Omar Bennett
The executive powers listed in the US Constitution are held by the President of the United States. The President is the Commander-in-Chief of the armed forces and has the power to sign or veto legislation, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors. The President is responsible for ensuring that the laws are faithfully executed, and has the power to appoint and remove executive officers. The President may also make treaties, which require ratification by two-thirds of the Senate, and is responsible for foreign affairs. In times of war or national emergency, Congress may grant the President additional powers, and the President may issue executive orders, which have the force of law. The President holds office for a term of four years and is elected by the Electoral College.
| Characteristics | Values |
|---|---|
| Executive Power | Vested in the President of the United States of America |
| 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 | The President is the Commander-in-Chief of the Army and Navy of the United States |
| Opinion Requests | The President may request written opinions from the heads of executive departments |
| Pardons | The President has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment |
| Treaty-making | The President has the power to make treaties, which must be ratified by two-thirds of the Senate |
| Appointment Power | The President has the power to appoint and remove executive officers and other officials |
| Legislative Veto | The President has the power to sign or veto legislation |
| Convening Congress | The President can convene or adjourn Congress |
| Receiving Ambassadors | The President has the power to receive ambassadors and other public ministers |
| Law Enforcement | The President must take care that the laws be faithfully executed |
| Election | The President is elected for a term of four years, along with the Vice President |
| Succession | In the case of the President's removal, death, resignation, or inability to discharge their powers and duties, the Vice President assumes the Presidency |
| Compensation | The President receives compensation for their services, which cannot be increased or decreased during their term |
| Temporary Appointments | The President has the power to fill vacancies during the recess of the Senate by granting commissions |
| Executive Orders | The President can issue executive orders, which have the force of federal law, but can be overridden by Congress |
| National Emergency Powers | During a national emergency, Congress may grant the President broader powers to manage the economy and protect national security |
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What You'll Learn
The President's authority
The President of the United States is the "sole repository of the executive powers of the United States". The President's authority includes 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
The President is also the Commander-in-Chief of the Army and Navy of the United States and of the Militia of the several States when called into actual service. The President has the power to fill up all vacancies that may happen during the recess of the Senate by granting commissions, which shall expire at the end of their next session. The President is required to give Congress information on the state of the Union and may recommend legislative measures. They may, on extraordinary occasions, convene or adjourn both Houses or either of them.
The President has the power to receive ambassadors and other public ministers, and to take care that the laws are faithfully executed. They have the power to appoint and remove executive officers and may direct officials on how to interpret the law (subject to judicial review) and on staffing and personnel decisions.
The President may make treaties, which need to be ratified by two-thirds of the Senate, and is responsible for the relations of the United States with foreign nations. They can control the formation and communication of foreign policy and direct the nation's diplomatic corps. The President also has the power to modify or revoke executive orders issued during their term or by past presidents.
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Commander-in-Chief
Article II of the U.S. Constitution establishes the Executive Branch of the federal government, vesting executive power in the President of the United States of America. The President is the Commander-in-Chief of the Army and Navy of the United States, as well as the Militia of the several States when called into actual service. As Commander-in-Chief, the President holds explicit authority to command the armed forces, including the power to convene or adjourn Congress, and grant reprieves and pardons.
The President's authority as Commander-in-Chief extends to foreign affairs, where they are the sole representative of the nation and have the power to speak and listen on behalf of the country. This includes the power to make treaties, which require ratification by two-thirds of the Senate, and the authority to control the formation and communication of foreign policy. The President can also direct the nation's diplomatic corps and has the power to receive ambassadors and other public ministers.
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. These powers are in addition to the President's ability to issue executive orders, which carry the force of federal law and can be used to achieve various goals, such as suspending the entry of aliens into the country.
The President's role as Commander-in-Chief also entails ensuring the faithful execution of laws. This includes the power to appoint and remove executive officers, direct officials on how to interpret laws (subject to judicial review), and make staffing and personnel decisions. The President is responsible for commissioning all officers of the United States and ensuring the laws are faithfully executed through the agents charged with enforcement.
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Appointments and removals
The Appointments Clause in Article II of the US Constitution gives the President of the United States the power to appoint officers of the United States, including federal judges, ambassadors, and Cabinet-level department heads. The President nominates an official, and the Senate conducts a confirmation process. The President then appoints and commissions the appointee.
The Appointments Clause does not specify all the persons who fall under its purview, and its reach and scope have been disputed. The Constitution specifies that certain persons, such as Supreme Court Justices, qualify as Officers of the United States. The Supreme Court has interpreted these requirements as distinguishing between two types of officers: principal officers and inferior officers.
Principal officers must be appointed by the President and confirmed by the Senate, while inferior officers can be appointed by the President alone, by the heads of departments, or by the judiciary. Congress can eliminate the Senate's role in the appointment process of inferior officers and vest it in the President alone. Congress can also eliminate both the Senate's and President's roles and give the power to the heads of executive departments or an Article III court.
The removal power of the President is a longstanding, far-reaching, and hotly contested question. The US Constitution does not include a provision pertaining to the removal of federal appointees from office. The Supreme Court has endorsed the traditional view that the Constitution grants the President the power to remove. The acts establishing independent federal agencies allow the President to remove commissioners or agency heads for cause, such as inefficiency, neglect of duty, and malfeasance in office.
Congress may not involve itself in the removal of officials performing executive functions. However, Congress does have the constitutional authority to put the President, courts, or department heads in charge of appointing inferior officers.
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Pardons and reprieves
The President of the United States is granted broad executive powers by the Constitution. These powers are outlined in Article II of the Constitution, which establishes the Executive Branch of the federal government. One of the key powers vested in the President is the ability to grant reprieves and pardons for offences against the United States.
The power to grant pardons and reprieves is derived from Section 2, Clause 1 of Article II, which states that the President "shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." This power is often referred to as the pardon power or the clemency power. It allows the President to grant relief from criminal punishment, including the ability to pardon individuals, commute sentences, and provide temporary postponements of punishment (reprieves).
The pardon power has a long history and deep roots in English common law and ancient legal principles. The concept of granting reprieves and pardons originated from the English monarch's "royal prerogative of mercy", which allowed them to withdraw or mitigate death sentences. During the 1787 Constitutional Convention, there was little debate over including the pardon power in the Constitution, as it was widely accepted as a necessary executive power.
The President's pardon power is not without limits. It does not apply in cases of impeachment, as outlined in the Constitution. Additionally, pardons cannot interfere with civil contempt cases, where the punishment is remedial and intended to benefit the complainant. Furthermore, a pardon requires acceptance by the recipient, as established in the Supreme Court case Burdick v. United States (1915).
The use of the pardon power by Presidents has sometimes been controversial, particularly when it appears to be politically motivated. Notable examples include President Jimmy Carter's amnesty for Vietnam draft dodgers, President George W. Bush's commutation of White House staffer Lewis Libby's sentence, and President Donald Trump's pardon of Roger Stone. Despite this controversy, the pardon power remains a significant tool for the President to exercise oversight of the judicial branch and alter punishments for crimes.
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Treaties and foreign affairs
The President of the United States is the country's sole repository of executive powers, as established by Article II of the Constitution. The President is responsible for the nation's foreign relations and has the power to make treaties, which must be ratified by two-thirds of the Senate. This power is outlined in Section 2, Clause 2 of Article II, which also describes the President's shared powers with Congress.
The President has the authority to control the formation and communication of foreign policy and direct the nation's diplomatic corps. This includes the power to receive and appoint ambassadors and other public ministers. The President also has the power to recognise foreign governments and control the entry of aliens or any class of aliens, as outlined in Zivotofsky v. Kerry, 576 US. 1, 17 (2015).
The President's authority over foreign affairs is distinct and exclusive, as stated in United States v. Curtiss-Wright Export Corp., 299 U.S. 304, 319 (1936). This means that the President alone has the power to speak or listen as a representative of the nation. The President's power in this area is further enhanced by their ability to issue executive orders, which can have the same effect as federal law.
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. These powers are not expressly granted by the Constitution but are instead delegated by Congress.
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Frequently asked questions
The US Constitution grants the President of the United States the following powers:
- Commander-in-Chief of the Army and Navy
- The power to require written opinions from the heads of executive departments
- The power to grant reprieves and pardons
- The power to sign or veto legislation
- The power to command the armed forces
- The power to convene or adjourn Congress
- The power to receive ambassadors
- The power to appoint and remove executive officers
- The power to make treaties, which need to be ratified by two-thirds of the Senate
Executive orders are written policy directives issued by the President with the same power as federal law. While they are not explicitly defined in the Constitution, they are based on historical practice, executive interpretations, and court decisions. Executive orders can be challenged in court, and Congress can pass a new law to override an order enacted under powers delegated by Congress.
The Supreme Court has recognised that the Constitution vests the President with certain implied authorities, including the power to enforce and administer laws, make rules, and issue memoranda and other informal orders. 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.
