04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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Executive Powers: Part 1

Chapter 14: section 1 and 2

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

2

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

3

Topics

I. Diplomatic and Military Power

II. Legislative Power

III. Judicial Power

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

4

I. Diplomatic and Military Power

A. Treaties and Executive Agreements

B. Recognition

C. War Powers

D. War Powers Act of 1973

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

5

A. Treaties and Executive Agreements

• The President can make treaties with two-thirds approval of the Senate.

• The President can by-pass senate approval with executive agreement.– These agreements have the same legal status

as treaties.– They do not require the approval of the

senate

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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B. Recognition

• Another diplomatic power of the President is the power of recognition. – To recognize a foreign government as

legitimate.– Recognition is given or withheld from foreign

governments as a method of approving or disapproving that nations actions.

• China and Cuba.• Hamas???• Tibet and Taiwan???

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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Alexander Hamilton wrote:

“the direction of war most peculiarly demands those qualities which distinguished the exercise of power by a single hand”.

Federalist 74

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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C. War Powers

• The President is the Commander in Chief, commander of the Armed Services.– President has sent troops into combat without

Congressional approval.• Barbary Coast Pirates under Jefferson• James Polk and the Nueces River valley• Korean War and Vietnam War• Military strikes against Libya, Afghanistan, Sudan, Bosnia,

Granada, Panama, and on

• Congress has power to declare war.– Has passed joint resolutions 8 times in support of

military action.

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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D. War Powers Resolution of 1973• 3 provisions

– President must report to congress of any military action within 48 hours.

– Troop involvement is limited to 60 days.• Congress can approve for longer involvement.

– Congress may pass a concurrent resolution to end combat operations

• Many oppose the WPR as unconstitutional.– Restricts the power of the executive.

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

10

II. Legislative Power

A. State of The Union Address

B. Veto power

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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A. State of the Union Address

• Each year the President stands before congress to deliver this address.– Tells the State of the Union.– Sets a national agenda– Attempts to influence Congress

• The President can also work closely with individual legislators to push a specific agenda.

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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B. Veto Power

• The president has the power to veto legislation made by congress.– Can also pocket Veto

• Congress can override a presidential veto with a two-thirds vote.

• Some want to give the President the power of Line Item Veto

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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V. Judicial Power

A. The Appointments

B. Pardons

C. Amnesty

D. Other powers

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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A. The Appointments

• The Power to appoint Supreme Court Judges.– Must be confirmed by the Senate.

• Has an incredible impact.– Judges serve the rest of their life.– Far reaching impact.– They interpret the constitution

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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B. Pardons

• A pardon is a legal forgiveness for a crime– Can only be used in

federal cases– Usually granted after

conviction, but not always

• Richard M. Nixon and Watergate

• Clinton and his brother.

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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C. Amnesty

• A special pardon given to a group of people.– 1977 Carter granted

Amnesty to those who avoided the draft during the Vietnam War.

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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D. Other powers

• reprieve is the postponement of the execution of a sentence.– Still guilty– Penalty is postponed

• A commutation reduces the sentence or the fine imposed– Still guilt– The penalty has been reduced

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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What we know

• What are the diplomatic and military powers of the executive?

• How is there a conflict between the executive and legislative branch over the issue of military powers?

• What is the War Powers Resolution of 1973?• How can the President influence legislation?• How can the President influence the courts?

04/12/23

Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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Terms

• Executive agreement• Treaty• Recognition• War Powers

Resolution of 1973

• Line item veto• State of union

address• Pardon• Amnesty• Reprieve• Clemency