TOPIC #25 — THE EXECUTIVE BRANCH: THE OFFICE OF PRESIDENT

Q1.     What decisions did the framers make in designing the office of President? Why were these difficult decisions?

Q2.     What are the enumerated powers of the President?

Q3.     How might the enumerated powers of the President been restrictively (instead of expansively) interpreted? Why have they actually been interpreted expansively?

Q4.     Does the Constitution vest additional powers (beyond the enumerated ones) in the office of President?

decisions by framers

          single vs. plural executive (Hamilton's Federalist No. 70)

          term and re-eligibility

          mode of election (to be discussed in Topic #28)

          constitutionally enumerated powers

                     commander-in-chief

                     require opinions in writing

                     grant reprieves and pardons

                     treaty-making power (with Senate advice and consent)

                     appoint officials (with Senate advice and consent)

                     recess appointments

                     veto (qualified)

                     state of union message/recommend legislation

                     convene Congress on extraordinary occasions

                     receive ambassadors

                     take care laws faithfully executed

                     “preserve, protect, and defend” the Constitution (oath)

expansive precedents concerning enumerated powers

inherent executive power?

          executive prerogative (John Locke)

          executive privilege: U.S. v. Nixon (1974)

"stewardship theory" (Theodore Roosevelt vs. William Howard Taft)