Presidential Powers: Inherent Powers, Unilateral Actions, and Executive Orders, Slides of Political Science

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UNILATERAL POWERS

AND THE MIDTERMS

Professor Sharece Thrower Department of Political Science Vanderbilt University Osher Lifelong Learning Institute Elections 2018 – The Midterms October 31, 2018

Trump Targets Birthright Citizenship with

Executive Order

What are the Constitutional Powers of the President?

Constitutional Sources of Presidential

Power

1. Expressed Powers
2. Inherent Powers
3. Delegated Powers

1. Military (Article II, Section 2) “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States”

2. Judicial (Article II, Section 2) “…and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment”

4. Executive (Article II, Sections 2 and 3) “…and he shall nominate , and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States …” “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate , by granting Commissions which shall expire at the End of their next Session” “…he shall take Care the Laws be faithfully executed …”

5. Legislative (Article I, Section 7 and Article II, Section 3) “Every Bill…before it become a Law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it…” “If any Bill shall not be returned by the President within ten Days …the Same shall be a Law ” “He shall from time to time give to the Congress information of the State of the Union and recommend to their consideration such Measures as he shall judge necessary and expedient”

1. Congress recognizes a problem
2. Congress recognizes it lacks time and/or expertise to deal with the problem
3. Congress sets basic policies and delegates to an agency/president to fill in the details E.g. – New Deal agencies created in 1930s by Congress to deal with the economy

Sources of Presidential Power Inherent Powers : Not explicitly expressed in the Constitution, but inferred from it and claimed by president Vesting Clause (Article II, Section 1, clause 1): “The executive Power shall be vested in a President of the United States of America…” Take Care Clause (Article II, Section 3, clause 5): “…he shall take care that the law be faithfully executed …”

What is the Unitary Executive Theory?

The Unitary Executive Theory

• The president has the

sole responsibility over

executive branch

• Congress does not have

the right to limit the

president’s power

The Unitary Executive Theory:

Implications

• Concentrates power with the president
• Insulates president from constraints from other branches
• This theory has been used as a legal justification for the expansion of presidential power (inherent powers) - Removal of executive branch officials - Centralized review of agencies - Unilateral actions

What are unilateral actions?