Warm up

• Where does the word President come from?

• How did the founders decide on this title?

Warm up Questions

• Is the president of the United States

the most powerful person in the
world?

• Has the president always been a

powerful office?
Unitary Executive Theory

“This is an idea that goes back to Alexander Hamilton and George

Washington through to Abraham Lincoln to FDR and our modern
presidents. The idea is that the Constitution - when it grants the
president the executive power, it grants him a reservoir of
executive power that's not specifically set out in the Constitution
that allows him to act as leader of the executive branch to enforce
the laws and to defend the country in times of crisis and
emergency.”
Yoo, John, NPR, “Former Deputy Assistant AG Offers Perspective on Unitary Executive Theory,” NPR (NPR, May 8, 2019),
https://www.npr.org/2019/05/08/721552525/former-assistant-ag-offers-perspective-on-unitary-executive-theory.
Chapter 5: The American
Presidency
Individuals, Institutions, and Executive
Power
Presidential Power and the
War on Terror
 Ch. 5 Learning
Targets

• 5.1 Explain how presidents have used their powers in

the fight against terrorism.
• 5.2 Describe the powers of the presidency and ways in which
the president influences the bureaucracy.
• 5.3 Describe the ways in which Congress and the Supreme
Court may check presidential powers.
 Section 5.1
The Executive Branch
• The president heads the executive branch –
charged with putting the nation’s laws into effect.
 Section 5.1
Presidential Power and the War on
Terror
• The War on Terror increased President Bush’s
military authority
– Americans expected action
– Executive orders: Ready Reserve called for active duty,
seized financial assets, blocked financial transactions
with organizations suspected of terrorism, created the
Office of Homeland Security
 Section 5.1
The Capture of Yaser
Hamdi
• American citizen accused of aiding the Taliban
– What rights do American citizens have when accused of a crime?
• Held as an “enemy combatant”
– Is this a violation of his Constitutional rights?
• Attorneys for the administration - the Executive had the right to
detain him – war making powers
• Same strategies continued under the Obama administration
– Anwar al-Awlaki (and son Abdulrahman)
– Samir Khan (Killed in a drone strike)
• How did the terrorist attacks on 9/11 cause the situations described
above?
 Section 5.1
Review “Think”
• How does the War on Terror expand
presidential power?
Section 5.1
Review Question: Free Response
The Constitution and the
American Presidency
 Ch. 5 Learning
Targets

• 5.1 Explain how presidents have used their powers in the fight
against terrorism.
• 5.2 Describe the powers of the presidency and ways in
which the president influences the bureaucracy.
• 5.3 Describe the ways in which Congress and the Supreme
Court may check presidential powers.
 Section 5.2
The American Presidency: Selection,
Qualifications for Office and Length of
Term
• Selection - Electoral College
– Disagreements based on small states fearing lack of effect,
mistrust of the American people
– Indirectly selected by electors apportioned to each state
based on representation in Congress
• Term – 4 years; no term limits
– 2 term precedence begun by Washington; Twenty-Second
Amendment made official
• Qualifications – 3 formal
 Section 5.2
Federalist No. 70
• Critics of the executive branch feared a single
executive
• Alexander Hamilton defended the necessity
based on the energy required to be a stable
leader
– Having more than one executive diminishes the ability
to protect the nation and weakens the ability to take
strong, decisive action
– Dual executives lead to more disagreement and denial
 Section 5.2
Presidential
Powers
• Formal v. Informal
• Those given to the president
explicitly (enumerated) v. those
necessary to carry out expressed
powers
• POTUS exhibits 5 key roles when
executing powers
 Section 5.2
Chief Executive

• Head of the executive branch – carries out the

laws of the nation (but only one man and
Constitution vague about “how”)
• Oversees a vast bureaucracy
– Cabinet – 15 department heads aiding in execution
of laws via departments and advisors
– Executive orders instruct bureaucracy
– Increase/decrease agency budget
 Section 5.2
The Cabinet

• Not mandated in the Constitution

• Appointed by the president, confirmed by the
Senate with majority vote
– Some patronage still applies
• Choices in members vary – can be loyal to
departments more than POTUS; connections to
private business/interest groups; diversity
mirrors American people
 Section 5.2
Chief Diplomat
• Guides US foreign policy
• Treaty-making power
– Treaty requires 2/3 Senate ratification
• Symbolic head of United States
– As the head of state, makes deals with other heads of
state
• Has an advantage on the international stage
because he’s one person
 Section 5.2
Chief Legislator
• Role as policymaker has expanded over time
• State of the Union Address
– the annual speech from the president to Congress
updating that branch on the state of national affairs.
– Lays out legislative agenda to mobilize public support
• Veto – formal rejection by the president of a bill
– 2/3 votes in Congress required for override
• Pocket veto – informal veto caused when the
president chooses not to sign a bill within ten
 Section 5.2
Commander in Chief
• Top of the entire military chain of command, but a
civilian
– President protects the nation
• Framers limited the war-making power
– Congress declares war
• President can respond to a threat more quickly
than Congress
 Section 5.2
Pardons
• Presidential authority to release individuals
convicted of a crime from legal consequences
and set aside punishment for a crime
– Exception impeachment
• Granted normally in the final days and weeks in
office
 Section 5.2
Unilateral Presidential
Action
• Executive privilege: a right claimed by presidents to keep
certain conversations, records, and transcripts confidential
from outside scrutiny, especially that of Congress
– US v. Nixon case (narrowed the definition; increased Congressional
oversight of executive)
• Executive Agreements: an agreement between a president
and another nation that does not have the same durability in
the American system as a treaty but does not require Senate
ratification
– Between two heads of state, not two countries; therefore not binding
 Section 5.2
Unilateral Presidential Action
• Signing Statement: Written comments issued by
presidents while signing a bill into law that usually
consist of political statements or reasons for
signing the bill but that may also include a
president’s interpretation of the law itself
– Method POTUS uses to control legislative action via
bureaucratic execution
• Executive Orders: policy directives issued by
presidents that do not require congressional
 Section 5.2
Review “Think”
• Why is it often difficult for Congress to check
the power of the president, despite the formal
checks provided in the Constitution?
• How have presidents used executive
agreements, executive orders, and signing
statements to expand their power?
Section 5.2
Review Question: Free Response
Limits on Presidential Power
 Ch. 5 Learning
Targets

• 5.2 Describe the powers of the presidency and ways in which

the president influences the bureaucracy.
• 5.3 Describe the ways in which Congress and the
Supreme Court may check presidential powers.
• 5.4 Explain how modern presidents interact with the
bureaucracy, Congress, and the public.
 Section 5.3
Limits on Presidential
Power
• Presidents cannot accomplish most of their
objectives without Congress
• Congressional approval needed:
– Pass laws and fund programs
– Confirm appointments (ambassadors, federal judges,
cabinet secretaries)
– Treaty ratification (2/3)
– Override veto (2/3 both chambers)
• Judicial review can overturn executive orders
 Section 5.3
The War Powers Resolution

• A law passed over President Nixon’s veto that

restricts the power of the president to maintain
troops in combat more than sixty days without
congressional authorization
• Congressional attempt to reassert control over
national security
• Presidents have largely ignored, asserting the
act is unconstitutional
 Section 5.3
Impeachment
• The process of removing a president from office,
with articles of impeachment issued by a
majority vote in the House of Representatives,
followed by a trial in the Senate, with two-thirds
vote necessary to convict and remove
– “Treason, bribery, or other high crimes and
misdemeanors”
– House of Representatives: articles of impeachment
charges the officeholder
 Section 5.3
Court Decisions
• US v. Nixon (1974) – the Supreme Court affirmed
the power of executive privilege, but forced
president Nixon to hand over audio recordings
• Privilege balanced with rule of law in criminal
investigations
• SCOTUS can block executive orders
– Obama – four million undocumented immigrants to
apply for citizenship
• SCOTUS can uphold some parts of executive
 Section 5.3
Review “Think”
• Why is Congress often more successful in
checking the president’s domestic agenda
than in blocking his actions in foreign affairs?
• Why do presidents issue executive orders that
might be blocked by the Supreme Court?
Section 5.3
Review Question: Free Response
The Modern Presidency in
Context
 Ch. 5 Learning
Targets

• 5.3 Describe the ways in which Congress and the Supreme

Court may check presidential powers.
• 5.4 Explain how modern presidents interact with the
bureaucracy, Congress, and the public.
• 5.5 Evaluate how presidents have exercised their powers in the
war on terror.
 Section 5.4
The Modern Presidency in
Context
• Single person, but does not act alone
• Oversees large executive office
• Presidential decision-making and execution of
policy can be helped or hindered by lower-
level bureaucrats, Congress, and public
opinion
 Section 5.4
The Vice Presidency
• 12th Amendment – President and Vice President
elected together
– Amended original language, which made the second-
highest vote-getter in the election Vice President
• Constitutionally:
– President of the Senate
• Breaks a tie in Senate
– 25th Amendment – VP first in line in order of succession
• Sometimes acting president
 Section 5.4
The First Spouse
• No formal role in the
administration
– Link between people
and president
• Modern spouses have
an initiative or
program to promote
– Michelle Obama – “Let’s
Move!” to fight
childhood obesity
 Section 5.4
Executive Office of the
President
• Presidents used to be more subordinate to Congress
• Great Depression and World War II increased the
responsibility, stature, and power of the office on a
domestic and global scale
– The Modern Presidency
• (1) initiates legislation
• (2) more delegated powers granted by Congress
– Trade policy; war-making
• (3) now the focus of public attention
• (4) large staff directly working for president
 Section 5.4
The President and a Partisan
Congress
• “Chief of party” = unofficial leader of political
party
– Choose leader of party organization (DNC; RNC)
• President must bargain and persuade with
Congress to effectively execute agenda
– Work with party leaders on both sides
– Serve a variety of constituencies
 Section 5.4
The President and Public
Opinion
• Can expand or constrain presidential power
• Going public – a strategy where the president
promotes himself and his policies in Washington by
appealing directly to the people for support
– One of the greatest tools in mobilizing other branches to
support agenda
– Bully pulpit – appeal to the public to pressure other
branches of government to support their policies
• State of the Union; press events, Twitter
 Section 5.4
Americans’ Evaluations of
Presidential Performance
• Approval rating: Pollsters take the national pulse
on Americans’ view of how well their presidents are
doing
• Higher rating = more powerful persuasion
• Strongest –
– Honeymoon period (when first elected)
– National economic or military crisis (“rally around the
flag”)
 Section 5.4
Public Policy: The Dream
Act
• Obama executive order – Deferred Action for Childhood Arrivals
Program (DACA)
– Undocumented individuals who came to the US before the age of sixteen
and who were in, or recently graduated from, school could seek a deferment
on their deportation
• Partisan issue (immigration reform) during divided government
– Public opinion supports allowing illegals amnesty with certain requirements
• Trump administration rescinded the order
– Supreme Court refused to hear a case challenging a ruling that extended the
program
• Still in effect
 Section 5.4
Review “Think”
• Should presidents use public approval ratings
in making difficult policy decisions?
• Do presidents have an obligation to make
difficult decisions, even when the public does
not support those decisions?
Section 5.4 Review Question: Free Response
The War on Terror and
Presidential Power
 Ch. 5 Learning
Targets

• 5.3 Describe the ways in which Congress and the Supreme

Court may check presidential powers.
• 5.4 Explain how modern presidents interact with the
bureaucracy, Congress, and the public.
• 5.5 Evaluate how presidents have exercised their
powers in the war on terror.
 Section 5.5
The War on Terror and Presidential
Power
• The president, as a single actor, is able to respond
to the demands of economic or military crises
more than anyone else
• Increases the power and position of the office
• The public looks to the president, not the other
policymaking institutions
 Section 5.5
The Supreme Court Restricts
Presidential Power
• Hamdi v. Rumsfeld (2002)
– “a state of war is not a blank check for the President
when it comes to the rights of the Nation’s citizens.” –
Sandra Day O’Connor
– The president cannot restrict rights of American
citizens, even in times of war
• The office of the presidency is full of paradoxes
– Strong and decisive, yet highly checked by other
 Section 5.5
Review “Think”
• What factors may lead to an expansion of
presidential power in the future?
• Has the presidency become too powerful,
given our system of checks and balances?
Section 5.5
Review Question: Free Response