35 years of age
natural born citizen
2) attribute
statements whose meaning becomes clear
through history, action,
precedent
generally rather nebulous
phrases which presidents have viewed as the source for prerogative powers.
These phrases, alone or in combination become the key(s) to claiming
various presidential powers
"laws be faithfully executed" + commander-in-chief = war powers
3) attribute statements
that depend more on the
"vagaries of individual
choice and environmental circumstance"
"Recommend to (Congress's) consideration such
measures as he shall judge necessary and expedient"
Constitutional Roles
of the President
1) Commander-in Chief
Art II, Sec. 2: Power as head of armed forces
2) Chief Diplomat
Art II Sec 2: Power to negotiate treaties and executive agreements
Art II Sec 2: Power to nominate ambassadors
Art II Sec 3: Power to receive ambassadors
3) Chief of State
Art II Sec 2: Power to grant reprieves and pardons
Art II Sec 2: Power to commissions officers
4) Chief Legislator
Art II Sec 3: Power to convene and adjourn Congress
Art II Sec 3: Power to address Congress on the State of the
Union
Art II Sec 3: Power to recommend legislation
Art I, Sec 7: Power to veto legislation
5) Chief Administrator
Art II Sec 2: Power to nominate judges
Art II Sec 2: Power to command the executive branch
Art II, Sec 2: Power to appoint top administrators
The Supra-Constitutional
Roles of the Presidency
Supra-constitutional roles refer to roles which have "accrued"
to the presidency but are not discoverable in the Constitution.
1) Chief of Party
Source: dominance and expansion of the presidency/ power of
appointment/ media coverage
2) Protector of the Peace/
Global Leader of the Free World
Source: US emergence during and after World War II/ US economic
dominance
3) Manager of the Economy
Source: Aftermath of stock market crash and depression/ US global
economic dominance
4) Voice of the People/
Opinion Leader/ Moral Leader
Source: media coverage of president
The Concentric Circle Approach to
the Organization of the Presidency
We have to distinguish between the President (the person who occupies the office) and the
presidency (the office and all its attendant parts)
Envision these rings as concentric circles which expand outward from the president.
The closer to the President, the more power and influence, the farther away,
the less power and influence