Sources of Presidential Power

Intro

Presidency has changed since the beginning

Have to address weaknesses of A.o.C

3 Main types of powers, other have emerged

1- Country has changed, people have changed, and ideas of presidency has changed.

3- Expressed (Constitution), Inherent( Constitution), and Statutory

Expressed Powers

Word for Word in the Constitution

8 in Total

Provide the basis for other powers

2- Commander in Chief, Appointment power (Judges, Ambassadors, Cabinet Positions), Pardon of Crimes, Enter into Treaties with Senate Consent, State of the Union, Convene Congress, Receive Ambassadors, Commission military officers.

Inherent PowersTake Care Clause

Also allows the president to handle all executive actions

Overall these powers are inferred from the Constitution

Used more often than any other power

1- Gives the president the power to enforce all the laws

3- Nothing in the Constitution grants the president power to buy land, 800k acres for $15 Millions

Inherent: ExamplesLouisiana Purchase

800k Acres of Land for $15 Million

Nothing in the Constitution about buying land

Done to advert possible war with France

Ultimately everyone agreed with action

1b- Seemed Hypocritical since Jefferson argued for small federal government

1c- Gets France away from the US, and gives them money to fight England

1d- grants the president more power

New Deal Programs

Established under FDR

Designed to alleviate issues of Great Depression

Guantanamo Bay

Bush 43 suspended civil liberties of “enemy combatants”

1b- CCC, TVA, Social Security

ACA/Obamacare

Expanded Gov’t Programs

Provided Subsidized Insurance

Federal Government is now involved

1a- Medicare

1c- Never been involved in healthcare for general populous

StatutoryPresidents are given powers by law

Line-Item Veto

Only veto parts of the bill they don’t like

Bill Clinton only 1

2b- Declared unconstitutional (violates separation of powers), never used

Executive OrdersOrders that carry the weight of laws

Four Uses

Enforcement of statutes or SCOTUS Rulings

Specific Provisions of Constitution

Guide the Administration of Treaties

Change Regulatory Guidelines

1-Few limitations, just can’t raise taxes or appropriate funds

Often used to show presidential priorities

Used to bypass Congress

Congressional inaction

Congress refusing to work

Truman and Desegregation

2- Used more and more in recent years

3- Use of executive order to desegregate the military

Emergency PowersDesperate times call for desperate measures

US v. Curtiss-Wright Export Corp.

FDR banned export of Machine Guns to Bolivia

Curtis-Wright violated

Court rules presidential powers go beyond expressed powers

1-Lincoln suspended habeas corpus and drafted state militias during the Civil War

2c- Plays into foreign policy powers

Executive PrivilegePresident can withhold information from the courts and Congress

Been around since the beginning

Generally used to protect communications with aides

Sensitive negotiation with foreign leaders often shielded too

1-Resolves around national security

2- Washington refused to turn over treaty negotiations

Executive Privilege doesn’t apply to legal proceedings

Judicial Branch has given broad authority to the President

Accusations of misdeeds not protected by executive privilege

1-US v. Nixon (74): Nixon tried to withhold White House tapes from criminal proceedings

2- Separation of Powers

3- President Clinton and Lewinsky affair. Trump and Ukraine?