Presidential Powers 2: Crash Course Government and Politics #12

Summary

This CrashCourse episode explores the President's powers beyond the Constitution's expressed powers. It discusses the President's role as Commander-in-Chief, including the ability to use troops without a formal declaration of war. The video also covers informal powers like executive agreements, the appointment of officials, and the influence over legislation through executive orders. It highlights how these powers have evolved and the checks and balances that exist, emphasizing the President's significant influence, especially in times of war.

Takeaways

• 😌 The President is often perceived as the most powerful person in the world, but this is not explicitly stated in the Constitution.
• 🏆 Expressed powers, or formal powers, are those explicitly mentioned in the Constitution, such as being the commander in chief.
• 🤔 Informal powers are not written in the Constitution but are implied or inherent in the office of the Presidency.
• ✅ The President's expressed power as commander in chief includes the ability to command the military, even the Air Force which is not explicitly mentioned.
• 🚫 The President has the inherent power to use military force in response to immediate threats, even without a formal declaration of war from Congress.
• 🛑 The War Powers Resolution was an attempt by Congress to check the President's power to commit troops without a declaration of war.
• 🤝 The President has significant informal powers in foreign policy, including the ability to negotiate executive agreements that don't require Senate ratification.
• 👔 As the 'CEO' of the US, the President appoints judges, ambassadors, and other ministers, shaping the political agenda and directing agencies.
• 📜 The President can issue executive orders that have the force of law, though they can be overturned by Congress or the Supreme Court.
• 💡 The President can impound funds appropriated by Congress and direct the bureaucracy to implement policies in specific ways,体现了他在执行法律时的广泛权力。
• 🔒 Executive privilege allows the President to keep information secret, often for national security reasons, but this can be overridden by court orders.

Q & A

What is an expressed power of the President according to the transcript?

An expressed power is a specific power that the Constitution directly mentions the President has, such as being the commander in chief of the army and navy.

What is an informal power of the President?

An informal power is a power that the President has that does not appear within the written text of the Constitution but is implied by the wording or considered inherent in the office of the Presidency.

Why might the President send troops without a formal declaration of war from Congress?

The President might send troops without a formal declaration of war if there is an immediate threat to the US and Congress doesn't have the time or opportunity to declare war.

What is the War Powers Resolution and how does it attempt to check the President's power to use troops?

The War Powers Resolution is a United States federal law that checks the president's power to send the Armed Forces into action by requiring the president to notify Congress within 60 days of committing armed forces to military action and forbidding armed forces from remaining for more than 60 days, with a further 30-day withdrawal period, without a congressional authorization for use of military force (AUMF) or a declaration of war by the United States.

How do executive agreements differ from treaties?

Executive agreements are agreements between the US and foreign nations that resemble treaties but are not formally treaties. They do not require ratification by 2/3rds of the Senate and can be made valid with a majority vote in both houses of Congress.

What is the role of the President as the Chief Executive Officer (CEO) of the US?

As the Chief Executive Officer (CEO) of the US, the President has the power to appoint judges, ambassadors, and other ministers, which shapes the political agenda and allows the President to direct them and their agencies on how to implement laws.

What is the Legislative Initiative and how does it relate to the President's informal legislative power?

The Legislative Initiative is the President's ability to set the legislative agenda by making recommendations for laws he would like to see passed. This often involves executive branch officials drafting legislation and presenting it to Congress for refinement.

What are executive orders and how can they be overturned?

Executive orders are presidential directives or rules that have the force of law. They can be overturned by actual Congressional lawmaking or by Supreme Court decisions.

What is the President's power to impound funds and how does it work?

The President's power to impound funds allows him to withhold or delay the expenditure of budgeted funds that Congress has appropriated for specific programs or projects if he does not want them implemented.

What is executive privilege and how can it be checked?

Executive privilege is the President's ability to keep information secret, usually for reasons of national security. It can be checked and overturned by a court order, as happened in the case of U.S. vs. Nixon.

How does the President's power change during times of war?

During times of war, even undeclared wars, the President's powers often increase as Congress and the American people are usually willing to defer to the President on military matters, recognizing the inherent powers of the Commander in Chief.

Outlines

00:00

🏛️ Presidential Powers Beyond the Constitution

This paragraph discusses the concept of presidential power, distinguishing between 'expressed' or 'formal' powers outlined in the Constitution and 'informal' powers that are not explicitly stated but are inherent to the role. It explains that the President of the United States, while not the most powerful person in the world, holds significant power due to leading a globally influential nation. The paragraph delves into the expressed power of the President as commander-in-chief, which includes the ability to command the military even without a formal declaration of war by Congress. It also touches on the President's informal powers in foreign policy, such as negotiating executive agreements that do not require Senate ratification, and the role of the President as the de facto CEO of the U.S. government, with the power to appoint and direct agency heads to implement policies.

05:01

📜 Informal and Legislative Powers of the President

The second paragraph focuses on the President's legislative powers, which, despite being limited in formal terms, are substantial in practice. It explains how the President can influence legislation through the Legislative Initiative, where the executive branch drafts bills for Congress's consideration. The paragraph also discusses the President's ability to issue executive orders, which are directives with the force of law but can be overturned by Congress or the Supreme Court. Additionally, it mentions the President's power to impound funds appropriated by Congress and to direct the bureaucracy in implementing policies. The concept of executive privilege, which allows the President to withhold information considered too sensitive for national security reasons, is also covered. The paragraph concludes by noting that presidential power often increases during times of war and that new powers claimed by presidents tend to persist, with Congress often willingly granting additional authority.

Keywords

💡Expressed Powers

Expressed powers, also known as 'formal powers', are powers explicitly granted to the President by the Constitution. These include the ability to act as commander in chief of the army and navy. In the video, it's mentioned that the Constitution directly states these powers, and they are the foundation of the President's authority as outlined in the text. The script uses the example of the President being the commander in chief to illustrate this concept.

💡Informal Powers

Informal powers are not explicitly stated in the Constitution but are derived from the President's role and responsibilities. They include implied and inherent powers that are not directly mentioned but are considered part of the office. The video explains that these powers can come from the wording of the Constitution or are considered logical extensions of the Presidential role, such as the power to use troops even when Congress hasn't declared war.

💡Commander in Chief

The Commander in Chief is a role granted to the President by the Constitution, which gives them authority over the military. The video discusses how this role extends beyond just leading the armed forces during war, implying the President can command military action even without a formal declaration of war by Congress, which is a significant aspect of the President's power.

💡War Powers Resolution

The War Powers Resolution is a United States federal law that aims to check the president's power to commit the United States to an armed conflict without the consent of Congress. The video script mentions this as an attempt by Congress to limit the President's power to send troops into conflict without a formal declaration of war, requiring the President to get authorization to use troops within 60 days.

💡Executive Agreements

Executive agreements are formal agreements between the United States and other countries that are made by the President without the formal treaty ratification process. The video explains that these agreements are easier to pass than treaties because they only require a majority vote in both houses of Congress, and they are a way for the President to negotiate international agreements without extensive Congressional involvement.

💡Chief Executive Officer (CEO)

In the context of the video, the President is likened to the CEO of the United States, with the power to appoint judges, ambassadors, and other high-ranking officials who shape government policy. The script uses this analogy to illustrate how the President's power extends beyond the Constitution's explicit powers, as they effectively lead the executive branch of the government.

💡Legislative Initiative

The Legislative Initiative refers to the President's ability to propose or recommend laws to Congress. The video script explains that this is often how the President influences legislation, by suggesting laws they would like to see passed and having executive branch officials draft the legislation, which is then refined by Congress.

💡Executive Orders

Executive orders are directives or rules issued by the President that have the force of law. The video discusses how these orders allow the President to act unilaterally and bypass the legislative process, though they can be overturned by Congress or the Supreme Court. The script gives examples of significant policies made through executive orders, such as desegregation of the military.

💡Impoundment

Impoundment refers to the President's power to withhold funds that Congress has appropriated for certain programs or projects. The video script mentions this as an informal power that allows the President to influence how laws are executed by controlling the flow of funds.

💡Executive Privilege

Executive privilege is the President's ability to withhold information from other branches of government, often citing national security or other high-level concerns. The video script explains that this is a check on the President's transparency and can be overridden by a court order, as was the case with President Nixon during the Watergate scandal.

💡Constitution

The Constitution is the supreme law of the United States and the foundation of the federal government's authority. The video script frequently refers to the Constitution as the source of the President's powers, both expressed and implied, and as the document that outlines the structure and limits of the government.

Highlights

The President is often perceived as the most powerful person in the world due to leading the most powerful nation.

The President's power is not solely due to their own actions but also the global position of the United States.

The President has both expressed powers, which are outlined in the Constitution, and informal powers that are not explicitly stated.

Expressed powers include being the commander in chief of the armed forces, which can be extended to situations beyond declared war.

The President has the inherent power to use troops even when Congress hasn't formally declared war, especially in response to immediate threats.

The War Powers Resolution was an attempt by Congress to limit the President's power to commit troops without a declaration of war.

The President has significant informal powers in foreign policy, including the ability to negotiate executive agreements.

Executive agreements differ from treaties as they require only a majority vote in both houses of Congress rather than a two-thirds majority in the Senate.

The President is effectively the CEO of the United States, with the power to appoint judges, ambassadors, and other key administrative officials.

The President's power to direct agencies and implement laws is substantial, shaping the overall actions of the government.

While the President has limited formal powers over Congress, they can influence the legislative process through recommendations and drafting legislation.

Executive orders are a significant legislative power that allows the President to act unilaterally, bypassing Congress.

Executive orders can be overturned by Congress or the Supreme Court, and are not as durable as laws passed through normal legislative channels.

The President can impound funds appropriated by Congress, influencing the implementation of certain programs or projects.

Executive privilege allows the President to keep information secret, often citing national security as the reason.

The President's power, especially during war, is considerable, with the Commander in Chief's inherent powers being particularly significant.

Presidential power often increases when a president expands their own inherent or implied powers, and these powers are rarely rolled back by subsequent presidents.

Congress often willingly hands over more power to the President, which will be further discussed in the next episode.

Transcripts

This episode of CrashCourse is brought to you by SquareSpace.

Hello. My name's Craig, and this is CrashCourse Government and Politics, and today

we're gonna really figure out why the President is the most powerful man in the world. Okay,

not really, I guess, obviously, the reason he's the most powerful person in the world

is he leads what's currently the most powerful nation in the world, and he can't really take

credit for America's global position.

Besides, there's a good case to be made that the richest man in the world is the most powerful,

and if we're talking cultural influence, then who's more powerful than Kanye? According

to Kanye, no one. But rather than go down the rabbit hole of power and the secret Cabal

that actually runs the world, let's talk about the powers of the President that are not in

the Constitution, at least, not literally.

[Theme Music]

So the Constitution lays out a specific limited number of expressed powers, but the President's

able to do a lot more than what the Constitution says. Expressed powers are sometimes called

'formal powers', but the President also has informal powers that do not appear within

the written text of the Constitution. Sometimes the powers he has are implied by the wording

of the Constitution, while sometimes, they're considered inherent in the office of the Presidency,

which means that they flow logically from the ideas in the Constitution. A little confusing, right?

Well, maybe the Thought Bubble can explain.

Let's start easy with an expressed power, which is not the same as an espresso power,

which is what I'm currently running on. The Constitution says right here in the text that

the President is the commander in chief of the army and the navy. This also implies that

he can and perhaps will lead the armed forces when the nation is at war. It also implies

that he can command the Air Force, even though it only mentions the Army and Navy. So far,

so good, but what about when the nation is not technically at war?

Remember that the Constitution gives Congress the power to declare war as a check on Presidential

power, but the President still has the inherent power to use troops even when Congress hasn't

actually formally declared war. Logically, if there's an immediate threat to the US and

Congress doesn't have the time or the opportunity to declare war, the Commander in Chief must

be able to use force. So this power is said to be inherent in the office. The problem

is that once you grant that the President must have the power to use troops, how do

you limit him? What sorts of threats are so immediate and dangerous that the President

should have free reign to send troops? Other than Martian invasions or Taco Tuesday riots,

obviously. If you look at most of the times America has sent troops into conflict, especially

during the 20th and 21st centuries, it's been done with him acting as Commander-in-Chief

without a formal declaration of war. We sent troops to Korea, Vietnam, Afghanistan, and

twice to Iraq without Congress declaring war, and these are just the big ones. We're not even gonna

talk about Grenada and Panama and all the other small interventions, so is there any check on this power?

After Vietnam, Congress tried to put on the brakes by passing a War Powers Resolution,

which requires the President to get authorization to use troops within 60 days of when he first

commits them, or else he has to bring the troops back. This sounds like a pretty powerful

check, but in practice, Congress always authorized the President to use force. Thanks, Thought Bubble.

Sometimes I use force without being authorized.

The President has informal powers in foreign policy, too. Formally, the Constitution says

the President has the power to make treaties, receive foreign ambassadors, and appoint ambassadors

and ministers. The President has developed the power to negotiate executive agreements,

which are nowhere in the Constitution. Executive agreements are, well, they're agreements between

the US and foreign nations that look like treaties but aren't formally treaties. They

can come with treats, though. Brownies. Cookies. Trade concessions.

The most important difference between an executive agreement and a treaty is that the agreements

don't need to be ratified by 2/3rds of the Senate, but they become valid with only a

majority of vote in both houses. This makes them easier to pass than a formal treaty and

explains why Presidents prefer executive agreements to treaties.

Lately, there have been some very important executive agreements, like the general agreement

on tariffs and trade or GATT that has morphed into the WTO, and the North American Free

Trade Agreement, better known as NAFTA, 'cause if it were a treaty, it'd be NAFTT, and that would be NAFTY.

Although it isn't mentioned in the Constitution, the President is effectively the Chief Executive

Officer or CEO of the US. Where does this power come from? Formally, it's in the faithfully

executed clause in the Presidential Oath of Office, but more practically, it comes out

of his power to appoint judges, ambassadors, and other ministers. Sorry, judges and ambassadors,

but when it comes to executive power, it's the other ministers that matter here, because they're the

cabinet secretaries and other heads of administrative agencies that make up the bulk of the government.

The President chooses agency heads that agree with his policies- at least he hopes they

do. So his appointments shape the political agenda. But more importantly, in appointing

the ministers, the President assumes an inherent power to direct them and their agencies on

how to implement laws. This makes since. As anyone who's ever worked for a boss knows,

once you're hired you're sort of expected to know what your boss wants and to do it.

This power to direct agencies and how to execute laws is enormous. It basically directs the way the government acts.

The President has pretty limited formal powers over Congress. Other than convening special

sessions, and the veto, and the State of the Union Address, maybe, he can't do all that

much to influence them. I mean Congress usually meets without the President telling them to

and he almost never vetoes bills. But that doesn't mean that the President doesn't have

a big informal role to play in the legislative process.

The President can attempt to set the legislative agenda by making recommendations for laws

that he'd like to see passed. This is sometimes called the Legislative Initiative, and in

practice it usually means that executive branch officials will actually draft the legislation

they want and give it to Congress to refine into something they can pass. This is what

happens with big agenda items like the Affordable Care Act. You may know it as ObamaCare. Or

the Dodd-Frank Act, which, despite being named for its two Congressional sponsors was actually

written with a lot of input from the White House.

I should note here that even though it might look like the President is usurping legislative

power, Congress often gives its power to the President willingly, because it wants to avoid

responsibility for unpopular policies. He said it. I didn't say it. He said it. Also

this is pretty limited power for the President because he can't force Congress to pass anything,

even if he wrote it and says "Please, please, please, please, please." And because a President's

ability to move the agenda decreases as his popularity decreases.

There's another legislative power that the President has that is probably the most important one.

He can give executive orders. These are presidential directives, or rules, that have

the force of law. Executive orders can be overturned by actual Congressional lawmaking,

or by Supreme Court decisions. These executive orders allow the President to circumvent the

legislative process and act unilaterally. Ideally the President and Congress should

work together, but c'mon! Sometimes the President decides to go it alone. 'Cause they're...

they don't work together that often. These days anyway.

Some really important policies have been made by executive orders, including desegregating

the military and the creation of the Environmental Protection Agency. But executive orders may

not be as durable as a law passed through the normal channels. If the next president

in office disagrees with the order as a president put in place, he or she can get rid of them

just as easily as his or her predecessor put them in place.

The other informal power the President has is kind of obscure, but also pretty important.

The President can impound the funds that Congress has appropriated for certain programs or projects

if he doesn't want them implemented. More generally, under his power to execute the

laws, he can order the bureaucracy to implement policies in a certain specific way. Or sometimes

not at all. Although this can get him in to trouble

There's one last inherent power I'll mention that the President currently has and that's

executive privilege. There's probably more, but no president has asserted them yet. Basically

this is the President's ability to keep information secret by claiming that it's too important

to be revealed, usually for reasons of national security. There's a check on executive privilege

though. It can be overturned by a court order as happened in the landmark Supreme Court

case U.S. vs. Nixon. There they court ordered Nixon to turn over tapes of his conversations

with aids that might have related to the Watergate Scandal.

So even though the President isn't given a ton of power in the Constitution, the President

is pretty powerful. This is especially true during war. Even if that war hasn't been declared.

And this is a point you should remember. You should remember everything I say, but you

should remember this too. Congress and the American people are usually willing to defer

to the President on military matters and the inherent powers of the Commander in Chief are enormous.

Often increased presidential power has been the result of a president seizing the initiative

and expanding his own inherent or implied power. And once a president has established

an implied power, the next president's very unlikely to do away with it. Oh, please, more

power? No thank you. But just as often as presidents imply their own powers, Congress willingly hands

over more power. And that's what we're going to talk about in the next episode. Thanks for watching.

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