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Presidential Powers

Presidential Powers . What can He/She Do?. General Job Description. President exists so that: “…laws be faithfully executed.” Presidents, lawmakers, and the public has struggled with the idea of “executive power” What exactly can the POTUS do? Power of presidency has grown since 1789

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Presidential Powers

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  1. Presidential Powers What can He/She Do?

  2. General Job Description • President exists so that: • “…laws be faithfully executed.” • Presidents, lawmakers, and the public has struggled with the idea of “executive power” • What exactly can the POTUS do? • Power of presidency has grown since 1789 • Size of government has grown (chief exec/admin) • POTUS has grabbed powers in times of war and crisis • Also used the media to garner public opinion and support

  3. Executive Powers • Can be summed up in parts of the oath of office: • “…that I will faithfully execute the Office of President of the United states and to the best of my ability, preserve, protect, and defend the constitution of the United States.” • Basically, he executes/enforces ALL federal laws • Even ones he may not agree with • He can decide how vigorously to enforce said laws • The power to give executive orders comes from the ordinance power • Executive order: directive, rule, or regulation that has the effect of law

  4. Appointment Power • President gets to pick (with Senate confirmation): • Ambassadors/diplomats • Cabinet members/aids • Heads of independent agencies (CIA, FBI, NASA, EPA) • Federal judges/federal marshals/attorneys • Officers in the armed forces • President can make an appointment when congress is in recess • Expires at the end of the congressional term • Also given the removal power • Can fire pretty much anyone he appoints

  5. Diplomatic Powers • President usually plays a major role in negotiating treaties • Assisted by secretary of state • Senate must approve • Executive agreement: • Pact between POTUS and another head of state • Senate approval is not required • POTUS has power to recognize or not recognize nations • Also has power to recall diplomats or other officials

  6. War Powers • POTUS is commander in chief of the military • Few limits on what he can do in that role • Often fight conflicts without a declaration of war • Congress has not declared war since WWII • Vietnam and Korea were undeclared • Have been eight joint resolutions to aid in a crisis • Iraq 1, Iraq 2, Afghanistan, Vietnam • War Powers Resolution of 1973: • POTUS must notify Congress within 48 hours saying what he is doing • Has 60 days (plus 30 more) to end action unless congress extends • Congress may end combat at any time

  7. Legislative Powers • POTUS may suggest legislation • State of the Union Address • Calls for laws and actions he feels needed • Has the power to veto bills • Four options when faced with a bill: • Sign it • Veto it • Not act and it becomes law in 10 days • Not act and Congress adjourns in less than ten days (pocket veto) • Veto may be overridden by a 2/3 majority

  8. Judicial Powers • Power of reprieve: • Postponement of a sentence • Power of pardon: • Legal forgiveness of a crime • Both may only be used in federal cases • Gerald Ford pardoned Nixon • Power of commutation: • Power to reduce a sentence or fine • Power of amnesty • Blanket pardon to a group of people

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