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The Framers
Two reasons the Framers of the Constitution had for creating a strong executive:
- Without an executive, the national government would have no one to carry out the acts of Congress and the government would have difficulty responding quickly to problems and enforcing laws.
- They wanted a strong executive branch that would protect liberty, private property, and businesses. -
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Head of State
As head of state, the president represents the nation and performs many ceremonial roles. Some duties as head of state are specifically mentioned in Article 2 of the Constitution. They can range from hosting dignitaries to playing an important role during a natural disaster to various ceremonial duties. -
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Executive Power
Executive powers are described in the Constitution, however, the document does not provide very many details about the components of the powers. Once Congress passes a law, it becomes the president’s responsibility to put that law into action. The president must be faithful in how the law is implemented and executed. -
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Executive Orders
These orders are presidential directives that have the force of law without the approval of Congress and were implied by the Constitution. Article 2 grants the president executive power and making certain that “the laws be faithfully executed.” President Eisenhower used executive order to force the Little Rock, Arkansas public schools to desegregate. President Carter used executive order to put thousands of acres of land in Alaska under control of the National Park Service. -
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Chief Executive
As chief executive, the president directs the activities of the thousands of executive branch employees who carry out the laws Congress passes and runs the programs Congress creates. The laws and programs range over many areas of public concern from Social Security, taxes, housing, flood control, and energy to civil rights, healthcare, education, and environmental protection. -
Executive Privilege
Executive privilege is the power not named in the constitution. It is the right to withhold from Congress or the courts information about communications between the president and their advisers. Presidents from Washington to Trump have resisted demands to share sensitive information with Congress. Some have succeeded. But over the past few decades, presidents have lost key court battles to withhold information. -
President Thomas Jefferson vs Inherent Power
Thomas Jefferson purchased the Louisiana Territory from France. The Constitution did not state that a president had the power to acquire a territory. However, Jefferson decided that such a power was attached to the office itself, and the Senate agreed and ratified the Louisiana purchase treaty. -
President Thomas Jefferson, President Richard Nixon & Impoundment of funds
A president can impound (refuse to spend) funds that Congress approved to carry out programs if they don’t agree with Congress about what programs should exist. Jefferson did not spend money that Congress had set aside for new gunboats because he believed they were no longer needed. Nixon impounded billions of funds in a single year for programs he opposed. Groups that would’ve benefited from those programs ended up taking Nixon to court who ordered the president to spend the appropriated money. -
President Abraham Lincoln & Inherent Powers
During the Civil War, Lincoln took many actions that exceeded acceptable limits of presidential authority by:
- Suspending the writ of habeas corpus and jailed opponents of the -Union without a trial or the legal authority to do so.
- Raised an army before getting Congress’s approval and took legal action against the South by blockading its ports.
He claimed these powers of office gave him the authority to do what was necessary to preserve the Union. -
President Abraham Lincoln and the Emancipation Proclamation
Lincoln used executive power to issue the emancipation proclamation which freed slaves. -
President Andrew Johnson & Impeachment
The House impeached him just after the Civil War over issues related to how southern states would be reconstructed. Johnson was acquitted by one vote by the Senate and remained in office. -
President Theodore Roosevelt vs Broad View of Presidential Power
Roosevelt believed that it was both the president’s right and duty to “do anything that needs of the Nation demanded, unless such action was forbidden by the Constitution or by the laws.” He took aggressive actions including “trust-busting” and intervention in labor disputes which was unlike any presidents before him. He used every ounce of power he had while in office and didn’t care what anybody thought, and believed that government depended upon its possessing a strong central executive. -
President Franklin Roosevelt & Inherent Powers
He came in office during the Great Depression and took more leadership in steering the economy than any president before him by convincing Congress to create a vast number of programs known as the New Deal which would improve the economy. As a result, the executive branch expanded to carry out those programs and enlarged the role of government in American life and left his successors the modern presidency. -
President Harry Truman and President Franklin Roosevelt
President Harry Truman used an executive order to radically integrate the Armed Forces. President Franklin Roosevelt Use one to replace Japanese Americans in intermittent camps during World War II. Some presidents have even used the executive orders to bypass Congress when they are unable or unwilling to pass a law. -
President Harry Truman vs Inherent Power
When an inherent power is exercised by the president, Congress and the courts may either try to limit the power or go along with it. President Truman took over the nation’s steel mills during a strike in order to prevent a disruption of steel production during the Korean War. The Supreme Court declared his action unconstitutional because the president’s power to seize private property was not listed in Article 2 of the Constitution. -
President London Johnson vs Popular Opinion
Public dissatisfaction over Johnson’s conduct with the Vietnam war convinced him not to run for reelection because without a favorable public opinion, there would be no chance for him to win. -
President Nixon & Impeachment
House had prepared impeachment charges against him but he resigned before the full House vote. -
President Gerald Ford, President Richard Nixon, President Jimmy Carter & Reprieves, Pardons, and Amnesty
A reprieve postpones legal punishment. A pardon releases a person from legal punishment. Presidents are able to grant reprieves and pardons for federal crimes. Ford granted Nixon a full pardon before he could be indicted for any crimes he might’ve committed during the Watergate scandal. Amnesty is a pardon for a group of people who have committed an offense against the government. Carter granted amnesty to young men who evaded the draft during the Vietnam War. -
President Ronald Reagan, President Bill Clinton, President George W. Bush & President Barack Obama
Even though presidents can issue executive orders, the next president can just as easily reversed them. Reagan issued an executive order restricting federal funding for family-planning groups who performed or actively promoted abortions in other countries. Clinton reversed this order after taking office. Bush then reinstated the limits on funding first ordered by Reagan. Then, Barack Obama renewed funding for such groups.President Barack Obama -
President Bill Clinton vs Public Opinion
Clinton proposed major changes to the nation’s health care system that various groups began to campaign against and Congress decided not to act on his proposal. Once public opinion shifted during the Obama presidency, Congress passed a new healthcare law. -
President Bill Clinton & Impeachment
House voted to impeach him over charges that he committed perjury and obstructed justice in an investigation about his relationship with someone that worked in the White House. Clinton was acquitted by the Senate and remained in office. -
President George W Bush & Inherent Powers
He declared a “war on terrorism” after the September 11, 2001 terrorist attacks and claimed significantly expanded powers to fight terrorism. Congress gave Bush intelligence-gathering powers through the Patriot Act, that allowed his administration to collect intelligence on people both in and outside of the United States and responded to terrorist attacks with military force. -
President Donald Trump & Impeachment
House charged him with abuse of power and obstruction of Congress. Trump was acquitted by the Senate and remains in office. -
Modern Day Presidential Roles
Seven main roles of the president today:
- Head of State
- Chief Executive
- Commander in Chief
- Chief Diplomat
- Legislative Leader
- Economic Planner
- Party Leader