amongst members of Congress, there is no way any new laws will be passed to help you.
What can you do to stop the problem?