Presidential Powers in the United States

Introduction

The President is both the head of state and head of government of the United States of America, and Commander-in-Chief of the armed forces.

Under Article II of the Constitution, the President is responsible for the execution and enforcement of the laws created by Congress. Fifteen executive departments — each led by an appointed member of the President’s Cabinet — carry out the day-to-day administration of the federal government. They are joined in this by other executive agencies such as the CIA and Environmental Protection Agency, the heads of which are not part of the Cabinet, but who are under the full authority of the President. The President also appoints the heads of more than 50 independent federal commissions, such as the Federal Reserve Board or the Securities and Exchange Commission, as well as federal judges, ambassadors, and other federal offices. The Executive Office of the President (EOP) consists of the immediate staff to the President, along with entities such as the Office of Management and Budget and the Office of the United States Trade Representative.

The President has the power either to sign legislation into law or to veto bills enacted by Congress, although Congress may override a veto with a two-thirds vote of both houses. The Executive Branch conducts diplomacy with other nations, and the President has the power to negotiate and sign treaties, which also must be ratified by two-thirds of the Senate. The President can issue executive orders, which direct executive officers or clarify and further existing laws. The President also has unlimited power to extend pardons and clemencies for federal crimes, except in cases of impeachment.

With these powers come several responsibilities, among them a constitutional requirement to “from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient.” Although the President may fulfill this requirement in any way he or she chooses, Presidents have traditionally given a State of the Union address to a joint session of Congress each January (except in inaugural years) outlining their agenda for the coming year.

The Constitution lists only three qualifications for the Presidency — the President must be 35 years of age, be a natural born citizen, and must have lived in the United States for at least 14 years. And though millions of Americans vote in a presidential election every four years, the President is not, in fact, directly elected by the people. Instead, on the first Tuesday in November of every fourth year, the people elect the members of the Electoral College. Apportioned by population to the 50 states — one for each member of their congressional delegation (with the District of Columbia receiving 3 votes) — these Electors then cast the votes for President. There are currently 538 electors in the Electoral College.

President Barack Obama is the 44th President of the United States. He is, however, only the 43rd person ever to serve as President; President Grover Cleveland served two nonconsecutive terms, and thus is recognized as both the 22nd and the 24th President. Today, the President is limited to two four-year terms, but until the 22nd Amendment to the Constitution, ratified in 1951, a President could serve an unlimited number of terms. Franklin Delano Roosevelt was elected President four times, serving from 1932 until his death in 1945; he is the only President ever to have served more than two terms.

By tradition, the President and the First Family live in the White House in Washington, D.C., also the location of the President’s Oval Office and the offices of the his senior staff. When the President travels by plane, his aircraft is designated Air Force One; he may also use a Marine Corps helicopter, known as Marine One while the President is on board. For ground travel, the President uses an armored Presidential limousine.

Presidential Powers

According to the Encyclopedia of the American Constitution, the powers of the American presidency are amorphous and enormous. Perhaps they can be defined only by saying that they are made adequate to the problems to which the power is addressed. These powers purportedly derive from the specifications of the Constitution itself.

History

The office of President of the United States is one of the most powerful in the world. The president, the Constitution says, must “take care that the laws be faithfully executed.” To carry out this responsibility, he or she presides over the executive branch of the federal government — a vast organization numbering several million people — and in addition has important legislative and judicial powers.

Legislative Powers

Despite the Constitutional provision that “all legislative powers” shall be vested in the Congress, the president, as the chief formulator of public policy, has a major legislative role.

Judicial Powers

Among the president’s constitutional powers is that of appointing important public officials; presidential nomination of federal judges, including members of the Supreme Court, is subject to confirmation by the Senate. Another significant power is that of granting a full or conditional pardon to anyone convicted of breaking a federal law — except in a case of impeachment. The pardoning power has come to embrace the power to shorten prison terms and reduce fines.

Executive Powers

Within the executive branch itself, the president has broad powers to manage national affairs and the workings of the federal government.

Powers In Foreign Affairs

Under the Constitution, the president is the federal official primarily responsible for the relations of the United States with foreign nations. Presidents appoint ambassadors, ministers and consuls — subject to confirmation by the Senate — and receive 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 chiefs of state meet for direct consultation. Thus, President Woodrow Wilson headed the American delegation to the Paris conference at the end of World War I; President Franklin D. Roosevelt conferred with Allied leaders at sea, in Africa and in Asia during World War II; and every president since Roosevelt has met with world statesmen to discuss economic and political issues, and to reach bilateral and multilateral agreements.

Through the Department of State, the president is responsible for the protection of Americans abroad and of foreign nationals in the United States. Presidents decide whether to recognize new nations and new governments, and negotiate treaties with other nations, which are 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. (1)

Resources

Notes and References

1. “An outline of American government” (1980), by Richard C. Schroeder