Text 1 THE PRESIDENCY

1. The Constitutional Basis of presidential power.

When the presidency was created, the colonies had just fought a war of independence, their reaction to British domination had focused on the autocratic rule of King George III. The delegates to the Constitutional Convention were extremely wary of unchecked power, they were determined not to create a presidential office whose occupant could become an all- powerful dictatorial figure.

The delegates’ fear of a powerful presidency was counterbalanced by their desire for strong leadership. The Articles of Confederation - which did not provide for a single head of state had failed to bind the states together into a unified nation. In addition, the governors of the individual states had generally proved to be inadequate leaders because they had few formal powers. The new nation was conspicuously weak, its congress had no power to compel the states to obey its legislation. With the failed confederation in mind, John Jay wrote to George Washington: “ Shall we have a king?”

Although the idea of establishing an American royalty was far from popular among the delegates, they knew that some type of executive office had to be created. Their task was to provide national leadership without allowing any opportunity for tyranny.

2. Initial Conceptions of the presidency.

Debates over the nature of the office began. Should there be one president or a presidential council, or a committee? Should the president be chosen by Congress and remain largely subservient to that body? Initial approval was given to a plan that called for a single executive, chosen by Congress for a seven year term and eligible for re- election. But some of the delegates continued to argue for a strong president who would be elected independently of the legislative branch.

The final shape of the presidency reflected the “checks and balances” philosophy that shaped the entire Constitution. In the minds of the delegates important limits were imposed on the presidency through the powers specifically delegated to the Congress and the courts. Those counterbalancing powers would act as checks, or controls, on presidents who might try to expand the office beyond its proper bounds.

3. The Powers of the President.

The requirements for the presidency are set forth in Article II of the Constitution: A president must be natural-born citizen, at least thirty five years old, who has lived in the USA for a minimum of 14 years. The responsibilities of presidents are also set forth in Article II. In view of the importance of the office, the constitutional description of the president’s duties is surprisingly brief and vague. The vagueness has led to a repeated conflict over the limits of presidential powers.

There were undoubtedly many reasons for Article II’s lack of precision. One likely reason was the difficulty of providing and at the same time limiting presidential power. Furthermore, the framers of the Constitution had no model- no existing presidency- on which to base the description of the office. And, ironically, their description of the presidency might have been more precise if they had had if less confidence in George Washington, the obvious choice for the first president. According to one account of the Constitutional Convention, “ when Dr. Franklin predicted on June, 4 that the first man put at the helm will be a good one,’ every delegate knew perfectly well who that good man was to be.” The delegates had great trust in Washington, they did not fear that he would try to misuse the office.

The major duties and powers that the delegates listed for Washington and his successors can be summarized as follows:

o Serve as administrative head of the nation. The Constitution gives little guidance on the presidential administrative duties. It states merely that “ the executive power shall be vested in the President of the United States of America” and that “ he should take care that the laws be faithfully executed”. These imprecise directives have been interpreted to mean that the president is to supervise and offer leadership to various departments, agencies and programs created by Congress. In practice, a chief executive spends much more time making policy decisions for his Cabinet departments and agencies than trying to enforce existing policies.

o Act as commander in chief of the military. In essence, the Constitution names the president as the highest ranking officer in the armed forces. But it gives the Congress the power to declare war. The framers no doubt intended to control the president’s military power, nevertheless, the presidents have initiated military action without the approval of Congress. The entire Vietnam war was fought without a congressional declaration of war.

o Convene Congress. The president can call Congress into special session on extraordinary occasions, though this has been done only rarely. He must also periodically inform Congress of the state of the union.

o Veto legislation. The president can veto any bill or resolution passed by Congress, with the exception of joint resolutions that propose constitutional amendments. Congress can override a presidential veto with a two-thirds vote in each house.

o Appoint various officials. The president has the authority to appoint federal court judges, ambassadors, Cabinet members, other key policy makers, and many other officials. Many appointments are subject to Senate confirmation.

o Make treaties. With the advice and consent of at least two-thirds of those senators voting at the time, the president can make treaties with foreign powers. The president is also to receive ambassadors, a phrase that presidents have interpreted as the right to recognize other nations.

o Grant pardons. The president can grant pardons to individuals who have committed “Offences against the United States, except in cases of Impeachment.”

LANGUAGE PRACTICE AND COMPREHENSION CHECK

TASK I Active Vocabulary

a) Consult a dictionary to find the meanings of the following words and word combinations.

autocratic(adj.)

bind together(v.)

conspicuous(adj.)

compel(v.)

subservient(adj.)

eligible(adj.); eligibility(n.)

precise(adj.)

at the helm of

vest in(v.)

override(v.)

b) Insert the missing words from the list above.

1. The new president established an … control over the White House staff.

2. Your own needs must be … to that of the group.

3. The campaign had been a … success.

4. The company flourished with such a famous lawyer ….

5. Are you … for social security benefits?

6. The mayor felt … to resign because of the allegations of press.

7. The … details of the sale have not yet been released.

8. In most countries the right to make new laws is … in the people’s representation.

9. Their shared experience in war helped to … the two communities together.

10. The principal … the teacher’s rule and let the children stay outside.

TASK II Complete the following table.

NOUN	VERB	ADJECTIVE
?	?	autocratic
?	to obey	?
Occupant	?	?
?	?	vague
?	to execute	?
confidence		?
?	to expand	?
?	to describe

TASK III Match the words to their synonyms and use them in the sentences of your own.

1. to establish a. develop, elaborate

2. to bind b. honest, reliable

3. subservient c. launch, set going

4. conspicuous d. subordinate

5. entire e. connect, secure

6. to expand f. flawless; authentic

7. perfect g. complete, unbroken

8. faithful h. apparent, evident

9. initiate i. constitute

10. extraordinary j. bizarre, marvelous

TASK IV Add adjectives to the following nouns to use them in a broader context.

a------- rule

u------ power

p--------- office

u------ nation

f---- powers

n----- leadership

s---- executive

p----- description

m---- duties

i----- directives

r------ officer

c-------- declaration

TASK V Prove the same or contrary using the following phrases to express agreement or disagreement.

I agree I don’t really agree

It’s perfectly right Of course, not

Precisely That’s absurd

That’s true That’s not really how I see it

1. The delegates of the Constitutional Convention wanted to guarantee a non- dictatorial rule.

2. The Articles of Confederation failed to create a unified state.

3. The newly established Congress compelled the states to obey its legislation.

4. The task of the framers was to establish an American royalty.

5. ‘Checks and balances’ philosophy is reflected in the idea of presidency.

6. The Congress and courts have rights to limit presidential powers.

7. The requirements for the presidency are set forth in Article I of the Constitution.

8. The constitutional description of the president’s duties is precise and clear-cut.

9. Washington was sure to be elected the first president.

10. Congress cannot override presidential veto.

11. Presidents have never initiated military actions without the approval of the Congress.

TASK VI

a) Consider the definition of an idiom.

idiom form or expression peculiar to a language or person,

peculiarity of phraseology approved by usage though

having no meaning not deducible from those of the

separate words

(The Concise Oxford Dictionary)

b) Find the sentence in the text which contains an idiom that means “ in charge or in control” e. g. There is a new man in charge of the company.

c) Use the idiom in a broader context.

TASK VII Comment on the following quotation:

Oh, if I could be President and Congress too for just ten minutes. Theodore Roosevelt to Franklin D. Roosevelt

Text 2 The Power of Appointment

The president's power to appoint and remove those subordinate officials was a necessary complement to his power to manage the executive branch. Members of the president's administration are responsible for carrying out the duties of the office they have been selected to fill and to serve the president who appointed them.

Article II, section 2, provides that the president

...shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme court and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the Presidents alone, in the courts of law, orin the heads of departments.

The clause provided four methods of appointment: presidential appointment with Senate confirmation, presidential appointments without Senate confirmation, appointments by courts of law and appointments by heads of departments. Congress exercisesno power to appoint executive officers though it may set qualifications for offices established by statute. Congressional requirements usually have pertained to citizenship, grade, residence, age, political affiliation and professional competence.

The appointment power of the president has been exercised in conformance with a blend of historical precedents, custom, constitutional requirements and statutory provisions establishedby Congress.

Congress has narrowed the range of officers over whom the president has the discretionary appointment power. The creation of the Civil Service Commission and the steady addition of positionsto the professional civil service list have reduced the scope of the president's exercise of the appointment power. Moreover, the establishment of a professional foreign service and the enumeration of the list of diplomatic posts available forpresidential appointments also narrowed the president's range of appointments.

The court has decided only a few cases with respect to the appointment process but the decisions made, beginning with Marbury v. Madison, control the president's power to nominate and appointand limit his discretionary exercise of the removal power.

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