Isabella Carter
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The executive branch is headed by the President, who is both the head of state and the head of government. The President is responsible for executing and enforcing the laws created by Congress, and has the power to appoint the heads of federal agencies and independent federal commissions. The President also has the power to issue executive orders, negotiate and sign treaties (which must be ratified by two-thirds of the Senate), and grant reprieves and pardons for federal crimes (except in cases of impeachment). Additionally, the executive branch includes the Vice President, who serves as the President of the Senate and assumes the Presidency in the event of a vacancy, as well as executive departments, independent agencies, and other boards and commissions.
| Characteristics | Values |
|---|---|
| Number of employees | More than 4 million |
| Head | President |
| President's eligibility | Natural-born citizen, 35 years or older, 14 years as a resident in the US |
| President's term | Two four-year terms |
| President's powers | Commander-in-Chief of the armed forces, issue executive orders, negotiate and sign treaties, grant reprieves and pardons, fill vacancies, appoint officers, veto legislation, receive ambassadors, conduct diplomacy, etc. |
| Vice President's role | Assumes the Presidency in the President's absence, acts as the President of the Senate, advises the President |
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What You'll Learn
The President can issue executive orders
The President of the United States is the head of state, leader of the federal government, and Commander-in-Chief of the armed forces. The President is responsible for the execution and enforcement of laws created by Congress.
One of the most common "presidential" documents in modern American government is an executive order. Executive orders are signed, written, and published directives from the President that manage the operations of the federal government. They are numbered consecutively and can be referenced by their assigned number or topic. They are also published in the Federal Register, the daily journal of the federal government, and are catalogued by the National Archives as official documents.
Executive orders are not legislation and do not require approval from Congress. They are often used to direct executive officers or clarify and help implement existing laws. They remain in force until they are cancelled, revoked, adjudicated unlawful, or expire on their terms. At any time, the President may revoke, modify, or make exceptions to any executive order, whether their own or a predecessor's.
Executive orders are often controversial. While some are mundane, such as declaring a federal holiday, others have been among the most important actions the US government has ever taken. For example, Abraham Lincoln used an executive order to issue the Emancipation Proclamation, addressing slavery during the Civil War. More recently, Joe Biden signed an executive order requiring every federal agency to find ways to facilitate voter registration. However, executive orders can be misused, such as when Roosevelt used one to force the relocation and internment of Japanese Americans to concentration camps.
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The President can negotiate and sign treaties
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The President is the head of state and head of government, as well as the Commander-in-Chief of the armed forces.
The process of treaty-making involves the President negotiating with foreign nations and seeking the advice and consent of the Senate throughout the process. The Senate's role is primarily legislative in nature, and it can approve or reject a resolution of ratification. If the resolution passes, ratification occurs through the formal exchange of instruments between the US and the foreign power(s).
The President may also abandon negotiations if dissatisfied with amendments or conditions stipulated by the Senate. Additionally, the President has the power to issue executive orders and direct executive officers, as well as appoint heads of federal agencies and high court appointees.
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The President can fill vacancies and grant commissions
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The executive power is vested in the President of the United States of America, who is the head of state and government, as well as the Commander-in-Chief of the armed forces.
The President has the power to fill vacancies and grant commissions. This means that the President can fill up any vacancies that occur during the recess of the Senate by granting commissions, which expire at the end of the next Senate session. The President is responsible for appointing members of their Cabinet, who lead the various executive departments that carry out the day-to-day administration of the federal government. The President also appoints the heads of independent federal commissions, federal judges, ambassadors, and other federal officials.
The President's role in filling vacancies and granting commissions is subject to checks and balances. The President nominates individuals for positions, but these nominations are subject to confirmation or rejection by the Senate. For example, the President nominates the heads of federal agencies and high court appointees, but the Senate confirms or rejects these nominees.
The President's power to fill vacancies and grant commissions is an important aspect of their role as the head of the executive branch, allowing them to shape the composition of various government bodies and ensure the effective functioning of the federal government.
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The President can appoint and remove executive officers
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The executive power is vested in the President of the United States of America.
Article II of the Constitution grants the President the power to appoint and remove executive officers. This power is derived from the President's responsibility to execute and enforce laws created by Congress. The President has the authority to appoint members of their Cabinet, who lead the fifteen executive departments that carry out the day-to-day administration of the federal government. The President also appoints the heads of independent federal commissions, federal judges, ambassadors, and other federal officials.
The President's power to appoint officers is not absolute and is subject to checks and balances. For example, the President nominates heads of federal agencies and high court appointees, but these nominations must be confirmed by the Senate. The President also has the power to remove executive officers, except in the case of federal judges. This power was established in the Myers case, which held that the President has the authority to remove officers in whose appointment he has participated.
The Appointments Clause of the Constitution functions as a restraint on Congress, preventing them from making appointments directly and filling offices with their supporters. It distinguishes between officers who must be appointed with the advice and consent of the Senate and those who may be specified by acts of Congress. The Supreme Court has interpreted the Appointments Clause to include "inferior officers," who are those exercising significant authority pursuant to the laws of the United States.
In summary, the US Constitution grants the President the power to appoint and remove executive officers, with certain checks and balances in place to ensure a separation of powers between the branches of government.
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The President is the Commander-in-Chief of the armed forces
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The President is the head of state, leader of the federal government, and Commander-in-Chief of the armed forces.
Article II, Section 2, Clause 1 of the Constitution states that the President "shall be 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". This means that the President has the power to make important decisions regarding military policy and to direct the US armed forces.
The President's role as Commander-in-Chief gives them the authority to establish and prescribe the jurisdiction and procedures of military commissions and tribunals in territories occupied by US Armed Forces. They can also employ secret agents to gather information, authorize commercial intercourse with the enemy, and requisition property and services from American citizens and friendly aliens within the theatre of military operations.
The President is not subject to induction or drafting into the armed forces and is not subject to court-martial or other military discipline. They are considered a civilian authority, as evidenced by the last two War Presidents, Wilson and Roosevelt, who both recognised the civilian nature of the President's position as Commander-in-Chief.
The President's power to dismiss military officers, once unlimited, is now confined by statute in peacetime to dismissal following a sentence of a general court-martial or in mitigation of such a sentence. However, this provision is not seen as preventing the President from displacing an Army or Navy officer by appointing another person with the advice and consent of the Senate.
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Frequently asked questions
The President of the United States is the head of state, leader of the federal government, and Commander-in-Chief of the armed forces. The President has the power to sign or veto legislation, issue executive orders, 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 is also responsible for appointing and removing executive officers, negotiating and signing treaties, and filling vacancies.
According to Article II of the United States Constitution, a person must be a natural-born citizen, at least 35 years old, and have resided in the United States for at least 14 years to be eligible for the office of President.
The Vice President is part of the Executive Branch and is ready to assume the Presidency in case of the removal, death, resignation, or inability of the President. The Vice President also serves as the President of the Senate and has a tie-breaking vote.
The President, as the head of state, is primarily responsible for the relations of the United States with foreign nations. The President appoints ambassadors, ministers, and consuls, and conducts diplomacy through negotiations and the signing of treaties, which must be ratified by two-thirds of the Senate.
