Simone Lawson
The United States Constitution outlines the powers of the three branches of the US government, including the executive branch, in its first three articles. The executive power is vested in the President of the United States, who is the head of state and government, and Commander-in-Chief of the armed forces. The President is responsible for executing and enforcing laws created by Congress and has the power to issue executive orders, which direct executive officers and help implement existing laws. The President also has the power to grant pardons for federal crimes, except in cases of impeachment, and to nominate federal judges and Supreme Court justices. In times of emergency, the President can override Congress and issue executive orders with almost limitless power.
| Characteristics | Values |
|---|---|
| Eligibility | Natural-born Citizen of the United States, 35 years of age or older, and a 14-year resident of the country |
| Election | Elected to a four-year term by electors from every state and the District of Columbia, forming the Electoral College |
| Oath of Office | "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States." |
| Commander-in-Chief | Of the Army, Navy, and Militia of the United States, with the power to launch, direct, and supervise military operations, deploy troops, and launch nuclear weapons |
| Powers | Control and operation of the federal government, federal agencies, foreign affairs, and issuing executive orders with the force of federal law |
| Limitations | Cannot declare war, pass new statutes, or override federal laws and statutes |
| Appointments | Federal judges, ambassadors, and other federal officials, as well as filling vacancies during Senate recess |
| Vice President | Succeeds the President in case of removal, death, resignation, or inability to discharge powers and duties |
| Impeachment | Removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors |
| Compensation | Receives compensation for services, which cannot be increased or decreased during their term |
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What You'll Learn
Executive orders
Article II, Section 1 of the Constitution vests executive powers in the President, requiring that the President "shall take Care that the Laws be faithfully executed". The President is also the "Commander in Chief of the Army and Navy of the United States", as stated in Article II, Section 2. The President is further understood to have broad powers in areas such as control and operation of the federal government, federal agencies, and in foreign affairs.
Every single US President, from George Washington to Donald Trump, has issued executive orders. Some of the most important actions taken by the US government have been through executive orders, such as Abraham Lincoln's Emancipation Proclamation to address slavery during the Civil War, and Franklin D. Roosevelt's order to integrate the military.
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Commander-in-chief
The US Constitution outlines the branches of the US government, the powers that each branch contains, and the limitations to those powers. Article II, Section 1 of the Constitution vests executive powers in the president, requiring that the president "'shall take Care that the Laws be faithfully executed'".
Article II, Section 2 states that the president is the "Commander-in-Chief of the Army and Navy of the United States, and of the Militia of the several States". This means that the president has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. The president can also issue executive orders, which are written policy directives with the same power as federal law.
The Commander-in-Chief Clause gives the president broad powers in areas such as control and operation of the federal government, federal agencies, and foreign affairs. For example, the president can suspend the entry of aliens or any class of aliens if they find it to be in the nation's interest.
The president's role as Commander-in-Chief has been interpreted to mean that they have the power to increase the Army and Navy, and to employ military force in the execution of laws. This was particularly evident during World Wars I and II, when it was assumed that the position of Commander-in-Chief carried with it the power to exercise discretionary powers, not just in wartime but even when war was a possibility.
In other countries, such as Latvia, Malaysia, Mexico, Russia, Ethiopia, and Germany, the role of Commander-in-Chief is also typically held by the head of state, whether that be the president or the prime minister.
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Powers of pardon
Article II, Section 2 of the United States Constitution states that the President has the authority to "grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." This power is understood to be considerably broad and not generally subject to congressional modification. The Supreme Court has interpreted this power as "plenary", and in both Ex parte Garland (1866) and United States v. Klein (1871), the Court ruled that legislation could not restrict the president's pardon power.
The pardon power in the US Constitution originated from longstanding English tradition, which permitted the monarch to exercise the "royal prerogative of mercy" to withdraw or provide alternatives to death sentences. This power first appeared during the reign of King Ine of Wessex in the seventh century and was formally declared by parliament as an exclusive right of the Crown during the reign of King Henry VIII (1509-1547). By the 18th century, the power had been restricted by parliament to address potential abuses, but it retained its broad application, including in the American colonies. The framers of the US Constitution were directly influenced by this English practice.
While the pardon power is robust, there are three important limitations on it. Firstly, a crime must have been committed for a pardon to be issued. Secondly, the presidential power is limited to federal crimes. Lastly, the president may not issue pardons in cases of impeachment. Other than these criteria, there are no constitutional restrictions on a president's pardon power. However, there remains disagreement and uncertainty about the full scope and legal implications of federal pardons due largely to the lack of historical precedent. It is unclear whether the pardon power applies to cases involving obstructions of impeachment, whether pardons can be issued in secret, or if the power includes the ability to grant a habeas corpus petition for a state offence.
Furthermore, it is debated whether a president can pardon themselves (self-pardon), as it has never been attempted, much less challenged in court. Some constitutional scholars argue that the Constitution does not explicitly prevent self-pardon, given the minimal restrictions placed on the pardon power in Article II. Others contend that a president cannot pardon themselves due to the established legal precedent that no one may be a judge in their own case and the constitutional restriction that a president cannot issue a pardon in relation to impeachment. The Justice Department produced a memorandum in 1974 concluding that the president did not have the constitutional power to issue a self-pardon.
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Appointment powers
The US Constitution outlines the powers of the US government's three branches, including the limits of those powers. The President of the United States is elected to a four-year term by electors from every state and the District of Columbia. The President is the head of the Executive Branch and has broad appointment powers, subject to Senate approval.
The Appointments Clause of the United States Constitution empowers the President to nominate and, with the advice and consent of the Senate, appoint public officials. The President nominates and appoints ambassadors, Cabinet secretaries, federal judges, and other Officers of the United States. These include Federal Circuit Court judges and Supreme Court justices, including the chief justice.
The Appointments Clause distinguishes between two types of officers: principal officers and inferior officers. Principal officers must be appointed by the President with the Senate's confirmation. Inferior officers are those whose appointment Congress may place with the President, judiciary, or department heads. The President can make recess appointments when the Senate is not in session, but these appointments are subject to Senate approval at the end of the session.
The President's appointment power is checked by Congress, which can create the federal offices for which the President can nominate and appoint officers. The Federal Vacancies Reform Act of 1998 prevents a person nominated to fill a vacant office from performing the duties of that office in an acting capacity.
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Vice-presidential duties
The US Constitution outlines the powers and limitations of the three branches of the US government, including the executive branch, in its first three articles. Article II, Section 1 of the Constitution vests executive powers in the President of the United States, who is elected to a four-year term by electors from every state and the District of Columbia. The President is the Commander-in-Chief of the Army and Navy of the United States and has broad powers in areas such as control and operation of the federal government, federal agencies, and in foreign affairs.
Article II, Section 1, Clause 6 stipulates that the Vice President takes over the "powers and duties" of the presidency in the event of a president's removal, death, resignation, or inability to discharge the powers and duties of the office. The Vice President is often referred to as being "a heartbeat away from the presidency", highlighting the fact that they assume the presidency upon the sitting President's death or impeachment.
The Vice President's main responsibility is the role of President of the Senate, as outlined in Article One, Section Three of the US Constitution. As head of the upper house of Congress, the Vice President votes on legislation or other motions only when Senators are deadlocked 50-50. While the Vice President used to actively preside over Senate proceedings, nowadays, they only get involved to break a tie.
The Vice President is also responsible for performing ceremonial duties in place of the President. In addition, the Vice President may be deployed by sitting Presidents as advocates and ambassadors domestically and globally, as well as presidential campaign surrogates.
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Frequently asked questions
The Federal Constitution outlines the branches of the U.S. government, the powers that each branch contains, and the limitations to those powers.
Article II of the Federal Constitution vests executive power in the President of the United States.
The President has the power to issue executive orders, which direct executive officers or help implement existing laws. The President also has the power to grant pardons for federal crimes (except in cases of impeachment) and to nominate federal judges and Supreme Court justices. The President is the Commander-in-Chief of the U.S. Armed Forces and has the power to deploy troops and launch military operations. They can also negotiate and sign treaties, which must be ratified by two-thirds of the Senate.
