-Historical Development of The PresidentArticle 2 of the constitution establishes the presidency as leader of the executive branchFounders debated several aspects of presidencyPlural v. Single ExecutivePopular election vs. Congressional SelectionLength of termWhat enumerated powers should president have?Plurals/Multiple Executives, Congressional selection and Shorter terms would have made office weakerInstead, we have a strong presidencyStronger today than in 19th century, but even then was stronger than what some founders wantedThe president has several important, strong enumerated powersTHE ELECTORAL COLLEGEImplemented as a check against direct election of the president by the public (remember that the founders feared direct democracy)Each state could select their own “electors” who would then select the presidentThe number of electors each states has is based on number of House and Senate membersElectors are chosen by popular vote in their states on election dayEach candidate has electors attached to him/her & which ever candidate wins statewide those electors are chosen and cast their electoral votes for their candidateExcept in NE and ME, which choose some of their electors by statewide vote winner AND others by the winner in each of their congressional districtsTHUS, WHEN YOU VOTE, YOURE ACTUALLY VOTING FOR THE ELECTORS ATTACHED TO YOUR CANDIDATE, EVEN THOUGH YOU VOTE FOR THE CANDIDATEELECTORS ARE NOT CONSTITUTIONALLY REQURIED TO VOTE FOR THE CANDIDATE THEY ARE ATTACHED TO AND SOMETIMES THEY DON’TTHIS IS CALLED BEING A FAITHLESS ELECTORHOWEVER, IN MANY STATES IT IS A CRIME TO BE A faithless elector AND OTHER VOID THE VOTES OF FAITHLESS ELECTORSAS OF 2013, THE OUTCOME OF A PRESIDENTIAL ELECTION HAS NEVER BEEN CHANGED BY FAITHLESS ELECTORS THOUGH IT IS THEORETICALLY POSSIBLE.SOME PEOPLE THINK THE ELECTORAL COLLEGE IS A BIZARRE SYSTEMTHERE ARE CALLS TO REFORM/REPLACE THE ELECTORAL COLLEGE BEFORE AND AFTER VIRTUALLY EVERY PRESIDENCY ELECTIONEXAMPLE -> GIVING SMALL STATES LESS INFLUENCE, SCRAPPING COLLEGE FOR A NATIONAL POPULAR VOTEBUT THE ELECTORAL COLLEGE DOES HAVE SOME IMPORTANT FUNCTIONSTHE ELECTORAL COLLEGE (WHAT DOES IT DO?)Respects the states importance as individual political unitsForces candidates to campaign on a state-by-state basis, rather than just in big urban population centers and media centersAs would probably be the case in a national popular voteOne of your classmates asked if I think we should get rid of the electoral college – I DON’TIn contrast, I think republican and democratic presidential primary election structures are absurd and need to be changed-Constitutional Powers of the PresidentEnumerated/Express powers of the President in the constitutionPresident has “the power of the sword” Commander-in-Chief of the militaryPower to make treaties (with consent of senate)Can grant pardons for those violating federal law (except in cases of impeachment ; he cant pardon himself from impeachment)Can nominate Supreme Court judges, Ambassadors, Agency HeadsCan Veto bills passed by CongressHas power to execute laws passed by Congress; The president “shall take care that the laws be faithfully executed”Can call Special Sessions of Congress& Technically, if the House and Senate cant agree when to end their sessions, the President can Adjourn them until he sees fitBut this Presidential power has never been usedALL PRESIDENTIAL POWERS (EXCEPT FOR THE VETO WHICH IS IN ARTICLE 1) ARE IN ARTICLE 2CONGRESS CANT CHANGE PRESIDENTS PAY WHILE HES IN OFFICEPRESIDENT DOES HAVE SOME STRONG, SPECIFIC ENUMERATED POWERSALTHOUGH THE PRESIDENT CANT MAKE LAWSTHE PRESIDENT ALSO HAS SOME DELEGATE POWERSPowers given to President from CongressIncluding power to appoint some low executive agency positions without Senate ApprovalBUT PER ARTICLE 2 SECTION 2, this power has to be specifically given up by the lawSuch as in the Presidential Appointment Efficiency and Streamlining Act of 2011Congress tends to give the president more delegated powers when congress wants more decisive action and feels incapable of doing itThis was the case with the Presidential Appointment Efficiency & Streamlining Act of 2011Delegated powers expand scope and power of presidentBUT THEY’RE NOT ALWAYS CONSTITUTIONALIn part to help eliminate Govt waste, Congress gave president a LINE ITEM VETO over legislation in the LINE ITEM VETO ACT OF 1996LINE ITEM VETO: The ability to go through a law line-by-line and veto parts of it while accepting the wholeAlmost all state governors have this powerBut the constitution doesn’t give the president this powerAS PRESIDENT BILL CLINTON USED THE NEW LINE-ITEM VETO FOR 2 YEARS BUT:IN CLINTON VS. CITY OF NEW YORK (1998), SUPREME COURT RULED LINE ITEM VETO UNCONSTITUTIONALIN PART BECAUSE IT AMOUNTS TO CREATING LAW, WHICH HAS TO BE DONE BY CONGRESSPRESIDENT CAN ONLY ACCEPT OR REJECT LAWS PRESENTED BEFORE HIMSo that delegate powers is unconstitutionalIn order for the LINE ITEM VETO power to be given to the president a constitutional amendment must be passedThe president has some inherent powers as wellPowers that stem from the rights, duties, and obligations of the presidencyMORE on the Presidents Enumerate PowersThe presidents commander-in-chief powers reflect Founders’ desire to give the President ability to act swiftly and decisively in this areaBut also balance his authority with that of congressONLY congress has power to declare war, but president is commander-in-chiefBut, what if a president uses force against another country without officially getting Congress to declare war?THIS HAPPENED DURING THE VIETNAM WAR(1964-1973) WHICH WAS AUTHORIZED BY CONRESS’ GULF OF TONKIN RESOLUTION (1964) BUT NOT AN ACTUALY DECLARATION OF WARBUT WAR POWERS RESOLUTION OF 1973 (ALSO KNOWN AS THE WAR POWER ACTS) LIMITS, AT LEAST LEGALLY, PREZ’S ABILITY TO DO THIS TODAYWAR POWERS ACT/RESOLUTION OF 1973:PREZ HAS TO TELL CONGRESS WITHIN 48 HOURS OF COMMITTING TROOPSIN PRACTICE THE WAR POWERS ACT RESTRICTION DON’T ALWAYS RESTRAIN THE PRESIDENTPEOPLE DON’T USUALLY WANT CONGRESS TO CUT FUNDING FOR THE TROOPS90 DAYS OF MILITARY ACTION IS A LOT, & BY THAT POINT WITHDRAWAL COULD BE DISASTROUSEVERY PRESIDENT SINCE THIS ACT WAS PASSED HAS ARGUED THAT OR TAKEN ACTIONS THAT THE WAR POWERS ACT IS UNCONSTITUTIONALWHAT about the Presidents Enumerated Diplomatic powersPresident is head of state and CANRefuse to recognize other countries or recognize them without consent of congressIssue