PRESIDENT'S POWERS

PRESIDENT'S POWERS

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The presidency is outlined in Article II of the Constitution. Presidents use formal and informal powers to carry out their policy agenda, a set of policy priorities the they want to pass during their term.

FORMAL POWERS

INFORMAL POWERS

Powers explicitly stated in the constitution as belonging to the President.

Not directly mentioned in the Constitution have developed over time through customs & practices.

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PRESIDENT'S POWERS

The president wears many hats to execute their policy agenda. Click on a president's hat to learn more.

EXECUTIVE POWERS

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Execute the Law

In executing or administering, the executive branch also shapes policy. Congress sets out basic policies and standards to be followed but the implementation or day-to-day administration of the law are left for the executive branch.

Appointment Power

Ordinance Power

Executive Privillege

Removal Power

LEGISLATIVE POWERS

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Recommending Legislation

The president uses their formal and informal powers to influence Congress to make legislation that carries out their policy agenda. This role is outlined in Article II stating, the president must “…give to Congress information of the state of the Union and recommend measures as he shall judge necessary…”

Signing Statements

Bargaining & Persuasion Powers

Other Powers

Veto Powers

JUDICIAL POWERS

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Pardons & Repreives

The president can grant:

• reprieves--postponing of a sentence
• pardons--forgiveness of a crime
• A pardon must be accepted by the person to whom it was granted to be official.
• It also includes the power of commutation (reduce fine or length of sentence) and amnesty (blanket pardon for a large group).

• These powers are absolute (final) except in cases of impeachment and can only be used in cases involving federal offenses.

DIPLOMATIC POWERS

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Foreign Affairs

The President is the Chief Diplomat and leads the US in foreign policy dealings abroad, using both formal and infomal powers

Executive Agreements

Treaties

Power of Recognition

COMMANDER IN CHIEF

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Military Affairs

Although the President can NOT declare war without congressional approval, uses these powers give the president final authority and responsibility in all military matters.

Undeclared Conflicts

War Powers Act

EXECUTIVE PRIVILEGE

Executive privilege is the power to refuse to disclose certain information to Congress or Federal Courts. This is not in the Constitution, so it is considered an informal power.

• Congress sometimes challenges this privillege, especially when it conflicts with the need for transparency in legal or congressional investigations.
• SCOTUS can hear cases to limit or expand this power.

Reasons presidents use executive privilege

• protect national security
• preserve confidential decision-making
• manage national crisis
• maintain the separation of powers

Example: In the Watergate Scandal in the 1970s, President Richard Nixon tried to use executive privilege to withhold White House tape recordings from investigators. The Supreme Court ruled in United States v. Nixon (1974) that executive privilege is not absolute and must yield when evidence is needed in a criminal trial. This decision limited the scope of executive privilege.

POWER OF RECOGNITION

The President can formally recognize the legal existence of a country and its government.

• This indicates the U.S. accepts the country as part of the community of nations.
• The US can benefit from political alliances through recognitions
• The president can withdraw recognition too (especially if the US disagrees with a nation politically)

Under President Truman, United States recognized Israel as an independent nation, establishing formal diplomatic relations and signaling acceptance into the international community.

VETO POWERS

The president can provide approval for signing bills into law. The veto power allows the president to reject bills. The president has 10 days to act on a bill.

Key Actions a president can take on a bill:

• Signing a bill makes it a law.
• Veto a bill rejects it.
• Pocket veto: president does not sign, and Congress adjourns (ends) the session, so the bill dies.
• No signature: Bill becomes law if president does not sign within the 10 days, and Congress remains in session.

Used only with appropriations bills (budget and spending laws).

• The power to veto only a part of a bill—to cancel out some provisions while approving others.

Allows the president to reject specific spending items without vetoing the entire bill.

LINE ITEM VETO

REMOVAL POWERS

The President has the power to remove someone from office whom he appointed for some offices.

• Only Congress has the power to remove officers that are not in a purely executive agency
• Supreme Court Justices
• Independent regulatory commissions or agencies (ex. Federal Trade Commission or Federal Communications Commission)

The President can remove:

• Cabinet departments (e.g., Department of State, Department of Defense)
• White House Staff
• Executive Office of the President staff

Removal power is important to presidential powers because it allows the president to manage the executive branch and ensure officials implement the administration’s policies effectively. However, this power is balanced by the legislative branch, which can limit removal authority for certain independent officials to protect agency independence and prevent executive overreach.

INFORMAL POWERS

Powers of the president that have developed over time through customs & practices over various presidencies.

3 important informal powers: 1) power to persuade Congress & public 2) negotiate executive agreements 3) issuing executive orders

INHERENT POWERS

informal powers the president claims as needed to fulfill their constitutional duties of office, especially during crises or to protect national interests, even without explicit approval from Congress.

More on Inherent Powers

SIGNING STATEMENTS

Presidents can issue signing statements—written comments made when signing a bill into law—to point out constitutional concerns or problems they see in a law or direct the manner in which a new law is to be executed.

Often used informally by most presidents, signing statements explain how the president interprets the law and how it will be enforced, which can differ from Congress’s intent.

When signing the 1940 Smith Act, President Roosevelt expressed concerns in a signing statement that parts might limit free speech but promised to uphold constitutional protections.

FORMAL POWERS

Article II of the Constitution explicitly states the formal powers, exclusively for the president.

The President shall be Commander in Chief of the Amy and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;

he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur

he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law

He shall 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;

he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

APPOINTMENT POWERS

The president has the power to hand select federal positions. This is a formal power granted by the Constitution to give the president the ability to shape the executive branch and implement their policy agenda through trusted appointees.

• Must have consent of the Senate with a majority vote to appoint them (or senatorial courtesy).

The President can appoint

• ambassadors
• judges of the Supreme Court
• Cabinet secretaries
• other officers of the U.S. (about 3,000 people).

Advise & consent of senate acts as a key check on presidential power, Senate holds hearings of potential appointees-- ensuring appointees are qualified and acceptable to both the executive and legislative branches. Senators often exercise senatorial courtesy by approving or blocking appointments from their own states.

ORDINANCE POWERS

Executive orders are a rule or regulation issued by the president that has the effect of law. This is an inherent power that gives president broad powers to faithfully execute the office.

• Executive orders can be retracted (reversed) by a future president, nullified by Congress, or ruled unconstitutional by a federal court.

Executive orders are issued to: (1) Enforce legislative statutes (2) Enforce the Constitution or treaties with foreign nations (3) Establish or modify rules and practices of executive administrative agencies

U.S. presidents have issued over 14,000 executive orders (estimated). Example: Executive Order 9981 was an executive order issued on July 26, 1948, by President Harry S. Truman. It abolished racial discrimination in the United States armed forces and eventually led to the end of segregation in the services.

BARGAINING & PERSUASION POWER

Bargaining: negotiating political favors and compromises—to secure support from Congress. Bargaining is limited when the president has low approval ratings and must preserve political capital.

Persuasion is used by the President to convince legislators and the public that their policies serve the national interest.

The "bully pulpit" is the president’s powerful platform to speak directly to the American people, build public support, and pressure Congress to pass laws & help carry out their policy agenda. This term was coined by Teddy Roosevelt whose strong use of persuasive power with Congress allowed him to pass numerous domestic and foreign policies

TREATIES

A treaty is a formal agreement between 2 or more sovereign states.

• The president can negotiate treaties.
• Senate must consent to ratify treaty with a two-thirds vote.

• A treaty has the same legal standing as a law and is enforceable in the courts.

In 2010, President Barack Obama negotiated New START Treaty, a nuclear arms reduction treaty between the United States and Russia aimed at limiting strategic nuclear weapons.

OTHER POWERS

Only the President can call Congress into special session. He has the power to adjourn Congress if they can’t agree on a date to end.

Presidents have used this formal power to call Congress into special sessions, especially during times of national crisis or urgent legislative needs. For example, President Harry Truman called Congress into a special session in 1948 to address the post-World War II economic issues and labor strikes.

UNDECLARED CONFLICTS

Congress has not declared war since World War II.

Congressional Resolution

• Congress can enact joint resolutions to authorize the President to meet certain international challenges with military force.

• Presidents can and often do use military force abroad, in combat, without a declaration of war.
• as military support

After the September 11, 2001 attacks, without declaration of war, President George W. Bush started the War in Afghanistan to defeat al-Qaeda and remove the Taliban. Congress issued a joint resolution Authorization for Use of Military Force (AUMF) to allow the president to use military action against those responsible.

EXECUTIVE AGREEMENTS

This is a pact between the president and the head of a foreign government

These agreements do NOT have to be approved by the Senate and are still constitutionally binding “so long as the agreement is not inconsistent with legislation enacted by the Congress.”

• The agreement expires at the end of the president’s term of office, unless the next president keeps it.

President Obama entered the Paris Climate Agreement by executive agreement, which President Trump later withdrew from, and President Biden rejoined.

WAR POWERS ACT

After the Vietnam War in1963, this policy to limited presidential military powers.

States that the President can only commit military forces for combat if:

• Congress declared war
• Congress authorizes the action
• When there has been an attack on the nation, it must be reported to Congress within 48 hours and armed forces commitment must end within 60 days unless extended by Congress.