The Presidency - Unenumnerated Executive Powers-Executive Prviledge

As you probably know, the "Founding Fathers" of the United States wanted to make sure that no one person had too much power over the people. This is why they created the three branches that are the main components of our federal government. Even though the Constitution spells out specific powers and duties for the president, however, presidents frequently take on powers and responsibilities that are not stated in the Constitution. In this activity, you need to consider the role of the president and think carefully about how much power and privilege you think the president should have. You will use the Internet to gather information that will help you answer the following questions in an essay:

How much power and privilege should a president have within the federal government?
How literally should the president take his roles in the Constitution? Should he be allowed to perform more duties than the Constitution spells out? Why or why not?
Should the president have more privileges than an average citizen? Why or why not?

Part I. Review
A. Review your knowledge of the federal government's system of checks and balances. You can refer to this Library of Congress page http://lcWeb2.loc.gov/const/abt_const.html for information on the structure of the federal government. Or this graphic on separation of powers. Explain in a short paragraph (three or four sentences) how the system of checks and balances works and why the Founders thought it was an essential system.

 

Write a paragraph and draw a graphic of separation of powers and checks and balances:

 

 

B. Review your Constitution! In particular, read Article II, which spells out the roles of the president. It's online in several locations, including http://www.house.gov/Constitution/Constitution.html. You'll be referring to it in a few minutes.

What does Article II say about exeucitve privledge?

Part II. Research
A. Obviously, not everyone will agree with everything a president does while in office. All presidents make decisions and take actions that create controversy. Some presidents have made particularly controversial, and in some cases clearly unethical, decisions during their presidencies. A president will sometimes invoke his "Executive Privilege" to keep information from Congress. The president generally has the right to do this, but it has gotten several presidents into trouble. You'll learn more about Executive Privilege from some of the Web sites listed below.
Four issues that have created controversy in certain presidencies are listed below, along with the some of the presidents who were involved in these issues. In each of these four cases, the president has claimed to have a certain privilege that others in government and the public don't necessarily think he should have. Go to the Web sites to learn more about each issue. Then, in section B, go back to your copy of the Constitution and state whether each of these four privileges is specifically given to the president in the Constitution.

1) "Court-packing" (Franklin Roosevelt)

FDR's Fireside Chat explaining his "court-packing" decision:
http://oyez.nwu.edu/history-out-loud/fdr/chat

2) War Powers (the War Powers Resolution of 1973 limits the president's ability to commit troops to action)

A speech about the War Powers Resolution:
http://www.ford.utexas.edu/library/speeches/770411.htm

Text of The War Powers Resolution:
http://www.luminet.net/~tgort/wpa.htm


3) Retaining tapes of private White House conversations (Nixon)

Watergate home page:
http://watergate.info/

Nixon and the legacy of watergate Watergate lessons largely unlearned

Watergate Anniversary
On the 30th anniversary of the Watergate break-in, NPR Senior News Analyst Daniel Schorr says that it is common for presidents to use their powers for the purpose of self-preservation. But he says President Nixon used his authority for the purpose of punishing his enemies. (3:30)
http://www.npr.org/ramfiles/atc/20020617.atc.03.ram

Watergate lessons largely unlearned

Teens don't know Watergate
4) Keeping information from Congress, the public, and investigators on the grounds of Executive Privilege (Clinton, Nixon, and others) (please note: some of these sites are current events in 1998 and may no longer be available when you're using this activity book; if this is the case, use a search engine to locate additional information on this topic and the events in 1998)
Encyclopedia Definition of Executive Privilege:
http://www.grolier.com/presidents/aae/side/execpriv.html

"The Concept of Executive Privilege":
http://www.nando.net/nt/special/0205rights.html

PBS Online NewsHour: Executive Privilege:
http://www.pbs.org/newshour/bb/law/jan-june98/privilege_2-19.html

B. Look at the Constitution and answer the two questions in this table for each of the four issues.
Click here for the worksheet.

Part III. Writing
Considering what you've learned from the Web sites you've visited, write a three paragraph (or longer) essay that answer the questions given at the beginning of this activity:

  • How much power and privilege should a president have within the federal government?
  • How literally should the president take his roles in the Constitution? Should he be allowed to perform more duties than the Constitution spells out? Why or why not?
  • Should the president have more privileges than an average citizen? Why or why not?
  • The last question asks you to think about whether the president should be treated as a regular citizen or should be allowed privileges not granted to "everyday people." For example, should it be possible to sue a president while he's in office?

Use examples from the four issues you explored in Part II, plus any other information you may know, in order to clearly express opinions about these important questions.

Check For Understanding: Quiz: The Roles of the Presidency

A) Visit these Web pages for resources to assess student knowledge on these topics:

Worksheet on the checks and balances system:
http://www.cyberlearning-world.com/lessons/checks.htm

Worksheet on the Roles of the Presidency:
http://www.cyberlearning-world.com/lessons/roles_of_the_president.htm

B) Distribute materials. Have students complete the materials independently or in partner-pair cooperative groups.
C) Review answer orally with the class.


Homework (Independent Practice): The Presidency in the News
A) Have students maintain a scrapbook, graphical timeline or Web site that reflects the president's activities in the news.
B) Sections of the project can be color-coded or divided into the basic roles of the presidency or into the issues discussed in this lesson. Display the final product in the classroom or on the school's Web site.