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Chapter 13

POSC150 Chapter 13: We the People Chapter 13 The Presidency Outline POSC150

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Political Science

Chapter 13 I. Delegated Powers  Most of the powers that the president uses are not found in the constitution • Congress has willingly handed over legislative authority to the executive branch  An unavoidable consequence of gov’t expansion since the New Deal  Ex: In 2002, Congress created the Department of Homeland Security  Which has law enforcement, public health, and immigration power  Agencies interpret Congress’s intent • Congress sometimes grants only limited discretionary authority  Ex: the IRS follows specific tax legislation • In most cases, Congress only defines a broad goal or objective  Gives a lot of discretionary power to administrators  During the 19 and early 20 centuries, Congress’s laws had clear principles and standards • Since the New Deal, they now use broad mandates and few clear guidelines  “Most public law is legislative in origin but administrative in content” -Jerry. L. Nashaw • The shift from clear guidelines to delegations is a result of the great scope and complexity of the tasks that America’s contemporary gov’t has undertaken. II. Inherent powers  Inherent powers- powers claimed by a president that are not expressed in the Constitution but inferred from it • “powers over and beyond those expressly granted in the Constitution or reasonably to be implied from express grants”  Ex: After the start of the Civil War, Lincoln issued a series of executive orders for which he had no legal authority  War and Inherent Presidential Power • Congress can declare war but Presidents have slowly seized the power for themselves  Ex: Truman sent troops to Korea and due to the emergency Congress had to approve funding because our troops were already there • The War Powers Resolution is a resolution of Congress that the president can only send troops into action abroad only if Congress had authorized it or if American troops are already under attack/severe threat.  Presidents have generally ignored this resolution III. The Presidency as an Institution  The Cabinet is the traditional but informal designation for the heads of all the major federal gov’t departments • Not a collective body- it meets but makes no decisions as a group • Must be approved by the Senate, but have no responsibility to the Senate/Congress • Cabinet appointees generally have not shared political careers • There is an “inner Cabinet” that includes the Na
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