Unit 5: Presidency 2 Flashcards
1
Q
List the 11 powers that the President Holds
A
- Power To Execute the Laws
- Ordinance Power
- Appointment Power
- Removal Power
- Power to Make Treaties
- Executive Agreements
- Power of Recognition
- Commander in Chief
- Veto Power
- Message Power
- Power of Clemency
2
Q
The Power to Execute the Laws
A
- The President must enforce, administer, and carry out the provisions of all federal laws
- Super broad powers (like commerce power)
- Must enforce all federal laws, regardless of personal feelings, though there is plenty of room for interpretations
- Laws must be enforced regardless of personal feelings. The President doesn’t get to pick and choose
- Ex. War on Drugs
- In the old days the laws on drugs were extremely enforced. Now the national government doesn’t focus on it as much, so the States see this as they are allowed to start creating laws that legalize some of it. For Doctors, etc.
3
Q
Ordinance Power
A
- The power to issue executive orders
- NOT A LAW. A law needs to be approved by Congress, and is something that cannot be changed or ignored
- They have the effect of law because they apply to the government. The president is ordering those around them how to do their job, like a manager and its workers. Which affects the customers
-Stema from the President as Chief Administrator. Executive orders create agencies, give them validity in their purpose, and the authority to enforce laws - The President would rather write laws instead of Executive Orders, because they can be changed in an instant. While laws are very very difficult to undo because it is signed by COngress and all the people.
4
Q
Appointment Power
A
- With Senate consent, The President can appoint ambassadors and diplomats, cabinet members, heads of federal agencies (EPA, NASA), all federal judges and attorneys, and officers in the armed forces. ALL MUST BE APPOINTED BY THE GOVERNMENT
- You can only get some jobs if the President picks you. Heads of Cabinets. Hiring people whose opinion you value
- The Senate must approve each appointment - give their “advice and consent.” This is a check and balance. MUST approve presidential appointments
- In extraordinary circumstances, an appointment may be made without Senate approval if the Senate is out of session. The President may grant temporary recess appointments, very rarely done because when the Senate comes back they will say No No No and act.
5
Q
Removal Power
A
- Power to remove any appointed officer, except for federal judges. The President may remove those whom the President appoints
- Cannot faithfully Execute the Laws with officers who are uncooperative or inept, so this power is as important as the appointment power. (you can’t get anything done if people are bad at their jobs)
- Federal Judges CANNOT be removed, so the President has no authority to threaten their jobs into voting how they, or turn something in their favor. The only way they can be removed is by impeachment
6
Q
Power to Make Treaties
A
- The President has the power to negotiate treaties, all of which must be approved by 2/3 of the Senate
- If a group were to negotiate treaties there would be many different views, and we can’t expect another country to accommodate all of it
- Formal agreement between 2 states, carries the same power of law as an act passed by Congress
- Congress must approve the treaties, the President negotiates, but must work with the Senate to find out if it’s what the people want
7
Q
Executive Agreements
A
- Pacts made between the President and the leader of another country. Require no Senate action, but do not carry the force of law in the US Why?
- it is not a treaty because it does not have to
be signed by Congress, because it is not a law
- it is not a treaty because it does not have to
- A common way for the President to come up with deals and agreements that wouldn’t really affect us as citizens
8
Q
Power of Recognition
A
- The President acknowledges the legal existence of a country or government
- Why is this important?:
- Recognition gives a country legitimacy, not doing so does the opposite
- Means that we are saying a country, in our opinion, has the legal authority to exist and/or govern
- Ex. Mexico had an election, and it was fair, the government will be nice and recognize them, trade, and by friendly
- Recognize: Willing to work together, do diplomacy, trade ambassadors, do actual trade. it normalizes the relationship and country, and other countries feel more confident to recognize them as well
- On the opposite end they would recall ambassadors, stop all trade and travel, cut off ALL relationships
9
Q
Commander in Chief
A
- The President is the commander of the entire military. Other than declaring war, there is little the President cannot do in regards to military power
- War Powers Resolution: The President must inform the Congress of military action within 48 hours. Congress must agree to any conflict lasting longer than 60 days. Congress may end a combat commitment with a concurrent resolution
- Congress authorizes it by finding money in the budget to fund
- After 9/11 they never pronounced war against them, but they used this to spend money on counteracting terrorism
10
Q
Veto Power
A
- The President has 4 options when receiving a bill: Sign, Veto, ignore for 10 days and let it pass (Congress in session), or let it fail (Congress is out of session)
- Why is the veto a powerful tool for the President?
- Because getting a 2/3 majority in both
houses are extremely difficult, just the threat
of a veto is enough to influence legislation.
The only way to override a veto but it is very
very difficult - If the President ignores a bill for 10 days, If
the Congress is in session they can ask it, but
if they are out of session it will be a pocket
veto - A bill is around 400 pages, hundreds of hours
and collaboration. Congress constantly talks
to the white house to ensure that the
President likes it. The threat of a veto really
influences legislation because they spend SO
MUCH TIME on it.
- Because getting a 2/3 majority in both
- If the President is sent a bill that gets rid of all taxes for the people, he realizes that the government needs money, so he will ignore it for 10 days, it will be the Congress that passes or ignores it, not hi. Keeping him still being popular
11
Q
Message Power
A
- The President may recommend legislation to Congress. Usually done at the State of the Union
- This isn’t really a power. But the Constitution empowers the President to recommend legislation to Congress
- 3 times a year:State of the Union, Budget Address, Annual Economic Report
- Bully Pulpit: The government does not win the sound waves, giving the people the Internet and letting talk shows release and stuff like that
-They can use their power to televise
themselves, or send a text to an entire state
(Hawaii, etc.)
12
Q
Power of Clemency
A
- Power to grant a pardon or reprieve (postpones sentence)
- To pardon someone who committed a crime. Don’t need to put on your job application that you committed a crime, etc.
- To Reprieve is to say that the government believes you are guilty, but it wasn’t enough to actually punish you
- Ex. in 20 years you will go to jail for 5 years.
But if you are good then you won’t have to
serve your sentence.
- Ex. in 20 years you will go to jail for 5 years.
- Commute a Sentence: You committed a crime but we were a bittttt extra, so they reduce the length of a sentence to a fine
- Power of Amnesty: A blanket pardon to a group of lawbreakers.
- Ex. Everyone who committed this crime has
the government forgiveness, no prosecution
- Ex. Everyone who committed this crime has
13
Q
Expressed (Formal) Powers v. Informal Powers
A
- Expressed (Formal): Commander in Chief, grant pardons, make appointments, Execute the laws, make treaties, recommend measures
- Carries the force of law because it is signed by Congress
- Informal: Executive Orders, Executive Agreements
- Informal because they do not require Congressional action
