POLS 110 Presidency copyright Paul Johnson 2012 Overview What we expect Constitutional/Formal Powers Implied Powers Expectations/roles Chief of State (ceremonial/symbolic) Chief Administrator Economic Manager Foreign Policy leader Leader of Legislature (?) Leader of Party Formal Powers "Enumerated powers" are in Article II of Constitution Limited Veto Power Can stop any law, unless Congress overrides (2/3 both houses) Commander in Chief Appointments: exec officials and Sup Ct. justices (advice and consent of Senate) More Formal Powers Negotiate Treaties (advice and consent of Senate) Other misc: reprieves & pardons, call emergency sessions of Congress, request opinions of top administrators Other Const. Provisions Chosen by Electoral College (12th amend. 1804) Impeachment process: House "charges": treason, bribery, high crimes & misdemeanors Senate "convicts" Andrew Johnson, Bill Clinton 2 terms (22nd amend., 1951) Succession (25th amend. 1967) Hint, hint What's the big deal so far? Huge expectations Minimal Formal Powers Compare to Congress Congress has big Article I "substantive powers" Amendments have put new power/responsibilities on Congress Implied powers Definition: things that presidents do and "get away with" Also called Inherent Powers Where do implied powers come from? Constitutional Justification: ? (no necessary & proper clause) "executive power shall be vested in a President" "He shall take care that the Laws be faithfully executed" Political Justification: "I dare you to try and stop me." How does the Pres. win this game? Sup. Ct. does not declare actions unconstitutional And Congress does not pass a new law to explicitly take away pres. power Make War (not love) Foreign military intervention Lots of presidents have done it Politically irresistible offer War Powers Act (1973) tried to control Emergency Powers Lincoln was a pioneer abuser of these powers, suspending trial rights Harry Truman took over steel mills. Courts have ruled these are unconstitutional abuses of power Executive Agreements Make deals with other countries Don't require Senate ratification Have legal status "higher" than ordinary laws Case Act (1974) required disclosure Executive Orders Tell agencies what to do Can significantly alter meaning of laws Might be classified as top secret! Executive Privilege Right to keep secrets from Congress/Courts Nixon lost argument in Watergate Tapes case Reagan lost "superfund" argument Clinton lost arguments in Starr effort to question secret service agents. Break the law Iran/Contra affair Law banned intelligence agencies from intervention in Nicaragua NSC (an advisory body) "went operational" and sold missiles to Iran to raise money to help "our side" in Nicaragua Scandal ensued