Answer questions in paragraphs

POLITICAL SCIENCE 423: PRESIDENT, CONGRESS, & SCOTUS

Professor Hartman Week 12

POLS 423 - Security Studies

Formal Presidential Powers 1.  Commander-in-Chief

•  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 actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices… (US Constitution, Article II, Section 2)

POLS 423 - Security Studies

Formal Presidential Powers •  He shall have power, by and with the advice

and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls…

POLS 423 - Security Studies

Formal Presidential Powers 2.  Chief Executive

•  “Heads” the national security establishment •  All executive dept. resources for intelligence &

analysis & implementation of policy •  NSC Staff

•  Appoints all senior officials, including military officials

•  Executive Orders •  E.g., “Don’t Ask, Don’t Tell”

3.  Veto Power

POLS 423 - Security Studies

Informal Sources of Presidential Power •  Status, prestige & popularity

•  Status of the office – Head of State •  Only nationally elected official •  Symbol of country

•  Prior experience = status •  Positive example

•  Bush Sr., Heads CIA, Ambassador to China •  Negative example

•  Clinton (draft avoider/protester) & military •  Public Support

POLS 423 - Security Studies

Informal Sources of Presidential Power •  Networks & ties to other political leaders &

appointees •  Johnson’s Senate ties •  Election campaign help

•  Personality •  Reagan – very effective with domestic public •  Clinton – very effective with foreign leaders •  Carter?

•  “Bully-Pulpit”

POLS 423 - Security Studies

Congressional Powers •  Article I, Section 8:

1.  The congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States;

2.  To declare war, 3.  To raise and support armies, 4.  To provide and maintain a navy; 5.  To make rules for the government and regulation

of the land and naval forces.

POLS 423 - Security Studies

Formal Sources of Congressional Power •  Budget authority •  Investigative authority •  Confirm senior appointments (Senate) •  Ratify international treaties (Senate) •  Large number of committees and

subcommittees with staff able to probe many issues

•  Declaration of War •  War Powers Act 1973

POLS 423 - Security Studies

War Powers Act 1973 •  President cannot commit U.S. forces to

overseas combat for more than 60 days without specific authorization from Congress [Sec. 5(b)]

•  Congress can direct withdrawal of U.S. forces from overseas combat at any time [Sec. 5(c)]

POLS 423 - Security Studies

Constraints on Congressional Power •  Authority split between 2 houses •  Large number of members with diverse

agendas •  Acts slowly

•  Collective Action Dilemma •  National vs. district needs

POLS 423 - Security Studies

House Committees •  Committee on Appropriations •  Committee on Armed Services •  House Permanent Select Committee on

Intelligence •  Committee on International Relations •  Select Committee on Homeland Security

POLS 423 - Security Studies

Senate Committees •  Appropriations Committee •  Armed Services Committee •  Foreign Relations Committee •  Government Affairs Committee •  Senate Select Committee on Intelligence

POLS 423 - Security Studies

Congressional Oversight •  Special/Select Committees

•  Investigative powers to review bureaucratic productivity.

•  Government Accountability Office •  Audits, reviews, reports Executive activity for Congress

•  Congressional Budgetary Office •  Research and forecast cost/effectiveness of legislative

proposals. •  Provides a “scorecard” for the evaluation process.

•  Congressional Staff

POLS 423 - Security Studies

SCOTUS & National Security •  Policy isolation •  Limited policy inclination •  Key in Policy Legitimization

•  Determines the interpretation of Executive “vesting clause” •  Clarifies parameters of Authorizations to Use Force Acts •  Interacts with the Department of Justice on issues of

warrants and the publicity of clandestine reports.

POLS 423 - Security Studies

POLS 423 - Security Studies

END OF LECTURE

THANK YOU FOR YOUR ATTENTION!