Constitutional:
President powers are found in article 2, which include:
1.commander in chief(Commands the military in times of war)
2.Head of State(Recognizes other nations, receives other heads of state, reaches
international agreements (treaties)
3.legislator(veto)
4.chief executive(Leads executive branch, which administers laws that Congress
passes)
Non-constitutional:
he can make treaties and appoint both ambassadors and chief legislatures. He is
the leader of public opinion.
-tapped after FDR's presidency
Commander in chief:
Constitutional:
Only Congress can declare war. Presidents command the military in times of war.
Past:
American history is replete with instances of the president's ability to make the first move and the Congress have little choice but to ratify presidents decisions. e.g., President Abraham Lincoln approved a naval blockade of southern ports without consulting Congress before acting.
Now:
In 1973, Congress sought to carve out new authority for itself by approving the War Power Act at the end of Vietnam War. The law requires the president to inform Congress within 48 hours of committing troops abroad in a military action. Moreover, the operation must end within 60 days without Congress's approval of extension.
But presidents have continued to commit the military without informing Congress (e.g, Barack Obama's participation in the UN's creation of a 'no fly' zone
over Libya.
Head of State:
Constitutional:
Recognizes other nations, receives other heads of state, reaches international agreements.
Past:
-The most important constitutional limitation on the president's leadership in foreign affairs is the requirement that 2/3 majority of the Senate ratify treaties.
Now:
-Instead of treaties, president use executive agreements. These do not require Senate approval, which means lower transaction costs,
avoids Senate rejection, can
be kept secret and can be changed easily. These are now more common than treaties
Legislator:
Past:
-Constitution only gives presidents a modest role in the legislative arena.
-According to the Constitution, presidents may call Congress into special session and veto laws passed by Congress.
-End of legislative process
Now:
-"The president proposes, Congres disposes(部署)" said by P Franklin Roosevelt
-for example, Congress will decide the annual budget only after the
president has submitted spending and taxation proposals for the next fiscal year.
-"Going public": putting pressure on Congress
Executive:
Constitutional:
Leads executive branch, which administers laws that Congress passes
Past:
Before the Civil War, executive branch quite small
Now:
-As more federal programs developed, exec. branch enlarged, bigger government
-FDR sent an executive order which required all department communications to Congress first be cleared as
consistent with the president's policy by the Bureau of the budget, today's OMB. This rule has endured and is called central clearance.
This encompasses almost everything department employees would talk to Congress about. Central clearance empowers the president's budgetary
power and agenda-setting power.
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