Judicial Notes

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CHAPTER 14 NOTES

Article II
Article II, the Constitution’s Executive
Article, begins this way:
“The executive power shall be vested in a President of the United States of America.” With these few words, the Framers established the presidency.

Why Presidential Power Has Grown
* Over the course of American history, the champions of a stronger presidency have almost always prevailed. * The nation’s increasingly complex social and economic life has also influenced the growth of presidential power. * By passing laws and expanding the role of the Federal Government, Congress has increased presidential power as well. * The ability to use the mass media, as every President since Franklin D. Roosevelt has, aids in gathering and holding public attention.

The Presidential View
The nature of the presidency depends on how each President views the office and exercises its powers.

Executing the Law
* As chief executive, the President executes (enforces, administers, carries out) the provisions of federal law. * The oath of office instructs the President to carry out the laws of the land. * The other provision is the Constitution’s command that “he shall take care that the laws be faithfully executed.”

The Ordinance Power
The President has the power to issue executive orders. An executive order is a directive, rule, or regulation that has the effect of law. The power to issue these orders, the ordinance power, arises from two sources: the Constitution and acts of Congress. • •


Although not specifically mentioned in the Constitution, the ordinance power is clearly intended. •
The size of government has caused Congress to delegate more and more discretion to the President and presidential subordinates.

* The Appointment Power 
• With Senate consent, the President names most of the top-ranking officers of the Federal Government, including: 
(1) ambassadors and other diplomats; (2) Cabinet members and their top aides;...
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