Jonah Patel
The US Constitution outlines the formal powers of the president, including the ability to sign or veto legislation, command the armed forces, and appoint senior government officials. However, the vague language of the Constitution has led to debates over the balance of power, with some arguing that presidents have accrued too much power in military matters. While the president's powers are nearly all set out in Article 2, the flexibility of the Constitution has allowed for the development of the presidency into what is now considered the most powerful elected office in the world. This evolution has resulted in the emergence of non-constitutional sources of presidential power, such as executive orders, which are written policy directives that can have the same effect as federal law. These executive orders are based on the president's role as head of the executive branch and are often used to direct the executive branch in carrying out policies. While Congress can override certain executive orders, they have also been challenged in court, demonstrating the complex nature of presidential power and the ongoing struggle to define and balance its scope.
| Characteristics | Values |
|---|---|
| Commander-in-chief of the armed forces | Congress has the power to declare war |
| Proposing legislation to Congress | Congress has the power to approve or veto |
| Executive orders | The president can create a legal order without a vote in Congress |
| Personal powers of charm and persuasion | The president can persuade individual members of Congress |
| Implied powers | The president can employ emergency powers during a national crisis |
| Inherent powers | The president has specific powers as chief executive |
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What You'll Learn
The president's role as commander-in-chief
The President's power as commander-in-chief has been a source of debate, with critics arguing that the authority to initiate war should be vested exclusively in Congress. Despite this, many presidents have utilised their role as commander-in-chief to take military action without congressional approval. For example, President Clinton used military force to address the conflict in Bosnia and Haiti, and President Obama authorised extensive bombing in Libya, contributing to the fall of Gaddafi, without seeking Congress's consent.
The president's power as commander-in-chief is also influenced by their role as the head of the executive branch. This role allows the president to create executive orders, which are legal orders that direct the executive branch in carrying out policies. While many executive orders are uncontroversial and based on Acts of Congress, some have been controversial, such as Trump's order to ban refugees and citizens from several Muslim-majority countries.
Additionally, the president's power as commander-in-chief is shaped by their ability to propose legislation to Congress and their power to veto bills and resolutions passed by Congress. This allows the president to have a significant influence on the creation and implementation of laws related to the military and national security.
Overall, the president's role as commander-in-chief grants them significant power and responsibility for the safety and security of the United States and its citizens. While this role is balanced by the powers of Congress, there is ongoing debate and dispute over the balance of power between the two branches of government in military matters.
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The president's power to issue executive orders
Executive orders have been used by presidents since George Washington, and they have covered a wide variety of subjects, including public lands, military matters, economic crises, and civil rights. Some executive orders have made substantial policy changes, such as Abraham Lincoln's Emancipation Proclamation of 1863 and Harry Truman's desegregation of the armed forces in 1948. Franklin D. Roosevelt issued over 3,700 executive orders, far more than any other president. Theodore Roosevelt, Woodrow Wilson, and Calvin Coolidge each issued more than a thousand.
The authority to issue an executive order typically comes, either explicitly or implicitly, from a congressional statute. On occasion, presidents have justified orders based on their constitutional power to execute the nation's laws. Whether the Constitution empowers the president only to execute policies devised by Congress or vests them with substantive policymaking powers has been a matter of dispute. As a result, orders based on inherent presidential powers not authorized by Congress are more likely to raise separation-of-powers concerns. Courts may strike down executive orders if the president lacked the authority to issue them or if they are found to be unconstitutional.
Some of the most notable executive order cases have occurred during times of war, when presidents have sought to exercise more robust powers in the interest of prosecuting the war or protecting national security. For example, during the early days of the Civil War, Abraham Lincoln authorized his military commanders to suspend the writ of habeas corpus along troop transportation routes between Washington, D.C., and Philadelphia. This was later overturned by Chief Justice Roger Taney, who held that the power to suspend the writ rested exclusively with Congress.
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The president's power to persuade
The US Constitution grants the president various powers, including the ability to approve or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, and grant reprieves and pardons. However, the president's power to enforce political change is limited, and they rely heavily on their power to persuade.
Richard Neustadt, in his 1960 book on presidential power, famously asserted that "presidential power is the power to persuade". This highlights the president's ability to influence Congress and drive political change through persuasion rather than constitutional authority. Former senators tend to have an advantage in this regard, being more familiar with the culture of Washington. For example, President Johnson was able to carry over his experience as Senate majority leader and use his powers of persuasion effectively as president.
Additionally, the president's power to issue executive orders, derived from their role as head of the executive branch, is another example of their power to persuade. Executive orders allow the president to create legal orders without a congressional vote, directing the executive branch to carry out policies. While many executive orders are uncontroversial, some, such as Trump's ban on refugees and citizens from certain Muslim-majority countries, have sparked widespread protests.
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The president's implied powers
The President of the United States has a wide range of implied powers, which are not explicitly mentioned in the Constitution but have been interpreted from it. These powers have contributed significantly to the expansion of presidential power over time.
Article II of the Constitution, for example, states that the "executive power shall be vested in the president" and that the president shall "take care that the laws be faithfully executed". These clauses are quite vague and have been used as a basis for presidential expansionism. They have enabled presidents to claim a national mandate as the only nationally elected politician, especially after the popular vote was established as the means of election.
One of the most crucial presidential powers is the ability to propose legislation to Congress. This power has been used by presidents to influence and shape policy. Roosevelt, for instance, used his implied powers to expand the president's authority during a national crisis. He issued an executive order that suspended the civil liberties of Japanese-Americans during World War II, demonstrating the far-reaching implications of implied powers.
Executive orders are another form of implied power. As the head of the executive branch, the president can create legal orders without a vote in Congress and direct the executive branch to carry out policies. While many executive orders are uncontroversial and based on Acts of Congress, some have sparked significant backlash, such as Trump's order banning refugees and citizens from several Muslim-majority countries.
The president's role as commander-in-chief of the armed forces also grants them substantial implied powers. While Congress holds the power to declare war, the president can authorise military action and direct military operations. This has led to disputes, with critics arguing that presidents have accrued too much power in military matters, such as when Obama ordered extensive bombing in Libya without congressional approval.
Additionally, the president's power to appoint staff and advisers is another form of implied power. These appointments are not subject to Senate review, allowing the president to surround themselves with like-minded individuals who can influence policy and decision-making.
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The president's inherent powers
The President of the United States has inherent powers that are not tied to a particular authority mentioned in the Constitution. These powers are distinct from implied powers and are essential to the role of the chief executive.
One of the most crucial presidential powers is the ability to propose legislation to Congress. This power has been utilised by presidents such as Roosevelt, who expanded the president's authority to employ emergency powers during a national crisis. For example, Roosevelt issued an executive order during World War II that interned Japanese-Americans, citing national security concerns. While this order was later overturned by the Supreme Court, it demonstrates the potential scope of presidential inherent powers.
The president's role as commander-in-chief of the armed forces also grants significant inherent powers. While Congress holds the power to declare war, the president has plenary power to launch, direct, and supervise military operations, authorise troop deployment, and unilaterally launch nuclear weapons. This authority has been a subject of debate, with Congress at times granting wide authority and at other times attempting to restrict it.
Additionally, the president has the power to issue executive orders, which are legal orders created without a vote in Congress. These orders direct the executive branch in carrying out policies and can be traced to an Act of Congress. Executive orders can be controversial, such as Trump's order banning refugees and citizens from several Muslim-majority countries, or relatively uncontroversial, like withdrawing from the Trans-Pacific Partnership.
The president also possesses inherent powers in the realm of foreign affairs, including the ability to make treaties with the advice and consent of Congress and to appoint ambassadors. These powers contribute to the president's ability to direct foreign policy and engage in diplomatic relations.
Finally, the president has certain soft powers, such as the ability to persuade and influence Congress and the public. This aspect of the presidency is often tied to the president's role as the only nationally elected politician and can significantly impact their ability to enact political change.
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Frequently asked questions
Non-constitutional sources of power are the informal powers that a president may be able to wield, which are not outlined in the Constitution.
Executive orders are a key example of a non-constitutional source of power. They are written policy directives issued by the president, which have the same power as federal law. While the Constitution does not explicitly define executive orders, they are accepted as an inherent aspect of presidential power.
The president's ability to issue signing statements when a bill is presented for signature is another example. The president can express their opinion on the constitutionality of a bill's provisions and even declare them unenforceable.
Yes, the president has broad powers in areas such as control and operation of the federal government, federal agencies, and foreign affairs. For instance, the president has the power to exclude aliens or a class of aliens from entering the country if it is deemed detrimental to the interests of the United States.
Some non-constitutional sources of power are considered to be as important as, or even more important than, the formal powers described in the Constitution.
