Crash Course Government and Politics: Presidential Powers

Introduction

• Host: Craig
• Topic: Powers of the U.S. President beyond the Constitution

Constitutional and Informal Powers

• Expressed/Formal Powers: Clearly outlined in the Constitution.
  • Example: President as Commander-in-Chief of Army and Navy.
  • Implies command over Air Force despite lack of explicit mention.
• Informal Powers: Not explicitly in the Constitution.
  • Implied and inherent powers that flow logically from the presidency.
  • Example: Use of troops without formal war declaration by Congress.

Use of Military Force

• Congressional Check: Power to declare war.
• Presidential Inherent Power:
  • Mobilization of troops in times of immediate threat without Congress’ declaration.
  • Historical examples: Korea, Vietnam, Afghanistan, Iraq.
• War Powers Resolution:
  • Passed post-Vietnam.
  • Requires presidential authorization to use troops within 60 days.

Foreign Policy Informal Powers

• Treaties and Executive Agreements:
  • President makes treaties and receives foreign ambassadors.
  • Executive Agreements:
    • Agreements with foreign nations without needing Senate ratification.
    • Easier to pass; examples include GATT, NAFTA.

Role as Chief Executive

• Faithfully Executed Clause:
  • Power comes from Presidential Oath and ability to appoint officials.
• Cabinet and Agency Heads:
  • Influence on political agenda via appointments.
  • Power to direct agencies on law implementation.

Legislative Influence

• Limited Formal Powers:
  • Convening Congress, veto power, State of the Union address.
• Legislative Initiative:
  • President suggests laws through executive branch officials.
  • Examples: Affordable Care Act, Dodd-Frank Act.
• Executive Orders:
  • Allow unilateral presidential action.
  • Not as durable as laws; can be overturned by successor.

Executive Privilege and Impoundment

• Impoundment:
  • President can refuse to spend funds allocated by Congress.
• Executive Privilege:
  • Ability to keep certain information confidential for national security.
  • Example: Overruled in U.S. v. Nixon.

Conclusion

• Presidential power not extensively detailed in the Constitution but is significant.
• Power often expands during war or through seizing initiative.
• Congress sometimes willingly cedes power to the President.
• Next episode will explore Congress’s role in presidential power expansion.

Additional Information

• Sponsors: Squarespace, Voqal
• Produced in association with PBS Digital Studios
• Support for Crash Course U.S. Government comes from Voqal.