GPOSC 225 1st Edition Lecture 18Outline of Last Lecture I. Electoral Collegea. The Basis of the Electoral College Systemb. Objectionsc. BenefitsII. Presidential Roles/responsibilitiesIII. Presidential PowersOutline of Current Lecture - The Presidency continuedII. Informal Powersa. Executive Agreementb. Executive Ordersc. Emergency PowersIII. Harry S Trumana. Youngstown vs. Sawyerb. Steel Mill SeizureCurrent Lecture - The PresidencyRemember… “two presidencies” thesis is that the presidency is divided into two roles - one for domestic and one for foreign affairs. Congress typically refers to President in matters of foreign affairs. Note that the key difference between a presidential and parliamentary system is that in apresidential system legislative and executive powers are elected separately. In parliamentary system, the majority party chooses its prime minister. Remember in the constitutional convention they considered a committee of presidents. In FEDERALIST 70 Hamilton argues that only having one the president is better because it places constraints on exercise of presidential power by giving him sole responsibility and making him take responsibility in the center of the public eye. Informal PowersExecutive Agreement● This is an agreement between two heads of state that have not been ratified by the nation’s legislature● the constitution mentions treaties, agreements, compacts but doesn’t define the difference between them. Presidents use this fact to claim the right to agreements (unlike treaties) without congress’s ratification● most EAs are authorized in advance by congress are pursuant to a previous treaty (most commonly among trade agreements 0● only a small number are based solely on president's power as cIC and “sole organ of foreign policy”● a president has much more power to easily form an agreement so the number has skyrocketed (as opposed to treaties)● Executive Agreements are politically binding and in most cases “legally binding” on future presidents. But EA’s signed exclusively under President’s power is binding only if the future president decides to honor it. More often legally binding when based on already existing national law. Executive OrdersPower in domestic affairs linked to the “take care” clause and delegated powers. Orders from the president to executive branch agencies to provide guidance regarding the implementation of policy (e.g. clean water law) as a delegated power. This is because the bills passed by congress do NOT contain details of how to carry them out. ORders from President cannot make law, they only clarify existing law or step from an Article II power. Congress cannot delegate lawmaking power. EO’s “fill in the details but cannot make broad policy definition. “Nondelegation” doctrine. Congress must give an intelligible principle when it passes laws. Examples: Emancipation Proclamation (1863)is an example of an EO which was not rested in Congressional law, but LIncoln linked it to his role as CIC since the Nation was at war. Usually EO’s are not scrutinized by congress.Emergency PowersSometimes called “inherent powers” often claimed in times of national crisis, president's claim powers that are inherent to national sovereignty or “Executive powers”. Claim powers beyond powers of Constitution and SOmetimes in conflict with it. E.g. When LIncoln Suspended Habeas Corpus. OR when Bush suspended Habeas corpus. In this case a President would say my primary duty is to protect the united states. BUt the Supreme Court ruled against this claim saying the PResident is still bound to congressional Law. Truman and the Steel Seizure CaseTruman took the presidency in wartime, made the decision to drop the Atomic bomb in Japan. He sent troops to Korea without congress declaring war. After the war he did not want the Taft-Hardley law passed, called it the slave labor bill. So he took over the steel mills so that the government ran the steel mills. A lower court ruled that he didn't have the power. In Youngstown VS Sawyer the supreme court ruled 6/3 that Truman did not have the power to seize the