Powers of the Presidency

Executive Powers

Executing the Law – EXPRESSED POWER

• Must carry out the provisions of ALL federal law no matter personal opinion

• The power to do so comes partly from the Constitution & party from the OATH OF OFFICE

• Solemn promise that each President takes at his inauguration to “preserve, protect, and defend the Constitution”

• The Executive Power gives him many chances to decide how laws are carried out – many laws that Congress writes are written in broad terms

Ordinance Power- IMPLIED POWER

• Power to issue Executive Orders• A directive, rule or regulation that has the

effect of a law

• Constitution does not expressly give the President this power, but he must be able to issue orders to implement his constitutional powers

• Congress backs up this implied • power by regularly authorizing • the President to use it

Appointment Power- EXPRESSED POWER

• President picks top officials for Executive Branch

• Needs to have loyal subordinates• Heads of executive agencies• Diplomats & Ambassadors • Cabinet members• Federal judges• Military officers

• Senate must approve these appointments with a majority vote

• “Senatorial Courtesy”- for State officials, Senate will only approve those appointments accepted by the State’s senator from the President’s Party

The Removal Power- IMPLIED POWER

• Only President has the power to fire executive officials

• President may NOT remove federal judges

• Generally- he can only remove people he has appointed

Diplomatic & Military Powers

Power to make Treaties

• President is in charge of foreign affairs of U.S.

• President can make a TREATY ( formal agreement with another nation) • BUT- Senate must approve by 2/3 vote • Treaties have same legal standing as Acts passed in

Congress

• President can also make an EXECUTIVE AGREEMENT (a pact with another nation’s leader)• does NOT need Senate’s approval

Power of Recognition

• President has power to • acknowledge- and by implication-

support- the legal existence of another country & it’s gov’t

• Nations typically recognize each other by exchanging diplomatic representatives

• Nations can show DISAPPROVAL of another nation by calling back its ambassador & sending the other nation’s ambassador home• The official that is recalled is known as “persona

non grata” or an unwelcome person

Power to make war

• Congress has the power to• DECLARE war but the • President- as CiC- can MAKE war

• >200 times a President has sent U.S. forces into combat WITHOUT a congressional declaration of war

• After Vietnam Congress passed the WAR POWERS RESOLUTION OF 1973• designed to limit the President’s war

making powers• Combat must be stopped after 60 days

without the authorization of Congress

Legislative & Judicial Powers

Legislative Powers

• President may tell Congress what laws the nation needs

• President proposes some laws in the State of the Union address & in the annual budget plan & economic report

After Congress Passes a bill…

• President has 10 days to act on it- Options… • Sign the bill & make it a law • Allow it to become a law w/o a signature• Veto it• Pocket veto (ignores ~law, adjourn

~no law)• Line-item Veto from 1996-1998

• President had the power to veto certain parts- only on SPENDING & TAX BILLS- and approve most of the bill

Judicial Powers

Reprieve & Pardon

• Constitution authorizes President to grant “reprieves & pardons for offenses against the United States, except in cases of impeachment”

• Reprieve: postponement of • the execution of a sentence

• Pardon: legal forgiveness • for a crime

Commutation & Amnesty

• The Pardoning Power also includes the powers of commutation & amnesty

• Commutation: power to reduce the length of a sentence or the amount of a fine imposed by a court

• Amnesty: general pardon offered to a group of law violators

• These powers of clemency- leniency or mercy- may only be used in cases involving federal offenses