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Executive Branch
Presidential Powers--Formal

Military Power—Commander in Chief
 Expansive
power even though Congress
attempted to limit this power with War
Powers Act of 1973
 President must notify Congress within 48
hours and can only commit troops for 60 days
unless Congress approves an extension
 Congress not likely to force president to
withdraw troops
Presidential Powers--Formal

Diplomatic Power
 Treaties
(2/3 Senate must ratify)
 Executive Agreements (force of treaty without
Senate approval, only good for President’s
term)
 Diplomatic Recognition
Presidential Powers--Formal

Appointment Power
 Roughly
3,000
 Federal judges, ambassadors, cabinet heads
 2/3 approval from Senate
 Can remove appointees without Senate
approval except for judges
Presidential Powers--Formal

The power to say no
Veto messagestatement that president sends to
Congress accompanying bill w/in 10 days after bill has
been passed (can be overridden by 2/3 vote of both
chambers)
 Pocket vetoif president does not sign bill within 10
days and Congress has adjourned
 Line item vetoability of president to approve some
parts of bills and not others



Line Item Veto Act 1996 (gave Pres. Power to use line item
veto in appropriations bills
UnconstitutionalClinton v. City of New York
Presidential Powers--Formal

Convene Congress
 Can
convene special sessions of Congress to
get things done
 Must deliver State of the Union “from time to
time”evolved into once per year

Pardon
 Not
used often, but president can release
those convicted of crimes from punishment
 FordNixon, Carterdraft dodgers
Presidential Powers--Informal

Executive Privilegeability of president to argue
that he/she does not have to divulge private
communications (power has been limited)
Separation of powers and national security argument
 US v. Nixon (1973)no absolute right to executive
privileges
 Nixon v. Fitzgerald (1982) President can’t be sued
for damages related to decisions made while in office
 Clinton v. Jones (1998)protections in Fitzgerald do
not extend to civil suits

Presidential Powers--Informal

Impoundment
 Refusal
to spend money that Congress has
appropriated (authorization, appropriation) as
a way to limit congressional power
 Budget Reform and Impoundment Act 1974
 President
must spend all appropriated funds unless
Congress approves impoundment
Presidential Powers--Informal

Power of Economic Planning (government
involvement in the economy)
 Federal
Reserve System(1913) board
appointed by President, approved by Senate
for 14 year terms, chair is elected by board
for 4 years FDRNew Deal
 Nixonwage and price controls during
recession
Presidential Powers--Informal

Persuasion
3
audiences
 Washington
insiders
 Party activists Washington outsiders
 Public
1
president but 535 members of Congress
 Increased technology/media makes it easier
for President to get message across
Presidential Powers--Informal
Agenda Setting--ability of the President to
set national policy priorities (Bush and
social security, Obama and health care)
 implied from the idea that President must
give the State of the Union
 Presidents have an advantage in foreign
policy

How powerful is the President?
Overall trend is increase in presidential
power
 Power of Economic Planning—increase
 Executive Privilege—decrease
 Impoundment of Funds—decrease
 Persuasion—increase
 Commander in Chief—increase
