Jonah Patel
The President of the United States derives their powers from the US Constitution, which grants them explicit powers, such as the ability to sign or veto legislation, command the armed forces, and grant pardons. However, there are several presidential powers that are not explicitly mentioned in the Constitution, including the power to initiate wars and the ability to issue rules and regulations. In times of national emergency, Congress may grant the president additional powers to manage the economy and protect national security. These powers are not expressly granted by the Constitution but are instead derived from its implied authorities and the need to manage national affairs.
| Characteristics | Values |
|---|---|
| Commander-in-Chief of the US military and militia | May exercise supreme operational command and control over the US Armed Forces, including the power to launch, direct and supervise military operations, order or authorize the deployment of troops, and unilaterally launch nuclear weapons |
| Power to approve or veto legislation | Approve or veto bills and resolutions passed by Congress |
| Power to make treaties | Make treaties with the advice and consent of Congress, which need to be ratified by two-thirds of the Senate |
| Power to appoint and remove executive officers | Nominate and appoint ambassadors, public ministers, consuls, judges of the Supreme Court, and other officers of the US with the advice and consent of Congress |
| Power to grant reprieves and pardons | Grant reprieves and pardons for offenses against the US, except in cases of impeachment |
| Power to convene or adjourn Congress | Convene one or both houses of Congress during extraordinary occasions and adjourn them when necessary |
| Power to direct officials on how to interpret the law | Direct officials on how to interpret the law, subject to judicial review |
| Power to direct the war | Initiate the process for going to war and direct military operations, but does not have the power to declare war |
| Power to manage the national economy and protect national security | In times of war or national emergency, Congress may grant broader powers to manage the economy and protect national security |
| Power to issue rules and regulations | Unilaterally issue rules, regulations, and instructions with varying impact and visibility |
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What You'll Learn
Power to initiate wars
While the US Constitution designates the president as the commander-in-chief of the US Armed Forces, it is Congress that holds the sole power to declare war. This power is often referred to as the "Declare War Clause". However, there is a consensus that the president, as commander-in-chief, has the authority to direct military operations and supervise the war effort. This interpretation stems from the belief that the framers of the Constitution intended for Congress to declare war and the president to lead the armed forces in executing it.
The War Powers Resolution of 1973 was enacted to address concerns about the unilateral initiation of wars by the president. This resolution requires the president to obtain prior congressional approval for deploying troops to conflict zones and stationing them for more than 60 days. Additionally, the president must routinely consult with Congress during the conflict and provide a detailed report to Congress within 48 hours of introducing US armed forces into hostilities. This resolution was passed to curb the perceived trend of presidents engaging the country in conflicts without proper congressional approval, such as in the Vietnam War and the Korean War.
Despite the War Powers Resolution, there is still ambiguity regarding the president's power to initiate "undeclared" hostilities under their executive and commander-in-chief powers. This interpretation is associated with Professor John Yoo and is considered a minority view. The majority view holds that the Declare War Clause limits the president's power to initiate the use of military force, even if the precise contours of this limitation remain unresolved in modern court cases.
It is worth noting that Congress can provide a check to presidential military power through its control over military spending and regulation. Additionally, in times of war or national emergency, Congress may grant the president broader powers to manage the national economy and protect the security of the United States.
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Control over the economy in emergencies
While the US Constitution does not explicitly grant the president powers to control the economy, in times of war or national emergency, Congress may grant the president broader powers to manage the national economy and protect the security of the United States.
In the US, a market economy, most day-to-day economic decisions are made by individuals and businesses. However, the federal government, of which the president is the head, does have some influence over the economy. The president can influence fiscal policy, which is implemented through the federal budget. While the president can make budget recommendations, both chambers of Congress must pass it, which often results in lengthy negotiations.
The president also has the power to appoint members of the Federal Reserve's Board of Governors, including its chair, with the Senate's consent. However, this does not grant the president significant control over the Fed. Additionally, the president can use the "bully pulpit," a term coined by Theodore Roosevelt, to advocate for policies and generate public support, thereby influencing Congress.
Despite these influences, the president's control over the economy is limited, especially regarding fiscal and monetary policy. Federal government spending constitutes a relatively small share of the economy, and the president is just one part of the government, with Congress wielding the "power of the purse." Policies can take a long time to have any effect on the economy, and many economic indicators are influenced by factors beyond the president's control, such as interest rates, supply and demand, and global events.
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Commander-in-Chief powers
The Commander-in-Chief Clause of Article II, Section 2 of the US Constitution designates the president as the Commander-in-Chief of the US Armed Forces, including the Army, Navy, and Militia of the several States. This role grants the president significant powers to command and direct the military, although the extent of these powers has been the subject of much debate.
The Commander-in-Chief powers of the US president include the ability to launch, direct, and supervise military operations, order or authorise the deployment of troops, and form military policy. This authority extends to initiating military actions such as attacking pirates and rescuing US citizens abroad. The president's role as Commander-in-Chief also encompasses the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
While the president has substantial powers as Commander-in-Chief, there are limitations. The power to declare war is vested in Congress, not the president. Additionally, the president's military powers are constrained by other provisions of the Constitution, international law, and Congressional legislation. The Supreme Court, for example, has rejected presidential arguments that the Commander-in-Chief Clause empowers the president to unilaterally seize private property during wartime.
Throughout history, the degree of presidential authority as Commander-in-Chief has fluctuated, with Congress at times granting wide authority and at other times attempting to restrict it. The president's Commander-in-Chief powers were notably expanded during World Wars I and II, with presidents exercising powers such as increasing the size of the military, which fell within Congress's constitutional province.
The Commander-in-Chief powers of the US president have been a contentious issue, with ongoing debates about the exact limits of these powers and the appropriate balance between executive and congressional authority in military matters.
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Appointment of staff
The President of the United States has the power to appoint their 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", meaning the President can remove them at will. The President also has the power to appoint federal judges, ambassadors, and other "principal officers" of the United States, subject to Senate confirmation of such appointments.
The Appointments Clause of the US Constitution gives the executive branch and the President, not Congress, the power to appoint federal officials. The President has plenary power to nominate political appointees, while the Senate's role is advisory to the nomination. The President is not bound to appoint their own nominee, even with the Senate's advice. The Appointments Clause also requires that ambassadors, ministers, and consuls be appointed with the advice and consent of the Senate.
The President's power to appoint "inferior officers" mentioned in Article II is vested in the President only by Congressional approval. "Inferior officers" are those whose work is directed and supervised by others who were appointed by presidential nomination with the advice and consent of the Senate. Examples of "inferior officers" include district court clerks, federal supervisors of elections, and independent counsel.
The President's power to appoint also extends to judges and departmental secretaries, but these appointments must be approved by the Senate. The President can also make temporary appointments during a Senate recess, which expire at the end of the next session.
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Granting reprieves and pardons
The President of the United States has the power to "grant Reprieves and Pardons for Offenses against the United States", as outlined in Article II, Section 2 of the Constitution. This power is not unlimited, however, and there are several important constraints. Firstly, it does not apply to cases of impeachment, as established in the Constitution and affirmed by the Supreme Court in the 1886 case Ex parte Garland. This limitation was further emphasised in the 1915 Supreme Court case where the Court asserted that the President could not force an individual to accept a pardon that violated their constitutional rights, specifically the Fifth Amendment right against self-incrimination.
The pardon power also does not extend to state criminal offences or civil liabilities, as these are considered "Offenses against the United States". In addition, the Supreme Court has outlined four categories of pardons that would constitute abuses of power: two of these are self-pardons and self-protective pardons, which would place the President above the law. The other two categories are not explicitly mentioned but likely refer to similar concerns.
The pardon power has a long history, with roots in early English law, and was first used by President George Washington in 1795 to grant amnesty to participants of the Whiskey Rebellion. Since then, it has been employed for a wide variety of convictions and crimes, including by Thomas Jefferson who granted amnesty to those convicted under the Alien and Sedition Acts. The power is not restricted by time constraints, except that the crime must have been committed for a pardon to be granted.
A pardon is an expression of the President's forgiveness and is typically granted when the applicant accepts responsibility for the crime and demonstrates good conduct after conviction or completion of their sentence. It does not signify innocence but rather restores civil rights and reverses statutory disabilities associated with a criminal conviction, such as firearm rights and occupational licensing. In rare cases, a pardon can halt criminal proceedings or investigations, as seen with the pardon of Richard Nixon.
Reprieves, on the other hand, are temporary postponements of punishment, while commutations involve the mitigation of a sentence without cancelling the conviction. The President's authority to grant reprieves and pardons is an essential tool for justice and mercy, intended to further "the public welfare".
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Frequently asked questions
While the Constitution outlines many presidential powers, it does not explicitly grant the president the power to initiate the process of going to war. However, presidents have historically done so, and critics have charged them for this.
In times of war or national emergency, Congress may grant the president broader powers to manage the national economy and protect the security of the United States.
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.
