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Ch9 sec1

Published on Feb 04, 2016

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PRESENTATION OUTLINE

PRESIDENTIAL POWERS

CH. 9 SEC. 1

The presidential powers are not mentioned in the constitution. They develop over time changing to the needs of the people.

Mandate- the need of the people.

CONSTITUTIONAL POWERS

The founders made the president the leader of the executive branch. Having revolted from the king, the founders did not want to recreate there former monarchy.

The founders knew the main weakness in the articles of confederation was it's lack of independent executive. But without an executive the government had no one to carry out actions of congress.

Second many of the founders distrusted direct participation of the people in decision making. The founders feared mass democratic movements.

Consequently, they wanted a strong executive branch that would protect the liberty, private property, and businesses would hold the legislative branch.

Section 2 and 3 of article II define the presidents powers: as commander in chief of the armed forces, the president is mainly responsible for the nations security.

Also stated on article II sections 2 and 3: as head of the executive branch the president appoints heads of executive departments with the senates consent.

The president also has judicial powers,to appoint federal court crimes except in cases of impeachment, or to reduce a persons jail sentence or fines.

INFORMAL SOURCES OF POWER

The constitutions list of presidential powers is brief and simple, but has expanded greatly since washing tons time.

In 1803 Thomas Jefferson made the Louisiana purchase. Nothing in the constitution , however, stated that he could do that. So Jefferson decided that the presidency had inherent powers.

Inherent powers- powers that the national government may exercise simply because it is government.

Theodore Roosevelt expressed the broad view of presidential powers, explaining that it was both the presidents right and duty to "do anything that the needs of the nations demanded, unless such action was forbidden by the constitution of by the law."

" I have used every ounce of power there was in the office and I have not cared a rap for the criticism of those who spoke of my 'usurpation' of power;... I believe that the efficiency of this government depends upon it's possessing a strong central executive..."
- Theodore Roosevelt, 1908

Mandate- strong popular support, one of the greatest sources of power for the president.

Forum- medium for discussion for presidential messages.

LIMITS ON PRESIDENTIAL POWERS

WHO CAN LIMIT THE PRESIDENT

  • Congress
  • Federal courts
  • Bureaucracy
  • The public

The founders built significant safeguards against the abuse of presidential powers, but there are other limitations that are not mentioned in the constitution.

A Congressional override can limit the presidents veto (or the effectiveness in carrying out a legislative program or in using an executive power.)

War Powers Act prevents presidents from committing troops to combat for more than 60 days without congressional approval.