Powers of the president of the United States
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The
The Constitution explicitly assigns the president the power to sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors. The president shall take care that the laws are faithfully executed and the president has the power to appoint and remove executive officers. The president may make treaties, which need to be ratified by two-thirds of the Senate, and is accorded those foreign-affairs functions not otherwise granted to Congress or shared with the Senate. Thus, the president can control the formation and communication of foreign policy and can direct the nation's diplomatic corps. The president may also appoint Article III judges and some officers with the advice and consent of the U.S. Senate. In the condition of a Senate recess, the president may make a temporary appointment.
Commander-in-chief
The president is the
Article II of the U.S. Constitution expressly designates the president as:
Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States[3]
U.S. ranks have their roots in British military traditions, with the president possessing ultimate authority, but no rank, maintaining a civilian status.
The exact degree of authority that the Constitution grants to the president as commander-in-chief has been the subject of much debate throughout American history, with Congress at various times granting the president wide authority and at others attempting to restrict that authority.
Pursuant to the War Powers Resolution of 1973, Congress must authorize any troop deployments longer than 60 days, although that process relies on triggering mechanisms that have never been employed, rendering it ineffectual.[13] Additionally, Congress provides a check to presidential military power through its control over military spending and regulation. Presidents have historically initiated the process for going to war,[14][15] but critics have charged that there have been several conflicts in which presidents did not get official declarations, including Theodore Roosevelt's military move into Panama in 1903,[14] the Korean War,[14] the Vietnam War,[14] and the invasions of Grenada in 1983[16] and Panama in 1989.[17]
The amount of military detail handled personally by the president in wartime has varied dramatically.
President
The Iraqi
During the 20th century, certain regional commanders came to be called "commander-in-chief".
As the purpose of a military is to combat foreign invaders and adversaries, U.S. troops cannot be deployed on U.S. soil. The only exception to this rule, is if the president invokes the Insurrection Act of 1807 to quell civil turmoils, rebellions and insurrections.
The president can – with certain limitations – call into federal service all or individual units of the
In times of war or national emergency, the Congress may grant the president broader powers to manage the national economy and protect the security of the United States, but these powers were not expressly granted by the Constitution.[31]
Executive powers
Within the
Early examples of unilateral directives to enact politically controversial policies include George Washington's Proclamation of Neutrality (1793), Andrew Jackson's Nullification Proclamation (1832), and Abraham Lincoln's Emancipation Proclamation (1862).[32]
The
Executive orders are subject to judicial review and interpretation. Nonetheless, acting independently, a president can heavily influence and redirect the nation's political agenda and reshape its public policies.[32] As early as 1999, Terry M. Moe and William G. Howell suggested that presidential capacity to pursue objectives unilaterally, rather than through Congress, "virtually defines what is distinctively modern about the modern American presidency."[34]: 133 This shift can be linked to other changes, in particular the polarization of political parties, increasing tendencies for congressional dysfunction, and the delegation of authority to the executive branch to implement legislative provisions.[32]
The president has several options when presented with a bill from Congress. If the president agrees with the bill, he can sign it into law within ten days of receipt. If the president opposes the bill, he can veto it and return the bill to Congress with a veto message suggesting changes (unless Congress is out of session, in which case the president may rely on a pocket veto).
Presidents are required to approve all of a bill or none of it;
When a bill is presented for signature, the president may also issue a signing statement with expressions of their opinion on the constitutionality of a bill's provisions. The president may even declare them unenforceable but the Supreme Court has yet to address this issue.[36]
Congress may override vetoes with a two-thirds vote in both the House and the Senate. The process has traditionally been difficult and relatively rare. The threat of a presidential veto has usually provided sufficient pressure for Congress to modify a bill so the president would be willing to sign it.
Much of the legislation dealt with by Congress is drafted at the initiative of the executive branch.
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 they may influence legislation.
To improve the working relationship with Congress, presidents in recent years have set up an
Powers of appointment
Before taking office, the president-elect and his transition team must appoint people to more than 6,000 federal positions.[39] 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 at the highest levels are appointed by the president with the advice and consent of the United States Senate.[40]
The president also nominates persons to fill federal judicial vacancies, including
As head of the
In the past, presidents could appoint members of the
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".[42][43] 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 listed 454 employees.[44]
Executive clemency
Most pardons are issued as oversight of the judicial branch, especially in cases where the
Pardons can be controversial when they appear to be politically motivated. President
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 Senate) and receives foreign ambassadors and other public officials.[48] 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.
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,[50] 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.[51]
Emergency powers
The Constitution does not expressly grant the president additional powers in times of national emergency. Some scholars think that the Framers implied these powers because the structural design of the Executive Branch enables it to act faster than the Legislative Branch. Because the Constitution remains silent on the issue, the courts cannot grant the Executive Branch these powers when it tries to wield them. The courts will only recognize a right of the Executive Branch to use emergency powers if Congress has granted such powers to the president.[52]
Emergency presidential power is not a new idea. However, the way in which it is used in the twenty-first century, presents new challenges.[53]
A claim of emergency powers was at the center of President Abraham Lincoln's suspension of habeas corpus without Congressional approval in 1861. Lincoln claimed that the rebellion created an emergency that permitted him the extraordinary power of unilaterally suspending the writ. With Chief Justice Roger Taney sitting as judge, the Federal District Court of Maryland struck down the suspension in Ex parte Merryman, although Lincoln ignored the order.[54]
President Franklin Delano Roosevelt similarly invoked emergency powers when he issued an order directing that all Japanese Americans residing on the West Coast be placed into internment camps during World War II. The U.S. Supreme Court upheld this order in Korematsu v. United States.[55]
Harry Truman declared the use of emergency powers when he nationalized private steel mills that failed to produce steel because of a labor strike in 1952.[56] With the Korean War ongoing, Truman asserted that he could not wage war successfully if the economy failed to provide him with the material resources necessary to keep the troops well-equipped.[57] The U.S. Supreme Court, however, refused to accept that argument in Youngstown Sheet & Tube Co. v. Sawyer, voting 6-3 that neither commander-in-chief powers nor any claimed emergency powers gave the president the authority to unilaterally seize private property without Congressional legislation.[58]
Congressional legislation gives the president powers to commandeer states and governors of states, if the president deems they are engaged in insurrection. [60][61][62]
According to research conducted by the
Executive privilege
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.[67]
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.[68] A president's power and influence may have limits, 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.[32]
Though constrained by various other laws passed by Congress, the president's executive branch conducts most foreign policy, and their power to order and direct troops as commander-in-chief is quite significant (the exact limits of a president's military powers without Congressional authorization are open to debate).[3][69]
The Separation of Powers devised by the founding fathers was primarily designed to prevent the majority from ruling with an iron fist.[70] 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 approve bills or veto (deny) them. If he does that, the bill is sent back to Congress, which can override the veto.[32]
An essential factor, then, to counter the abuse of unilateral executive power, is presidential accountability:[32][71]
[T]he American Constitution...envisages a strong Presidency within an equally strong system of accountability. When the constitutional balance is upset in favor of Presidential power and at the expense of Presidential accountability, the office can be said to become imperial. – Arthur M. Schlesinger Jr.[71]
Political scientists have attempted to develop theoretical approaches to describe the use and control of unilateral power, but such theories have not been clearly substantiated by empirical evidence. Some theoretical perspectives emphasize the importance of institutional constraints and the separation of powers. Unilateral action can be seen as a strategic way of circumventing Congressional authority, or as a way to act complicitly with the tacit approval of the majority party. Other formal theories focus on agency and relationships between the president, other bureaucratic actors, and the public. Comparative perspectives suggest that factors such as partisan support, ideological polarization, and divided government, may be closely linked to unilateral policy making. No one theoretical approach addresses all important issues.[32]
Empirical research on executive power and its uses is limited, and results are not always consistent. Available results may not align with predictions from separation-of-powers theories: "presidents routinely change status quo policies that theories predict they should not."[32] Evidence suggests that presidents are more likely to exercise unilateral power with the tacit support of the majority party in Congress, rather than against a hostile Congress.[32][72]
With respect to judicial review it appears that presidents may be more likely to issue executive orders when they differ ideologically from the courts. However the courts overwhelmingly tend to support such directives, upholding 83% of the executive orders that were challenged in federal court between 1942 and 1998.[32][73][74]
Predictions about the relationship between presidential popularity and numbers of unilateral directives issued are inconclusive. It has been theorized that less popular presents will issue more presidential directives, but results on this question are mixed.[32] In terms of how the public responds to the president's actions, there is some evidence to suggest that "individuals are less likely to approve of the president following the use of unilateral power" possibly because it is used in place of legislation.[32][75]
See also
- Abuse of power
- Color of law
- Fourth branch of government
- Madisonian Model
- Separation of powers under the United States Constitution
- Unitary executive theory
- Powers of the prime minister of the United Kingdom
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Further reading
- Yu Ouyang and Michael A. Morgan. 2019. "The Contemporary Presidency: How Presidents Utilize Their Emergency Powers." Presidential Studies Quarterly.
- Kenneth Lowande and Jon C. Rogowski. 2021. "Presidential Unilateral Power." Annual Review of Political Science