Legislative powers321

I. Power to Make Treaties• Treaty- a formal agreement between two or more sovereign

states• President acts through Secretary of state and negotiates

international agreements. • Senate does NOT RATIFY but give its “Advice and Consent”• After it is approved the President RATIFIES it by the exchange

of formal notifications with the other party or parties the agreement.

• Treaties have the same legal standing as do acts passed by congress.

• Congress can repeal a treaty by passing a law contrary to its provisions and vice versa.

• If a treaty and a federal law conflict, the courts will consider the latest enacted to be the law.

• A treaty cannot conflict with the supreme laws stated in the Constitution, which never happened before.

• Senate must give the treaty approval, by receiving votes from two-thirds of the members.

• 2/3 Rule- The possibility that a relatively small minority in the senate can kill a treaty

• However, the president can get around it by proposing a joint resolution

• Joint Resolution- a move that required only a majority vote in each house.

A pact between the president and the head of a foreign of state, or between their subordinates. (does not require Senate consent)

Ex. “Destroyers-for bases deal of 1940”… US Gave Britain 50 “over-age” weapons and in-return received 999-year leases to a string of air and naval bases extending from Newfoundland to the Caribbean

Power of recognition is when the U.S acknowledges the legal existence of that country or its government.

Indicates if the U.S accepts the country as equal in the nation

Ex. Truman Recognized Israel with in hours in 1948 and it helped it to survive against Arab neighbors.

Persona Non Grata (unwelcome person)- American displeasure with the conduct of another country by asking for the recall of that nations ambassador or diplomatic representatives of the country.

• The constitution makes the president the commander in chief of the nations armed forces.

• In 1907 Theodore Roosevelt sent the Great White Fleet around the world

• He did this as a plan of training exercise for the Navy.• Several members of congress objected to the cost and

threatened to block funds for the presidents projects.• Presidents delegate much of their command authority to

military subordinates.• Most presidents have not become so directly involved in

military operations.• The President still has the final authority and

responsibility for all military made by the most critical decisions are invariably made by the commander and chief.

• Presidents have often used the armed forces abroad in combat without a declaration of war.

• At John Adams’ command the navy fought and won a number of battles with French warships harassing American merchantmen in the Atlantic and the Caribbean.

• Thomas Jefferson and then James Madison followed that president in the war against the Barbary Coast pirate of North Africa in the early 1800’s.

President Dwight Eisenhower sought the first of these measures in 1955 to block the designs the People’s Republic of China in Taiwan

In 1957, congress gave President Eisenhower the authority to use force to check Soviet efforts to gain a foothold in the Middle East

In 1962 Congress authorized President John F. Kennedy to use the armed to deal with the extraordinary dangers posted by installation of Soviet missiles in Cuba

Also, in 1962 congress passed another resolution to sanction any necessary military response to the erection of the Berlin Wall

• In Article II Section 3 the constitution states that the President should let congress know what’s going on within the nation from time to time. It also states that the

President has to discuss issues with Congress and suggest to them how he wants those issues to be carried out which is usually done in a quick manner.

• Chief Executive (the President) sends 3 messages to Capitol Hill:

1. The State of the Union message, a speech the President delivers in person to a joint session of Congress

2.The President’s budget message and an economic report is sent out after the president’s speech

 3. President also sends other messages to Congress about laws he feels that

Congress should look over and discuss that could benefit the nation

The President has four choices when he receives a bill:

     . Sign it and make it law

. The President could veto the bill, and then the bill is returned to congress. Congress can overrule his veto if two-thirds of congress from both chambers vote to keep the bill

. The President allows the bill to become law but doesn’t sign it and doesn’t veto it within ten days

. The President can also pocket veto the bill. If

Congress adjourns within 10 days of sending a bill to the president and the chief executive doesn’t act on it then it dies. The pocket veto can only be used at the end of a congressional session.

It is stated in the Constitution that the President is the only one who can call Congress into a special session

-Special session: When the legislative body is bought together to discuss an emergency situation.

It is also stated that the President is able to prorogue (adjourn) if the two houses aren’t able to come to an agreement on their day of adjournment

Fun Fact: Till this day there have only been 26 special sessions. The first special session was called by President John Adams and the Last session was called by President Harry S. Truman.

Granted by the Constitution, the President has the absolute power to give reprieves and pardons for offenses against the US, except in the case of impeachment. in this case, the President may never exercise this power.

~Reprieve: the postponement of the execution of a sentence

~Pardon: a legal forgiveness of a crime These powers are called clemency (mercy or

leniency) and they may only be exercise in cases including federal offenses.

Pardons are granted after a person is convicted, but the President can pardon a federal offender before that person has been tried or hasn't been formally seen. A pardon can be accepted or denied but it is only effective if the person charged against admits to being guilty and accepts it.

A pardon includes: ~the power to grant conditional pardons, provided the conditions are reasonable

~the power of communication that is the power o reduce the length of a sentence ora fine imposed by a court

~the power of amnesty, in effect a blanket pardon offered to a group of law violators

The President has no authority over the people who violated senate law.

African Americans are being incarcerated due to both economic and racial issues. 16.7 percent of African Americans are facing unemployment while 8.8 percent of Caucasians face unemployment. Unfortunately some people feel that all hope is lost and resort to crime in order to fulfill their financial needs. Obama created the Americans Jobs Act to attempt to fix this issue. The act said, that Obama wanted to establish a new tax credit to employers for hiring long term employees. The act also stated that they would create programs and accommodate training to people who were affected most by the recession.

William A. McClenaghan, Prentice Hall American Government, United States: Mary Magruder, 2006

John Adams: "Special Session Message," May 16, 1797. Online by Gerhard Peters and John T. Woolley, The American Presidency Project.

(http://www.presidency.ucsb.edu/ws/index.php?pid=65636#axzz1gL77XpVN )

Harry S. Truman: "Message to the Special Session of the 80th Congress," July 27, 1948. Online by Gerhard Peters and John T. Woolley, The American Presidency Project.

(http://www.presidency.ucsb.edu/ws/index.php?pid=12967#axzz1gL77XpVN)

http://www.whitehouse.gov/economy/jobs