The Presidency

Explicit/Enumerated Powers

Execute the Military

Pardons
Law Authority

Veto Appointment
Diplomacy
Legislation to Positions
Pardons/Commutations

• Pardons – often
after the fact and a
formal gesture
• Commutations – end
sentences early for
people still
incarcerated
Implicit Powers

• Wage War
• Is it possible for the people or Congress today to add in the constitution
specifically what the President needs to do as the Commander in Chief of
the Army and Navy since it's vague? Why might Congress want (or not want)
to do this?
• Domestic Security
• Executive Agreements
• Executive Privilege
 • Populism
• Has the increased connection between
the president and the American people
contributed to a rise in presidential
power?
The Evolution • The Spoils System
of the • Party Building
Presidency • Unilateral Presidential Action
• Executive Orders –
https://www.presidency.ucsb.edu/s
tatistics/data/executive-orders
• Do you think executive orders are beneficial or
detrimental and why?
FDR

• The biggest agent of change for the Presidency

• Oversaw the largest expansion of government with the New Deal
• Also broke a presidential norm leading to a constitutional
amendment
• 22nd Amendment
The Line of Succession

• 1792 - Vice President, Senate president pro tempore

• 1886 – Vice President, Cabinet (Secretary of State first followed by
order of position creation)
• 1947 – Vice President, Speaker of the House, Senate president pro
tempore, Cabinet
• Why the Speaker and Senate president pro tempore before the
Cabinet?
• There have been a handful of temporary transfers as well
throughout history
Vetoes

• Veto has changed

• Used to be used about constitutional concerns
• Now more for ideological disagreements
• Threats of veto can be just as powerful as the real deal
• An example in action from Clinton:
https://www.youtube.com/watch?v=Hc8zjyk7--A
Executive Orders, executive
agreements and signing statements

• Executive Orders
• Advantages and disadvantages?
• Executive Agreements
• If you were representing a foreign country negotiating
with the US, would you prefer an executive agreement or
a treaty?
• Signing Statements
• Why would a President do this?
Appointments

• Cabinet Appointments
• Only 27 failed Cabinet Appointments in history
• 9 failed confirmation votes, the rest withdrawn
• Last failed vote in 1989
• 12 of the failed appointments have been since 1989
• Judicial Appointments
• Most powerful appointments by a president
• Lifelong appointments
• https://www.uscourts.gov/sites/default/files/apptsbypres.pdf
How to Build a cabinet

• By past experience – The Ohio Gang of Harding

• By knowledge – The Brain Trust of FDR or The Wise Men of JFK
• By disagreement – Carter’s Cabinet
• By subservience – Nixon’s Cabinet
• By party building – present in nearly all cabinets
 • Grown in power and prestige since 1992

The vice • Vice Presidents now often advise the president on

weak areas, or shepherd their own projects

presidency • What goes into choosing a Vice President?

• While the Vice Presidency has grown since 1992,
should the office have more authority?
Checks on Presidential Power

• Congress: overturning vetoes, blocking nominees and impeachment

• Should there be more positions that require confirmation hearings?
• Supreme Court: ruling on Constitutionality of actions
• The public: voting out a President
• Should the public have greater ability to check and balance the President's power?
• What is the problem with each other these?
• This issue can be applied to checks on power across the board for
government