Presidential Power and the Imperial Presidency in Article II of the Constitution
Experts sometimes call
Article II, the most
“loosely drawn chapter”
of the Constitution.
What do you think
the framers had in mind?
Why is the wording of the
Constitution so broad?
Enquiry Question:
How powerful is the
president?
Learning Objectives
•
To explain the sources of presidential power,
both informal and formal
•
To evaluate the extent to which the
presidency may be considered ‘imperial’
Where does presidential power come
from?
TRAFFIC LIGHT TASK:
EASY:
Complete the table to
show which powers of the
president are formal or
informal.
MEDIUM:
Explain what each power
is.
HARD:
Give an example from the
Obama/Trump
presidencies.
Learning Objectives
•
To explain the sources of presidential power,
both informal and formal
•
To evaluate the extent to which the
presidency may be considered ‘imperial’
The Imperial Presidency
•
The concept of the Imperial Presidency first came about during
the 1960's, and was later made popular by historian Arthur M.
Schlesinger Jr., after he wrote a book on the subject
entitled
The Imperial Presidency .
•
It is a term used to describe the modern executive branch, and
the unconstitutional powers the office has gained since the
early 1900’s.
•
The book itself was written as a result of Schlesinger's
observations of recent Presidents of his time, including Nixon,
Coolidge, and Roosevelt, and commented in particular on
abuses of executive power in regards to the armed forces.
•
Recently, the Imperial Presidency term has come into usage
once again following the Bush and Obama administrations,
which took many actions which arguably, qualified them as
Imperial Presidencies.
•
The President wields an enormous amount of power – but this does not always make a
president “imperial” – it is how he uses this power.
•
Vetoing bills in of itself invests an enormous amount of power in the president.
•
As the number of staff members has increased, so has the amount of people with
personal loyalties to the president, thus increasing the influence the president has over his
cabinet even further.
•
The constitutional boundaries of the president do not restrict them, because of the
powers that the president invokes are often "executive" in nature.
•
From "executive orders" to "executive privilege" the president invokes many powers not
granted them in the constitution.
•
During Nixon's presidency, the use of executive privilege to conceal the contents of tapes
recorded in the oval office was specifically declared unconstitutional, yet both president
Bush and Obama have invoked it on several occasions, usually when concerning the
military.
•
Even though the president has many powers inherent through the constitution, the extent
to which he stretches them is often called into question.
•
George W. Bush is one example of that. Bush is often though of as an Imperial president as
his presence in the Middle-East was unprecedented and unsupported with such ferment
in his two term presidency.
•
Many conflicts were not officially wars, as they were on terrorists, and not quite a political
group.
•
The decades of war far surpassed the few months that a president is allowed to have non-
verified presence in a foreign country on a military basis.
The Imperial Presidency
How can you tell if a presidency is
“imperial”?
When appointing Cabinet
Members and other
Executive Official, the Senate
does not gain a say in the
decision
Excessive abuse of the
military
Extension of the war powers
Used powers surpass that of
the Constitution
Branch is expanded under
presidential term to a more
powerful size
Use the imperial presidency ‘check
list’ to consider whether a
president is imperial.
What other things might you look
for?
FOCUS:
Executive Orders
YOUR TASK:
•
Read the article “With the stroke of a pen” by
Kenneth Mayer.
•
Highlight or underline 10 quotes ONLY from
the article that summarise the key points.
NB:
Think about what type of reading approach
you will use for this article:
skimming/scanning/reading for understanding?
Trump Watch
YOUR TASK:
•
Access the list of Donald Trump’s Executive Orders
https://en.wikipedia.org/wiki/List_of_executive_actions_by_Donald_Trump#Executive_orders
•
Choose an executive order, make sure it is different from the rest of the
class.
•
Prepare a 2 minute verbal explanation of the executive order, its impact
and whether or not this is evidence of an ‘imperial’ presidency.
FOCUS:
Executive Privilege
Definition of Executive Privilege:
refers to the assertion made by the
President or other executive
branch officials when they refuse
to give Congress, the courts, or
private parties information or
records which have been
requested or subpoenaed, or
when they order government
witnesses not to testify before
Congress.
The assertion is based on the
constitutional doctrine of separation of
powers, though nothing in the
Constitution expressly mentions
Executive Privilege
.
Read the handout to learn
about Nixon.
FOCUS:
Executive Privilege
YOUR TASK:
•
Read each "secret".
•
In the space to the left of
the "secret" write "SS" for
"state secrets" or "CED" for
"confidential executive
deliberations."
•
To the right, mark "P" if you
think the secret should be
protected under executive
privilege or "NP" if you
think the secret would not
be protected.
•
Explain why you think the
secret would or would not
be protected.
Learning Objectives
•
To explain the sources of presidential power,
both informal and formal
•
To evaluate the extent to which the
presidency may be considered ‘imperial’
Debating Political Ideas
YOUR TASK:
•
In pairs you will be assigned a president.
•
One of you will argue for Position A and the other will argue for Position B.
•
You need to identify 5 key arguments (and examples!) to support your position.
•
Work together to discuss the arguments and counter arguments before committing
them to your hand-out.
•
You will need to role play your scenario and arguments to the rest of the class.
Debating Political Ideas
YOUR TASK:
•
Presidents: Trump, Obama, GW Bush, Clinton, GWH Bush
•
Position A: This president was an imperial president
•
Position B: This president was not an imperial president
Homework
Application Task:
Debating the Imperial Presidency – preparation and
research
Flipped Learning Preparation Task:
The Vice President (Bennett p229-239)
Stretch & Challenge Task
Article:
Don’t Just Impeach Trump. End the Imperial
Presidency
Read the article here.
Listen to the podcast
“King Obama, King
Trump: The Dangers of
the Imperial Presidency
here.
EXAMPLE RESEARCH & PREPARATION:
Article II of the Constitution, often seen as loosely drawn, grants the President significant powers. This chapter examines the sources of presidential power, both formal and informal, and delves into the concept of the Imperial Presidency, exploring how modern presidents have wielded authority and the implications of their actions.
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Presentation Transcript
Experts sometimes call Article II, the most loosely drawn chapter of the Constitution. What do you think the framers had in mind? Why is the wording of the Constitution so broad?
Enquiry Question: How powerful is the president?
Learning Objectives To explain the sources of presidential power, both informal and formal To evaluate the extent to which the presidency may be considered imperial
Where does presidential power come from? TRAFFIC LIGHT TASK: EASY: Complete the table to show which powers of the president are formal or informal. MEDIUM: Explain what each power is. HARD: Give an example from the Obama/Trump presidencies.
Power of the President F/I? Explanation Example Veto power Power to go public Command armed forces Power of persuasion Power of pardon Make executive agreements Appointment powers Issue executive orders Make treaties Issue signing statements Convene Congress Create and use bureaucracy Personality and leadership Make legislative proposals
Learning Objectives To explain the sources of presidential power, both informal and formal To evaluate the extent to which the presidency may be considered imperial
The Imperial Presidency The concept of the Imperial Presidency first came about during the 1960's, and was later made popular by historian Arthur M. Schlesinger Jr., after he wrote a book on the subject entitled The Imperial Presidency . It is a term used to describe the modern executive branch, and the unconstitutional powers the office has gained since the early 1900 s. The book itself was written as a result of Schlesinger's observations of recent Presidents of his time, including Nixon, Coolidge, and Roosevelt, and commented in particular on abuses of executive power in regards to the armed forces. Recently, the Imperial Presidency term has come into usage once again following the Bush and Obama administrations, which took many actions which arguably, qualified them as Imperial Presidencies.
The Imperial Presidency The President wields an enormous amount of power but this does not always make a president imperial it is how he uses this power. Vetoing bills in of itself invests an enormous amount of power in the president. As the number of staff members has increased, so has the amount of people with personal loyalties to the president, thus increasing the influence the president has over his cabinet even further. The constitutional boundaries of the president do not restrict them, because of the powers that the president invokes are often "executive" in nature. From "executive orders" to "executive privilege" the president invokes many powers not granted them in the constitution. During Nixon's presidency, the use of executive privilege to conceal the contents of tapes recorded in the oval office was specifically declared unconstitutional, yet both president Bush and Obama have invoked it on several occasions, usually when concerning the military. Even though the president has many powers inherent through the constitution, the extent to which he stretches them is often called into question. George W. Bush is one example of that. Bush is often though of as an Imperial president as his presence in the Middle-East was unprecedented and unsupported with such ferment in his two term presidency. Many conflicts were not officially wars, as they were on terrorists, and not quite a political group. The decades of war far surpassed the few months that a president is allowed to have non- verified presence in a foreign country on a military basis.
How can you tell if a presidency is imperial ? When appointing Cabinet Use the imperial presidency check list to consider whether a president is imperial. What other things might you look for? Members and other Executive Official, the Senate does not gain a say in the decision Excessive abuse of the military Extension of the war powers Used powers surpass that of the Constitution Branch is expanded under presidential term to a more powerful size
FOCUS: Executive Orders YOUR TASK: Read the article With the stroke of a pen by Kenneth Mayer. Highlight or underline 10 quotes ONLY from the article that summarise the key points. NB: Think about what type of reading approach you will use for this article: skimming/scanning/reading for understanding?
Trump Watch YOUR TASK: Access the list of Donald Trump s Executive Orders https://en.wikipedia.org/wiki/List_of_executive_actions_by_Donald_Trump#Executive_orders Choose an executive order, make sure it is different from the rest of the class. Prepare a 2 minute verbal explanation of the executive order, its impact and whether or not this is evidence of an imperial presidency.
FOCUS: Executive Privilege Definition of Executive Privilege: refers to the assertion made by the President or other executive branch officials when they refuse to give Congress, the courts, or private parties information or records which have been requested or subpoenaed, or when they order government witnesses not to testify before Congress. The assertion is based on the constitutional doctrine of separation of powers, though nothing in the Constitution expressly mentions Executive Privilege. Read the handout to learn about Nixon.
FOCUS: Executive Privilege YOUR TASK: Read each "secret". In the space to the left of the "secret" write "SS" for "state secrets" or "CED" for "confidential executive deliberations." To the right, mark "P" if you think the secret should be protected under executive privilege or "NP" if you think the secret would not be protected. Explain why you think the secret would or would not be protected.
Learning Objectives To explain the sources of presidential power, both informal and formal To evaluate the extent to which the presidency may be considered imperial
Debating Political Ideas YOUR TASK: In pairs you will be assigned a president. One of you will argue for Position A and the other will argue for Position B. You need to identify 5 key arguments (and examples!) to support your position. Work together to discuss the arguments and counter arguments before committing them to your hand-out. You will need to role play your scenario and arguments to the rest of the class.
Debating Political Ideas YOUR TASK: Presidents: Trump, Obama, GW Bush, Clinton, GWH Bush Position A: This president was an imperial president Position B: This president was not an imperial president
Homework Application Task: Debating the Imperial Presidency preparation and research Flipped Learning Preparation Task: The Vice President (Bennett p229-239) Stretch & Challenge Task Article: Don t Just Impeach Trump. End the Imperial Presidency
EXAMPLE RESEARCH & PREPARATION: Listen to the podcast King Obama, King Trump: The Dangers of the Imperial Presidency here. Read the article here.
