•What is ordinance power, and where does it come from?
•How does the appointing power work?
•How has the debate over the removal power evolved?
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.
What is an Executive Order (click the video link):www.youtube.com/watch?v=oyOf3g-PJ94
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;
(3) the heads of such independent agencies as the EPA and NASA;
(4) all federal judges, attorneys, and U.S. marshals;
(5) all officers in the armed forces.
The Removal Power
The Historical Debate
•Debate ensued in the First Congress as to whether the President could remove appointees without the consent of the Senate.
•The view that the President may remove the officials he appoints without Senate consent has prevailed over time.
•In general, the President may remove any appointees except federal judges.
Which of the following statements about the President's power of removal is TRUE?
a. For those offices for which Senate approval is required for appointment, Senate consent is also required for removal.
b. Any person holding office by presidential appointment with Senate consent must remain in that office until the Senate confirms a successor.
c. Any person holding office by presidential appointment with Senate consent may be removed only for incompetence.
d. As a general rule, the President may remove any officeholders he or she has appointed.
Which of the following gives the President the power to issue executive orders?
a. the Constitution and the judicial branch
b. congressional acts and the Constitution
c. congressional acts and the oath of office
d. the oath of office and the Constitution
In essence, the ordinance power gives the President the right to
a. organize the judicial branch. c. administer laws.
b. set up offices. d. appoint federal employees.
Answers: D / B / C