Chapter 5 American Presidency PDF

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Course notes over Chapter 5, which includes how executive privilege works within the government and how it is used in international conflicts...

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CHAPTER 5 The American Presidency Individuals, Institutions, and Executive Power LEARNING TARGETS After reading this chapter, you will be able to

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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. 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.

5.1 Presidential Power and the War on Terror Background on evolving American presidency How America became a superpower

https://youtu.be/BShvYeyMm_Y Vox. (2016, November 23). How America became a superpower. Youtube. https://www.youtube.com/watch?v=BShvYeyMm_Y

The text focuses on the war-making powers of the presidency

Targeting of US citizens: Bush 2001: Yaser Hamdi [Afghanistan] Obama 2011: Anwar al-Awlaki, Samir Khan, Abdulrahman al-Awlaki (16-year old son, US citizen, killed by mistake in a drone strike. [Yemen]

Remember the global military and financial networks -note the positioning of Afghanistan & Yemen. Note also that Russia sits astride the the northern edge of this map, and the eastern edge of Europe (NATO).

From Soviets to Oligarchs: Inequality and Property in Russia 1905-2016 “According to our benchmark estimates, the wealth held offshore by rich

Russians is about three times larger than official net foreign reserves, and is comparable in magnitude to total household financial assets held in Russia.”

Authorization for Use of Military Force Act of 2001 (AUMF) Authorized Bush Authorized Obama Was this a blank check to wage war without Congressional approval?

Practice FRQ Al-Awlaki was a radical advocate for terrorism. . . . But the summary execution of a citizen, based on evidence that is being withheld from the public because of security implications, has been described by a commentator … as “abandoning our own values” in the pursuit of the war against terror. —Azeem Ibrahim17 Use the quote and your knowledge of U.S. Government and Politics to respond to parts A, B, and C. Describe the viewpoint expressed in the quote. Describe one power that enables the president to conduct drone strikes. Explain two reasons why some people believe that the power to conduct drone strikes gives the president too much power.

5.2 The Constitution and the American Presidency Article II of the Constitution [Khan Academy - begin at 7:00]

The founders struggled with federalism / anti-federalism once again in deciding on the structure of the presidency. Small states assumed the large states would vote for their own candidate, leaving them out. Hamilton proposed Presidents and Senators serve for life. Keep this in mind as we look at current arguments by AG Willaim Barr using Hamilton as supporting evidence. Washington served 2 terms (1789-1797), which became the tradition. After FDR served 4 terms (1933-1945) the 22nd amendment (1951) was ratified limiting the office to 2 terms. Women were not explicitly denied the office - however, women were denied the vote in states.

Voting rights timeline for women

Formal and informal powers of the US president [Khan Academy 8:09]

2020 Monday March 9

Federalist 70 [Required AP Document] Expansion of Presidential Powers [Khan Academy 9:47] Hamilton argues that an energetic single executive will protect against foreign attacks, provide for the administration of laws, and protect liberty and property. William Barr memo in 2018, before becoming AG: “Constitutionally, it is wrong to conceive of the President as simply the highest officer within the Executive branch hierarchy. He alone is the Executive branch.”[1] [1] Memorandum from Bill Barr to Deputy Attorney General Rod Rosenstein and Assistant Attorney General Steve Engel, re: Mueller’s “Obstruction” Theory, at 9 (June 8, 2018) It can be argued this theory of an Imperial Presidency is an extension of the AUMF and FISA

(1978) “This theory revives the view of executive power that launched a thousand signing statements, generated the torture memo, and justified warrantless domestic surveillance in spite of the legal prohibitions in the Foreign Intelligence Surveillance Act.” “The President, acting as Commander in Chief, may order the use of torture as an interrogation technique notwithstanding federal law prohibiting it.” “The President, acting as Commander in Chief, may order warrantless domestic surveillance despite statutory warrant requirements such as the Foreign Intelligence Surveillance Act.” “The President may initiate and prosecute a full-scale war without first receiving a declaration or authorization from Congress.” “The President alone may determine the nation’s foreign policy.”

Trump: “I have [the] absolute right to do what I want to do with the Justice Department.”[19] [19] Michael S. Schmidt and Michael D. Shear, Trump Says Russia Inquiry Makes U.S. “Look Very Bad,” N.Y. Times (Dec. 28, 2017).

The Constitution Electors, apportioned to states based on congressional representation and chosen by state legislatures, would choose the president. Students should read this explanation of the Electoral College: https://www.archives.gov/electoral-college/about Additional info about electors: https://www.archives.gov/electoral-college/electors#selection Local news (KXAN) explanation of Texas electoral system: https://www.kxan.com/news/an-in-depth-look-at-how-the-texas-electoral-college-votes/

President has to be: 35 14 year resident Natural citizen, or citizen when Constitution was ratified

Washington preferred to be called “Mr. President.” John Adams, though, had proposed, “His High Mightiness, the President of the United States and Protector of their Liberties.” Jefferson called that title “the most superlatively ridiculous thing I ever heard of.” Formal powers (expressed) Informal powers (not expressed) Five key roles of the president: ● chief executive (see cabinet below) ● chief diplomat ○ Make treaties ○ Act decisively - helps shape foreign policy ● commander in chief ○ Every president “is never for one day allowed to forget that he will be held accountable by people, Congress, and history for the nation’s readiness to meet an enemy assault.” ○ Presidential football: ■ Nuclear launch protocol: https://youtu.be/FA_gIAGNDQ8 ■ Trump’s threat to use the nuclear option on NK: ■ https://thehill.com/homenews/administration/436401-trump-discussedusing-nuclear-football-on-north-korea-during-2017 ■ What war with NK looks like: https://www.vox.com/world/2018/2/7/16974772/north-korea-wartrump-kim-nuclear-weapon ● legislative leader ○ State of the Union ○ Veto (the threat usually works unless Congress is divided. If Trump were to remain in power in 2020 yet Congress is controlled by Dems, he would likely veto most bills, which would then be passed by 2/3s override) ○ Pocket veto ○ Pardons ● party leader.

President’s Cabinet

Having a diverse cabinet is seen by many as demonstrating a commitment to representing all Americans and their interests. President can influence bureaucracy:

● Appointments ● Executive Orders ○ April 2017, President Trump signed an executive order directing Secretary of Education Betsy DeVos to identify those policies and practices that overreach to ensure that the federal government does not “obstruct the ability of states, local governments, teachers, and most importantly, parents, to make the best decisions for their students and, in many cases, for their children.” ● Budgeting

Presidents appoint thousands of admin positions and Federal judges - all of these require Senate confirmation

Unilateral Presidential Power Executive Privilege a right claimed by presidents to keep certain conversations, records, and transcripts confidential from outside scrutiny, especially that of Congress. Executive Agreement 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. Signing Statements text issued by presidents while signing a bill into law that usually consists of political statements or reasons for signing the bill but that may also include a president’s interpretation of the law itself. Executive Orders policy directives issued by presidents that do not require congressional approval.

REMEMBER The framers called for a single executive, the president, with enough power to lead successfully but not so much power as to make the office susceptible to tyranny. The president serves a four-year term with the possibility of reelection. Candidates must be natural-born citizens, at least thirty-five years old, and a resident of the nation for fourteen years. The office of the presidency is granted a set of formal and informal powers, including the power to carry out the laws of the nation, guide foreign policy and relations with foreign leaders, make policy recommendations to Congress, veto legislation, act as commander in chief of the military, and grant pardons. Presidents have expanded their informal powers through executive agreements, executive orders, and signing statements. Executive power is constitutionally limited by powers granted to Congress and the judiciary.

KNOW formal (or enumerated) powers: powers expressly granted in the Constitution. (p. 157) informal powers: powers not laid out in the Constitution but used to carry out presidential duties.

(p. 157) treaty: an agreement with a foreign government negotiated by the president and requiring a twothirds vote in the Senate to ratify. (p. 159) State of the Union Address: the annual speech from the president to Congress updating that branch on the state of national affairs. (p. 159) veto: formal rejection by the president of a bill that has passed both houses of Congress. (p. 159) pocket veto: an informal veto caused when the president chooses not to sign a bill within ten days, during a time when Congress has adjourned at the end of a session. (p. 159) presidential pardon: presidential authority to release individuals convicted from a crime of legal consequences and forgive an individual and set aside punishment for a crime. (p. 161) executive privilege: a right claimed by presidents to keep certain conversations, records, and transcripts confidential from outside scrutiny, especially that of Congress. (p. 161) executive agreement: 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. (p. 161) 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. (p. 161) executive order: policy directives issued by presidents that do not require congressional approval. (p. 162)...