Presidential Powers

Announcements:

READING: 341-378 in Edwards

UNIT TWO IDENTIFICATION TERMS
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Today's Essential Question: How have presidential powers been enhanced beyond those expressed in the Constitution?

Learning Standards:
CON-4.A: Explain how the president can implement a policy agenda

CON-4.A.1: Presidents use powers and perform functions of the office to accomplish a policy agenda.

CON-4.A.2: Formal and informal powers of the president include:

• Vetoes and pocket vetoes – formal powers that enable the president to check Congress
• Foreign policy – both formal (Commander-in-Chief and treaties) and informal (executive agreements) powers that influence relations with foreign nations
• Bargaining and persuasion – informal power that enables the president to secure congressional action
• Executive orders – implied from the president’s vested executive power, or from power delegated by Congress, executive orders are used by the president to manage the federal government
• Signing statements – informal power that informs Congress and the public of the president’s interpretation of laws passed by Congress and signed by the president

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Presidential Powers
The president, as head of the executive branch, has a great variety of both constitutional and informal powers. Over the next several days, we will look at the powers the president wields in both domestic and foreign affairs.

We will begin by taking a look at the president and his military and foreign policy powers as Commander in Chief. The framers created a system of shared military powers between the legislative and executive branch. Read this backgrounder to understand how power is split between these two branches.  There is still much debate about how that power should be balanced and the growth of the presidency in the modern era. As you read, answer the following questions in your notes.

1. What military and foreign powers does Congress have?
2. What are the military and foreign policy powers that the President has?
3. Describe the various military and foreign policy issues that create conflict between the President and Congress.
4. What has been the general trend regarding the military/foreign power between the President and Congress? Why has this occurred?


One of the more pressing questions involves unilateral presidential action, especially the use of nuclear weapons. Read this article, Can Anyone Stop Trump from Attacking North Korea?


War Powers Resolution Act
The War Powers Resolution was passed over the veto of President Nixon in 1973. It was an attempt by Congress to reassert lost military authority in response to actions of the Vietnam War. Watch the video below to learn about the major provisions of the War Powers Act and what effect it has had on limiting presidential military power.



Provisions of the War Powers Act
1. Notification of Congress within 48 hours 
2. Sixty days of military action without Congressional approval
3. Thirty days to remove troops if Congress votes against military action

Earlier this year, Congress invoked the War Powers Act and passed a joint resolution calling for an end to military assistance in the conflict in Yemen. President Trump vetoed this resolution and US military assistance continues. Should Congress have a bigger say in military actions or does the role of the President as Commander in Chief enable unilateral decision making in military affairs?

Read this article on the conflict between Congress and the White House over the role of military decision making regarding US involvement in Yemen.







Questions (answer in your notes):
1. How does the Constitution distribute war powers between the President and Congress, and why did the Founders decide on this arrangement?
2. What was the War Powers Resolution of 1973?
3. Does the modern world require that the President have war power authority never envisioned by the framers? For example, can Congress respond sufficiently quickly to hijackings, terrorist bombings at overseas facilities, and other threats to American citizens?
4. What limits, if any, should Congress impose on presidential war making powers?