Powers of the President

Powers of the President: Role of the President in the Constitution

The U.S. Constitution requires several things of the President. Notably, the President must be at least 35 years old, a natural-born citizen of the United States, and have lived in the U.S. for at least 14 years. Moreover, Article II, Section 3 of the Constitution mandates that the President "shall from time to time give to the Congress information of the State of the Union," which is typically satisfied with the annual State of the Union Address.

Section 2 of Article II also sets out the President's powers as Commander-in-Chief of the US Army and Navy and gives him the power to grant pardons for federal crimes. Article II also sets out the President's other responsibilities:

Fig. 1 - President George Washington leading his army against the Whiskey Rebellion.

Powers of the President: Types of Presidential Power

While the Constitution is the original and most fundamental source of Presidential power, there are different types of power that can be broadly categorized as follows:

1. Executive Powers: The President is responsible for the execution and enforcement of the laws created by Congress. They have the authority to appoint, remove, and supervise all executive officers and to appoint all federal judicial officers, including Supreme Court Justices, subject to Senate confirmation.

2. Legislative Powers: The President has the power to sign or veto legislation passed by Congress. They also have the responsibility to periodically inform Congress about the "State of the Union" and recommend necessary and expedient measures.

3. Diplomatic Powers: The President is the chief diplomat of the United States. They can make treaties with other nations, subject to the approval of the Senate. They also have the power to recognize foreign governments and receive foreign diplomats.

4. Military Powers: As the Commander-in-Chief of the United States Armed Forces, the President has the authority to command the military. They can make key military decisions, but the power to declare war lies with Congress.

5. Judicial Powers: The President has the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

6. Emergency Powers: In times of crisis or emergency, the President can assume additional powers. These are not clearly defined in the Constitution but have been used to justify various actions in the name of national security.

7. Other Powers: The President also has powers that are implied or have been delegated by Congress, such as issuing executive orders or proclamations, and the power to manage the federal budget.

The President's powers have evolved over time and are subject to interpretations of the Constitution, legislation, and precedent. Let's find out more about what the powers of the President are and how they differ from each other!

Executive Power

Whilst it's true that the president is the Executive, here the term executive has a slightly narrower meaning: it refers to the President's power to make executive orders.

The Supreme Court has held that any executive order issued by the president has to be constitutional, so the president couldn't issue an executive order which banned all religious speech, for example - as this would go against the First Amendment right to free speech. They also can't attempt to make whole new laws out of thin air; they have to be used to issue directions to federal institutions which have a basis in some pre-existing law.

Fig. 2 - President Franklin D. Roosevelt was the 32nd President of the United States.

However, the Supreme Court has also held that subject to these provisos, the broad language used in the Constitution which gives the President executive power means that an executive order can cover pretty much anything.

Foreign Relations & Judicial Appointments

The President is responsible for, and has power over, all foreign relations. He appoints ambassadors to represent the US abroad and is responsible for the relations with foreign ambassadors to the US. Of course, the President often meets other heads of state for diplomatic reasons.

Much of the nitty-gritty is hashed out amongst ambassadors and their diplomatic staff. The President signs international treaties, though, like ambassadorial appointments, these need Congress' approval to become effective.

The President also has the power to appoint federal judges to the Courts of Appeals on the federal circuits, and also to the US Supreme Court. While its purpose is to ensure checks and balances on the judiciary, the politicization of the judiciary is very controversial.

Federal judges do have to be confirmed by the Senate (which is itself a check on the President's power to appoint judges), but this step rarely fails, and so a president in reality has the power to appoint judges who he knows will rule in line with his own political beliefs. This is exacerbated by the fact that federal judges have life tenure once they are appointed.

Fig. 3 - The US Supreme Court Justices in 2009.

Delegated Power of the President

Certain powers, called Delegated Powers, have been given to Congress, rather than the president, by the Constitution. They're sometimes called Enumerated Powers, or Express Powers. These include the power to impose taxes, produce coins and notes for money, and borrow money from other countries. Most of these powers delegated to Congress are financial, as the Founding Fathers didn't want that enormous power to be vested in just one person.