PolSci_Notes_2

PolSci_Notes_2 - 1 US Presidency I. Article II Executive...

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1 US Presidency I. Article II Executive Power Shall be Vested in a President of the USA A. How is the office defined? 1. “The president shall take care that the laws be faithfully executed.” a. Therefore, that the office of the president is an office of DELEGATED powers. Meaning the president does not have any authority that the congress or constitution does not give him i. President executes or enforces laws passed by congress ii. Supreme court has repeatedly said that the powers of the president must come from the constitution and the laws of congress, and NOT from some independent or absolute idea of executive power.
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2 II. Two views or understandings of the presidency A. Oldest view – Chief Executive Clerk conception of the office 1. Authority of the president is limited a. Because all authority of federal government is congressional authority b. President is limited, in this view, to faithfully execute laws passed by congress (Taylor, Taft, Eisenhower) i. Before president believed they could only veto if it was unconstitutional. B. Chief Executive President (Officer) – 2 nd view 1. This view sees the Presidency is a unitary office with undefined executive power a. If an urgent or compelling circumstance exists, then the president can act without authorization from congress. i. Earlier presidents – T Roosevelt, Wilson, and most Post WWII presidents
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3 III. Categories of Presidential Authority A. Powers as Head or Chief of STATE 1. Negotiate treaties 2. Commander in Chief a. Founders wanted a civilian as head or military – check military 3. Recognize Governments 4. Issues Pardons B. Powers as Head or Chief of GOVERNMENT 1. Executive Authority a. Executes or enforces all laws b. Appoints, removes and supervises all executive officers c. Appoints federal judges i. Can’t remove or supervise them Military Authority a. President protects states from domestic violence i. Lincoln 1863 ii. Cleveland 1894 iii. Eisenhower 1957 2. Legislative Authority a. General Veto b. State of the Union c. President’s Program (relatively new – back to Franklin Roosevelt) i. This is the legislative “wish list” the president presents to congress - for example the New Deal
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4 IV. Presidential Eras A. Traditionalist 1797 – 1932 1. Congress is the more dominant of all 3 branches because a. Due to the constitution– this is what the founders wanted b. Congress quickly established its own leadership committees and party hierarchies c. President is weak institutionally i. Strong presidents existed, but they were not able to translate their personal strength, to strengthen the office institutionally. a) Jefferson b) Jackson c) Polk d) Lincoln e) T Roosevelt – due to public support f) Wilson d. Compromises – Congressional leadership e. Congress was linked to national political and economic forces B. Modern 1933 – 1968 1. President is the most dominant of all 3 branches because of Great Depression and WWII a. Congress delegated (granted) substantial authority to
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PolSci_Notes_2 - 1 US Presidency I. Article II Executive...

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