Judicial Notes

CHAPTER 14 NOTES

Article II
Article II, the Constitution’s Executive
Article, begins this way:
“The executive power shall be vested in a President of the United States of America.”
With these few words, the Framers established the presidency.

Why Presidential Power Has Grown * Over the course of American history, the champions of a stronger presidency have almost always prevailed. * The nation’s increasingly complex social and economic life has also influenced the growth of presidential power. * By passing laws and expanding the role of the Federal Government, Congress has increased presidential power as well. * The ability to use the mass media, as every President since Franklin D. Roosevelt has, aids in gathering and holding public attention.

The Presidential View
The nature of the presidency depends on how each President views the office and exercises its powers.

Executing the Law * As chief executive, the President executes (enforces, administers, carries out) the provisions of federal law. * The oath of office instructs the President to carry out the laws of the land. * The other provision is the Constitution’s command that “he shall take care that the laws be faithfully executed.”

The Ordinance Power
The President has the power to issue executive orders. An executive order is a directive, rule, or regulation that has the effect of law.
The power to issue these orders, the ordinance power, arises from two sources: the Constitution and acts of Congress.
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Although not specifically mentioned in the Constitution, the ordinance power is clearly intended.
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The size of government has caused Congress to delegate more and more discretion to the President and presidential subordinates.

* The Appointment Power 
• With Senate consent, the President names most of the top-ranking officers of the Federal Government, including: 
(1) ambassadors and other diplomats; (2) Cabinet members and their top aides; 
(3) the heads of such independent agencies as the EPA and NASA; 
(4) all federal judges, attorneys, and U.S. marshals; (5) all officers in the armed forces.

The Removal Power
Debate ensued in the First Congress as to whether the President could remove appointees without the consent of the Senate.
The view that the President may remove the officials he appoints without Senate consent has prevailed over time.
In general, the President may remove any appointees except federal judges.

The Power to Make Treaties * A treaty is a formal agreement between two 
or more sovereign states. * The President, usually through the secretary of state, negotiates these international agreements. * All treaties must pass approval by a two thirds of the members present vote in the Senate.

Executive Agreements
• An executive agreement is a pact between the President and the head of a foreign state, or a subordinate.
•Unlike treaties, executive agreements do not require Senate consent.

* The Power of Recognition 
The power of recognition is exercised when the President, acting for the United States, acknowledges the legal existence of another sovereign state. * • The President may show American displeasure with the conduct of another country by asking for the recall of that nation’s ambassador or other diplomatic representatives in this country. 
• The official is declared to be persona non grata, or an unwelcome person.

Commander in Chief

The Constitution makes the President the commander in chief of the nation’s armed forces.
Making Undeclared War
• Many Presidents have used the armed forces abroad without a declaration of war.
Wartime Powers
• The President’s powers as commander in chief are far greater during a war than they are in normal times.
The War Powers Resolution
• The War Powers Resolution of 1973 limits the President’s war- making powers.

Legislative Powers
Recommending Legislation * The Constitution provides that the President shall report to Congress on the state of the Union and recommend necessary legislation. * This power is often called the message power.
The Veto Power
• All legislation passed by Congress is sent to the President for approval.
• If the President disapproves of a bill, he can veto it. That veto can only be overturned by a two-thirds vote of both houses of Congress.

The Line Item Veto
Judicial Powers * The Constitution gives the President the power to 
“...grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” —Article II, Section 2, Clause 1 * A reprieve is the postponement of the execution of a sentence. * A pardon is legal forgiveness for a crime. * These powers of clemency (mercy or leniency) 
may be used only in cases of federal crimes. 


A line-item veto measure would allow the President to reject specific dollar amounts in spending bills enacted by Congress.
In 1996, Congress passed the Line Item Veto Act; however, the Supreme Court struck it down in 1998.
Other Legislative Powers
According to Article II, Section 3 of the Constitution, only the President can call a Congress into special session.