POLS 206 7 22 Lecture 10 Historical Development of The President Article 2 of the constitution establishes the presidency as leader of the executive branch Founders debated several aspects of presidency o Plural v Single Executive o Popular election vs Congressional Selection o Length of term o What enumerated powers should president have Plurals Multiple Executives Congressional selection and Shorter terms would have made office weaker Instead we have a strong presidency o Stronger today than in 19th century but even then was stronger than what some founders wanted The president has several important strong enumerated powers THE ELECTORAL COLLEGE o Implemented as a check against direct election of the president by the public remember that the founders feared direct democracy o Each state could select their own electors who would then select the president o The number of electors each states has is based on number of House and Senate members o Electors are chosen by popular vote in their states on election day o Each candidate has electors attached to him her which ever candidate wins statewide those electors are chosen and cast their electoral votes for their candidate Except in NE and ME which choose some of their electors by statewide vote winner AND others by the winner in each of their congressional districts THUS WHEN YOU VOTE YOURE ACTUALLY VOTING FOR THE ELECTORS ATTACHED TO YOUR CANDIDATE EVEN THOUGH YOU VOTE FOR THE CANDIDATE o ELECTORS ARE NOT CONSTITUTIONALLY REQURIED TO VOTE FOR THE CANDIDATE THEY ARE ATTACHED TO AND SOMETIMES THEY DON T THIS IS CALLED BEING A FAITHLESS ELECTOR o HOWEVER IN MANY STATES IT IS A CRIME TO BE A faithless elector AND OTHER VOID THE VOTES OF FAITHLESS ELECTORS o AS OF 2013 THE OUTCOME OF A PRESIDENTIAL ELECTION HAS NEVER BEEN CHANGED BY FAITHLESS ELECTORS THOUGH IT IS THEORETICALLY POSSIBLE o SOME PEOPLE THINK THE ELECTORAL COLLEGE IS A BIZARRE SYSTEM o THERE ARE CALLS TO REFORM REPLACE THE ELECTORAL COLLEGE BEFORE AND AFTER VIRTUALLY EVERY PRESIDENCY ELECTION EXAMPLE GIVING SMALL STATES LESS INFLUENCE SCRAPPING COLLEGE FOR A NATIONAL POPULAR VOTE o BUT THE ELECTORAL COLLEGE DOES HAVE SOME IMPORTANT FUNCTIONS THE ELECTORAL COLLEGE WHAT DOES IT DO o Respects the states importance as individual political units o Forces candidates to campaign on a state by state basis rather than just in big urban population centers and media centers As would probably be the case in a national popular vote o One of your classmates asked if I think we should get rid of the electoral college I DON T In contrast I think republican and democratic presidential primary election structures are absurd and need to be changed Constitutional Powers of the President Enumerated Express powers of the President in the constitution o President has the power of the sword Commander in Chief of the military o Power to make treaties with consent of senate o Can grant pardons for those violating federal law except in cases of impeachment he cant pardon himself from impeachment o Can nominate Supreme Court judges Ambassadors Agency Heads o Can Veto bills passed by Congress o Has power to execute laws passed by Congress The president shall take care that the laws be faithfully executed o 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 fit But this Presidential power has never been used o ALL PRESIDENTIAL POWERS EXCEPT FOR THE VETO WHICH IS IN ARTICLE 1 ARE IN ARTICLE 2 o CONGRESS CANT CHANGE PRESIDENTS PAY WHILE HES IN OFFICE o PRESIDENT DOES HAVE SOME STRONG SPECIFIC ENUMERATED POWERS ALTHOUGH THE PRESIDENT CANT MAKE LAWS THE PRESIDENT ALSO HAS SOME DELEGATE POWERS o Powers given to President from Congress o Including power to appoint some low executive agency positions without Senate Approval BUT PER ARTICLE 2 SECTION 2 this power has to be specifically given up by the law Such as in the Presidential Appointment Efficiency and Streamlining Act of 2011 o Congress tends to give the president more delegated powers when congress wants more decisive action and feels incapable of doing it This was the case with the Presidential Appointment Efficiency Streamlining Act of 2011 o Delegated powers expand scope and power of president BUT THEY RE NOT ALWAYS CONSTITUTIONAL o In part to help eliminate Govt waste Congress gave president a LINE ITEM VETO over legislation in the LINE ITEM VETO ACT OF 1996 LINE ITEM VETO The ability to go through a law lineby line and veto parts of it while accepting the whole o Almost all state governors have this power o But the constitution doesn t give the president this power o AS 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 UNCONSTITUTIONAL IN PART BECAUSE IT AMOUNTS TO CREATING LAW WHICH HAS TO BE DONE BY CONGRESS PRESIDENT CAN ONLY ACCEPT OR REJECT LAWS PRESENTED BEFORE HIM o So that delegate powers is unconstitutional o In order for the LINE ITEM VETO power to be given to the president a constitutional amendment must be passed The president has some inherent powers as well o Powers that stem from the rights duties and obligations of the presidency MORE on the Presidents Enumerate Powers o The presidents commander in chief powers reflect Founders desire to give the President ability to act swiftly and decisively in this area o But also balance his authority with that of congress ONLY congress has power to declare war but president is commander in chief o But 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 WAR o BUT WAR POWERS RESOLUTION OF 1973 ALSO KNOWN AS THE WAR POWER ACTS LIMITS AT LEAST LEGALLY PREZ S ABILITY TO DO THIS TODAY o WAR POWERS ACT RESOLUTION OF 1973 PREZ HAS TO TELL CONGRESS WITHIN 48 HOURS OF COMMITTING TROOPS o IN PRACTICE THE WAR POWERS ACT RESTRICTION DON T ALWAYS RESTRAIN THE PRESIDENT PEOPLE DON T USUALLY WANT CONGRESS TO CUT FUNDING FOR THE TROOPS 90 DAYS OF MILITARY ACTION IS A LOT BY THAT POINT WITHDRAWAL COULD BE DISASTROUS o EVERY PRESIDENT SINCE THIS ACT WAS PASSED HAS ARGUED THAT OR TAKEN ACTIONS THAT THE WAR POWERS ACT IS UNCONSTITUTIONAL WHAT about the Presidents Enumerated Diplomatic powers o President is head of state and