Chapter 12

Question 1

The President’s Jobs Descriptions

Answer 1

Head of the executive branch:
Constitutional authority and statutory authority
Constitution “vests” the executive power in the president
President is also the head of state, and thus symbolically represents the nation as a whole. As the head of the Executive branch the President has broad powers and discretion to issue orders to government agencies that can result in significant policy changes.
Executive privilege: The right to keep executive branch conversations and correspondence confidential. Supreme Court found (United States v. Nixon) that executive privilege exists, but is not absolute

Presidential powers:
“Take care that laws are faithfully executed”
Most powers are shared with Congress
The president’s job can easily be considered to be a clerk: simply taking the legislation passed by Congress and implementing these laws. Moreover, in a narrow reading of the Constitution, the president has little authority to act as a unitary actor.
Make appointments
- Shared with Congress
- Can bypass Senate consent when or if Congress is in recess
Executive orders
- Change government policy without congressional consent
- Constrained by threat of legislative or judicial action to counter any executive orders

Commander in Chief:
Shared power
- Congress raises and supports army
- President controls troops
- Congress declares war
- President often has discretion when Congress unable to oppose action
War Powers Resolution 1973
Treaties
- Shared power
- President has first mover advantage
- President negotiates
- Two-thirds majority of the Senate needs to approve
- Bypassing congressional vote
- Announce voluntary participation
- Issue executive agreement

Legislative power:
- Recommend policies in State of the Union
- Lobby and negotiate with members of Congress
- Can veto legislation
- Most common under divided government
- Occasionally have the opportunity to use the pocket veto

Question 2

The War Powers Resolution of 1973

Answer 2

1. The President is required to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities.
2. The use of force must be terminated within 60 days unless Congress approves of the deployment. The time limit can be extended to 90 days if the president certifies that additional time is needed to safely withdraw American forces.
3. The president is required whenever possible to consult with Congress before introducing American forces into hostilities or imminent hostilities.
4. Any congressional resolution authorizing the continued deployment of American forces will be considered under expedited procedures.