Simone Lawson
The executive powers of the US government are outlined in Article II of the US Constitution, which establishes the Executive Branch of the federal government. The Executive Vesting Clause, in Section 1, Clause 1, provides that the federal executive power is vested in the President. The President is the Commander-in-Chief of the armed forces and has the power to approve or veto bills and resolutions passed by Congress, issue executive orders, and grant pardons for federal offenses. The President also has the authority to enforce laws and appoint federal officials. In addition to the powers explicitly stated in the Constitution, the Supreme Court has recognized that the President also has certain implied authorities, such as the ability to supervise and remove executive officials.
| Characteristics | Values |
|---|---|
| Executive powers vested in | The President |
| Commander-in-Chief of | The Army and Navy of the United States, and the Militia when called to service |
| Power to | Require written opinions from the heads of executive departments |
| Power to | Grant reprieves and pardons for federal offenses, except in cases of impeachment |
| Power to | Make treaties, with the advice and consent of Congress |
| Power to | Nominate ambassadors and other officials with the advice and consent of Congress |
| Power to | Approve or veto bills and resolutions passed by Congress |
| Power to | Make recess appointments when the Senate is not in session |
| Power to | Issue executive orders |
| Power to | Convene Congress for special sessions |
| Power to | Receive ambassadors and other public ministers |
| Power to | Ensure laws are faithfully executed |
| Power to | Supervise and remove executive officials |
| Power to | Recognise foreign governments |
| Power to | Exclude aliens |
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What You'll Learn
The President's authority as Commander-in-Chief
As Commander-in-Chief, the President has the power to launch, direct and supervise military operations, order or authorise the deployment of troops, and form military policy with the Department of Defense and Homeland Security. The President is responsible for determining what measures of defence are required when the peace and safety of the United States are endangered, and they hold prime responsibility for the conduct of US foreign relations.
The President's Commander-in-Chief powers can be influenced by Congressional intent and actions. For example, after the terrorist attacks of September 11, 2001, Congress passed the Authorization for Use of Military Force against Terrorists (AUMF), which provided the President with more authority to exercise their constitutional powers as Commander-in-Chief.
The exact degree of authority that the Constitution grants to the President as Commander-in-Chief has been debated throughout US history, with various legal disputes and Supreme Court cases interpreting and shaping the President's powers.
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The President's power to grant pardons
Article II, Section 2 of the United States Constitution states that the President has the authority to "grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." This power is known as the pardon power, and it is one of the exclusive powers granted to the President as the Commander-in-Chief. The pardon power allows the President to grant clemency, which includes not only pardons but also other forms of relief from criminal punishment.
The pardon power has its origins in early English law, known as the "prerogative of mercy." It first appeared during the reign of King Ine of Wessex in the seventh century. The power to pardon was recognized by the Supreme Court as quite broad and not generally subject to congressional modification. In Ex parte Garland (1866) and United States v. Klein (1871), the Court ruled that legislation could not restrict the President's pardon power. The Court referred to the President's authority to pardon as unlimited, except in cases of impeachment, and able to be exercised at any time during legal proceedings.
Throughout history, several presidents have controversially exercised their pardon power. For example, Andrew Johnson's pardon of Jefferson Davis, the president of the Confederacy, and Gerald Ford's pardon of Richard Nixon after Watergate. Other notable pardons include Thomas Jefferson's amnesty for citizens convicted under the Alien and Sedition Acts, and Abraham Lincoln's use of clemency to encourage desertions from the Confederate Army.
The process of granting pardons typically involves the Department of Justice and the President. While both make efforts to resolve clemency applications in a timely manner, there is no guarantee that an application will be decided by the current President. If an application remains unresolved, it will be passed on to the next President to make a decision.
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The President's ability to issue executive orders
Article II, Section 1 of the US 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 foreign affairs.
Among the most powerful tools available to the president are executive orders, which are written policy directives issued by the president with much of the same power as federal law. However, such orders are not explicitly defined in the Constitution and rest on historical practice, executive interpretations, and court decisions. The constitutional basis for the executive orders power is the president’s broad ability to issue directives.
Executive orders can have the same effect as federal laws under certain circumstances. For example, Franklin Delano Roosevelt issued an executive order to integrate shipyards and military contractors, and Harry Truman signed an order to integrate the military. Lyndon Johnson used an executive order to impose civil rights obligations on federal contractors, and Joe Biden signed an order requiring federal agencies to facilitate voter registration.
However, Congress can pass a new law to override an executive order, but only for those orders enacted "pursuant to powers delegated to the President" by Congress. Congress cannot directly modify or revoke an executive order that was issued pursuant to powers granted exclusively to the president by the Constitution. In the landmark Youngstown case, the Supreme Court struck down an executive order issued by President Harry Truman attempting to seize control of the steel mills during a labour dispute in the midst of the Korean War.
In other cases, the courts have upheld executive orders and proclamations when it is determined that the president had been granted some powers by Congress to issue a directive. For example, in Trump v. Hawaii (2018), the Supreme Court upheld an executive proclamation blocking the entry of certain foreign nationals into the United States under the Immigration and Nationality Act (INA).
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The President's role in foreign affairs
The President has the power to appoint and receive ambassadors and other public ministers, and conclude treaties with foreign powers. The President's role includes responsibility for directing the US military, which has the second-largest nuclear arsenal. The President is the Commander-in-Chief of the US Armed Forces, and while the power to declare war is constitutionally vested in Congress, the President has ultimate responsibility for the direction and disposition of the military.
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The President's duty to execute and enforce laws
The US Constitution vests executive powers in the President, requiring that the President "shall take Care that the Laws be faithfully executed". The President's duty to execute and enforce laws is outlined in Article II, Section 3 of the Constitution, also known as the Take Care Clause or the Faithful Execution Clause. This clause requires the President to ensure that the laws are "faithfully executed", meaning that they must ensure that existing laws and the Constitution are upheld and followed.
While the President is not personally responsible for executing the laws, they have a duty to supervise and ensure that their subordinates carry out the laws faithfully. This includes the power to supervise and remove executive officials and the authority to enforce laws and appoint agents charged with enforcement. The President also has the power to issue executive orders, which are written policy directives that can have the same effect as federal law. However, Congress can pass new laws to override executive orders, and the courts have the power to block or modify them.
The Take Care Clause has been extensively debated, with legal scholars discussing the limits of presidential power. While it seemingly grants broad enforcement authority to the President, it also underscores the duty to execute the laws of Congress faithfully and not disregard them. This has been a central point of contention in debates and litigation surrounding presidential power, including the enforcement of federal immigration laws and the removal of federal officers.
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Frequently asked questions
The executive powers are found in Article II of the US Constitution.
Article II, Section 1 of the Constitution vests executive powers in the president.
The president has the power to:
- Approve or veto bills and resolutions passed by Congress
- Issue executive orders
- Grant pardons for federal offences
- Convene Congress for special sessions
- Serve as Commander-in-Chief of the US military
- Negotiate and sign treaties
- Nominate ambassadors and other officials
Executive orders are written policy directives issued by the president that have the force of law but do not have to be approved by Congress. They are not explicitly defined in the Constitution and rest on historical practice, executive interpretations, and court decisions.
Yes, Congress can pass a new law to override an executive order, but only for those orders enacted "pursuant to powers delegated to the President" by Congress. Congress has also used other methods to restrain executive orders, such as by attempting to withhold spending on programs created by an executive order.
