Powers of the President of the United States

1
Powers of the President of the United States
The president of the United States' has numerous powers, including those explicitly granted by Article II of the
United States Constitution, implied powers, powers granted by Acts of Congress, and the influence and soft power
that comes from being President of the United States of America.
The Constitution explicitly assigns to the president the power to sign or veto legislation, command the armed forces,
ask for the written opinion of his Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive
ambassadors. With the approval of two-thirds and one-half of the House of Representatives and the Senate,
respectively, the president may make treaties and appoint Article III judges and some executive branch officers, and
if there is a Senate recess, he may make temporary appointments.
Executive powers
Within the executive branch itself, the president (if in office) has broad powers to manage national affairs and the
workings of the federal government. The president can issue rules, regulations, and instructions called executive
orders, which have the binding force of law upon federal agencies but do not require congressional approval.
According to the Budget and Accounting Act of 1921, the president is also responsible for preparing the United
States' budget, although Congress must approve it.
[1]
The Office of Management and Budget assists the president
with the preparation of the budget. In the past (but no longer), the president was able to impound funds as he saw fit.
The power was available to all presidents and was regarded as a power inherent to the office. The Congressional
Budget and Impoundment Control Act of 1974 was passed in response to large-scale power exercises by President
Nixon. This act also created the Congressional Budget Office as a legislative counterpoint to the Office of
Management and Budget.
As Commander in Chief of the armed forces of the United States, the president may also call into federal service the
state units of the National Guard. In times of war or national emergency, the Congress may grant the president even
broader powers to manage the national economy and protect the security of the United States, but these are not
powers granted by the United States Constitution to the president. During the Vietnam War in 1973, Congress passed
the War Powers Act to severely limit the ability of the President to conduct warfare without Congressional approval.
Congress has the power to declare the war (Article 1, sec 8), but if the president needs to send the troops to other
countries for hostile reasons, he will need congressional confirmation within 48 hours. For any time beyond 60 days,
further congressional approval will be required.
Powers related to Legislation
The president has several options when presented with a bill from Congress. If he agrees with the bill, then it is
signed into law within ten days of receipt. If the president opposes the bill, he can veto it and return the legislation to
Congress with a veto message suggesting changes.
Presidents must approve all of a bill or none of it; they do not have the ability to veto selectively. In 1996, Congress
gave President Bill Clinton a line-item veto over parts of a bill that require spending federal funds. In Clinton v. New
York City the Supreme Court found Clinton's veto overturning pork-barrel appropriation for New York City to be
unconstitutional because only a constitutional amendment could give the president line-item veto power.
If the Congress is still in session for ten business days after the president receives the bill, the legislation will become
a law without the president's signature. However, if Congress adjourns within the ten business days of sending the
bill to the president, the bill dies. If the president kills a bill in this manner there is nothing that Congress can do to
override this, which is called a "pocket veto".
Powers of the President of the United States
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When signing a bill the president can also issue a signing statements that expresses his opinion on the
constitutionality of a bill's provisions that intrude on executive power. He may even declare them unenforceable but
the Supreme Court has yet to address this issue.
Congress can override vetoes with a two-thirds vote in both chambers, but this process is difficult and relatively rare.
The threat of a presidential veto is usually sufficient to force Congress to modify a bill so that the President is willing
to sign it.
Much of the legislation dealt with by Congress is drafted at the initiative of the executive branch. The president
himself may propose legislation in annual and special messages to Congress including the annual State of the Union
address and joint sessions of Congress. If Congress adjourns without acting on the proposals, the president may call
a special session.
Beyond these official powers, the U.S. president, as a leader of his political party and the United States government,
holds great sway over public opinion whereby he may influence legislation.
To improve their working relationships with Congress, presidents in recent years have set up an Office of Legislative
Affairs. Presidential aides keep abreast of all important legislative activities.
Powers of Appointment
The President of the United States has several different appointment powers.
Before taking office, the president-elect must appoint more than 6,000 new federal positions.
[2]
The appointments
range from top officials at U.S. government agencies, to the White House Staff, and members of the United States
diplomatic corps. Many, but not all, of these positions are appointed by the president with the advice and consent of
the United States Senate.
The President also has the power to nominate federal judges, including members of the United States Courts of
Appeals and the U.S. Supreme Court. However, these nominations do require Senate confirmation, and this can
provide a major stumbling block for Presidents who wish to shape their federal judiciary in a particular ideological
stance. The President must appoint judges for the United States District Courts, but he will not often
[what?]
defer to
Senatorial courtesy in making these choices.
As head of the executive branch, the president must appoint the top officials for all of the federal agencies. These
positions are listed in the Plum Book which outlines more than 7,000 appointive positions in the government. Many
of these appointments are made by the president. In the case of ten agencies, the President is free to appoint a new
agency head For example, it is not unusual for the CIA Director or the NASA Administrator to be changed by the
president. Other agencies that deal with federal regulation such as the Federal Reserve Board of Governors or the
Securities and Exchange Commission have set terms that will often outlast presidential terms. For example,
governors of the Fed serve for fourteen years in order to ensure agency independence. The president also appoints
members to the boards of directors for government-owned corporations such as Amtrak. The President can also
make a recess appointment if a position needs to be filled while Congress is not in session.
In the past, Presidents had the power to appoint all members of the United States civil service. This use of the spoils
system allowed presidents to reward political supporters with jobs. Following the assassination of President James
Garfield by Charles J. Guiteau, a disgruntled office seeker, Congress instituted a merit-based civil service in which
positions are filled on a nonpartisan basis. The Office of Personnel Management now oversees the staffing of 2.8
million federal jobs in the federal bureaucracy.
The President must also appoint his staff of aides, advisers, and assistants. These individuals are political
appointments and are not subject to review by the Senate. All members of the staff serve "at the pleasure of the
President".
[3][4]
Since 1995, the president has been required to submit an annual report to Congress listing the name
and salary of every employee of the White House Office. The 2011 report, which can be viewed on the White House
website, lists 454 employees.
[5]
Powers of the President of the United States
3
Executive clemency
See also: List of people pardoned or granted clemency by the President of the United States
Article II of the United States Constitution gives the president the power of clemency. The two most commonly used
clemency powers are those of pardon and commutation. A pardon is an official forgiveness for an acknowledged
crime. Once a pardon is issued, all punishment for the crime is waived. The person accepting the pardon must,
however, acknowledge that the crime did take place.
[6]
The president maintains the Office of the Pardon Attorney in
the U.S. Department of Justice to review all requests for pardons. Most pardons are issued as oversight of the judicial
branch, especially in cases where the Federal Sentencing Guidelines are considered too severe. Pardons are
controversial when they appear to be politically motivated.
This power can check the legislative and judicial branches by altering punishment for crimes. Presidents can issue
blanket amnesty to forgives entire groups of people. For example, President Jimmy Carter granted amnesty to
Vietnam draft dodgers who had fled to Canada. Presidents can also issue temporary suspensions of prosecution or
punishment in the form of respites. This power is most commonly used to delay federal sentences of execution.
The president can also commute a sentence which, in effect, changes the punishment to time served. While the guilty
party may be released from custody or not have to serve out a prison term, all other punishments still apply.
President George W. Bush commuted the sentence of White House staffer Lewis "Scooter" Libby.
Foreign affairs
Under the Constitution, the president is the federal official that is primarily responsible for the relations of the United
States with foreign nations. The president appoints ambassadors, ministers, and consuls subject to confirmation by
the Senateand receives foreign ambassadors and other public officials. With the secretary of state, the president
manages all official contacts with foreign governments.
On occasion, the president may personally participate in summit conferences where heads of state meet for direct
consultation. For example, President Wilson led the American delegation to the Paris Peace Conference in 1919 after
World War I; President Franklin D. Roosevelt met with Allied leaders during World War II; and every president sits
down with world leaders to discuss economic and political issues and to reach agreements.
Through the Department of State and the Department of Defense, the president is responsible for the protection of
Americans abroad and of foreign nationals in the United States. The president decides whether to recognize new
nations and new governments, and negotiate treaties with other nations, which become binding on the United States
when approved by two-thirds of the Senate. The president may also negotiate "executive agreements" with foreign
powers that are not subject to Senate confirmation.
Emergency powers
Over the years, Presidents have claimed to have emergency powers in times of crisis. These Inherent Powers have
been used both at home and overseas. The most common use of emergency powers is to declare a state of emergency
which allows the Federal Emergency Management Agency (FEMA) to bypass normal administrative and
jurisdictional rules. Declarations of emergency can also provide special federal aid such as during the Flood of 1993
along the Mississippi River or in New Orleans after Hurricane Katrina. President Abraham Lincoln used his
emergency powers to suspend the writ of habeas corpus in Maryland during the American Civil War. President
Harry Truman was also denied emergency powers by the Court in Youngstown Sheet & Tube Co. v. Sawyer when he
tried to nationalize the nation's steel mills.
Powers of the President of the United States
4
Executive privilege
Executive privilege gives the president the ability to withhold information from the public, Congress, and the courts
in matters of national security. George Washington first claimed privilege when Congress requested to see Chief
Justice John Jay's notes from an unpopular treaty negotiation with Great Britain. While not enshrined in the
Constitution, Washington's action created the precedent for privilege. When Richard Nixon tried to use executive
privilege as a reason for not turning over subpoenaed evidence to Congress for the Watergate hearings, the Supreme
Court ruled in United States v. Nixon that privilege did not apply in cases where a president was attempting to avoid
criminal prosecution. Later President Bill Clinton lost in federal court when he tried to assert privilege in the
Lewinsky affair. The Supreme Court affirmed this in Clinton v. Jones, which denied the use of privilege in cases of
civil suits.
Constraints on presidential power
Because of the vast array of presidential roles and responsibilities, coupled with a conspicuous presence on the
national and international scene, political analysts have tended to place great emphasis on the president's powers.
Some have even spoken of "the imperial presidency", referring to the expanded role of the office that Franklin D.
Roosevelt maintained during his term.
President Theodore Roosevelt famously called the presidency a "bully pulpit" from which to raise issues nationally,
for when a president raises an issue, it inevitably becomes subject to public debate. A president's power and
influence may be limited, but politically the president is certainly the most important power in Washington and,
furthermore, is one of the most famous and influential of all Americans.
Though constrained by various other laws passed by Congress, the president's executive branch conducts most
foreign policy, and his power to order and direct troops as commander-in-chief is quite significant (the exact limits
of what a president's military powers without Congressional authorization are open to debate).
The Separation of Powers devised by the founding fathers was designed to do one primary thing: to prevent the
majority from ruling with an iron fist. Based on their experience, the framers shied away from giving any branch of
the new government too much power. The separation of powers provides a system of shared power known as
"checks and balances". For example, the President appoints judges and departmental secretaries, but these
appointments must be approved by the Senate. The president can veto bills, or deny them. If he does that, the bill is
sent back to Congress.
References
[1] http:/ / www. whitehouse. gov/ sites/ default/ files/ omb/ circulars/ a11/ current_year/ s10. pdf
[2] http:/ / nationalparalegal. edu/ conlawcrimproc_public/ federalism/ presidentialpowers. asp
[3] http:/ / www. archives. gov/ publications/ prologue/ 2005/ winter/ senate-nominations. html Serving at the Pleasure of the President: The
Nomination Papers of the United States Senate, 17891946
[4] http:/ / www. archives. gov/ federal-register/ codification/ executive-order/ 11183. html Executive Order 11183--Establishing the President's
Commission on White House Fellowships
[5] (http:/ / www.whitehouse. gov/ briefing-room/ disclosures/ annual-records/ 2011) 2011 Annual Report to Congress on White House Staff
[6] http:/ / www. justice. gov/ pardon/ pardon_instructions. htm
Article Sources and Contributors
5
Article Sources and Contributors
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