Isabella Carter
The President of the United States derives their powers from the Constitution, which outlines the executive branch's authority and the President's powers and duties. While the Constitution grants the President explicit powers, such as the power to pardon and veto legislation, it does not expressly grant certain powers, such as the ability to grant executive agreements and the authority to remove federal officers. The President's powers also extend beyond the Constitution, including implied authorities and soft power. This raises questions about the scope of presidential power and the interpretation of constitutional duties.
| Characteristics | Values |
|---|---|
| Commander in Chief of the Army, Navy, and Militia of the States | Can assemble militia, direct military operations, and control executive officers |
| Power to grant reprieves and pardons | Clemency, pardon, and commutation |
| Power to fill vacancies during the recess of the Senate | Granting commissions that expire at the end of the next session |
| Power to require written opinions from executive departments | Asking for the written opinion of their Cabinet |
| Power to make treaties | Requires approval from two-thirds of the Senate |
| Power to appoint federal officials | Appointing federal judges, ambassadors, and other "principal officers" |
| Power to remove executive officers | Supervising and removing executive officials |
| Power to approve or veto legislation | Signing or vetoing legislation |
| Power to convene or adjourn Congress | Can recommend legislative measures |
| Power to receive ambassadors | Includes the authority to recognize foreign governments |
| Power to execute federal laws | Ensuring prompt and vigorous implementation of laws |
| Power to manage the national economy and protect national security | Broad powers to manage national affairs and government priorities |
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What You'll Learn
The power to remove federal officers
The U.S. Constitution grants the President broad discretion over foreign policy and domestic affairs. The President has the power to appoint federal judges, ambassadors, and other "principal officers" of the United States, subject to Senate confirmation.
While the President has the authority to appoint federal officers, the power to remove them is not explicitly granted by the Constitution. The Supreme Court has recognised that the Constitution vests the President with certain implied authorities, such as the ability to supervise and remove executive officials.
The Court has affirmed that the President has the power to remove all officers in whose appointment he has participated, except federal judges. This power, however, does not extend to officers who do not occupy a place in the executive department and do not exercise executive power vested in the President.
For example, in the Myers case, the Court held that a postmaster could be removed by the President as they are an executive officer restricted to the performance of executive functions. On the other hand, the Federal Trade Commission, being an administrative body created by Congress, is not subject to the President's removal power.
Additionally, Congress may limit the President's power to remove executive branch officers, as seen in the case of Bowsher v. Synar, where the Court struck down a provision that gave Congress the power to remove the Comptroller General.
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The power to make treaties
The US Constitution's Article II, Section 2, Clause 2 grants the President the power to make treaties with the "advice and consent" of the Senate, provided that two-thirds of the Senators present concur. This clause, known as the Treaty Clause, represents the first time the Constitution addresses international affairs from the President's powers perspective.
The President is the final actor in expressing the United States' assent to be bound by a treaty. However, additional action by Congress may be necessary to implement the treaty into domestic law. Treaties are considered pacts between sovereign nations, and they are the most common way to establish foreign policy.
Executive agreements are another way to conduct foreign policy, but they do not require Senate approval. These agreements are not authorised by the Constitution but are considered within the President's vested powers. Executive agreements are legally distinct from treaties under US law, and the Supreme Court has generally upheld non-treaty agreements in limited circumstances.
The Treaty Clause also grants the President the power to appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and other officers of the United States, with the advice and consent of the Senate. However, the Senate's authority is limited to approving or disapproving of appointments, with the power to attach conditions or reservations.
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The power to appoint federal officials
The Appointments Clause of the United States Constitution grants the president the power to appoint federal officials. This clause, found in Article II, Section 2, Clause 2 of the Constitution, empowers the president to nominate and appoint public officials, including ambassadors, Cabinet secretaries, and federal judges. The president also has the power to fill vacancies during Senate recess by granting commissions that expire at the end of the next session.
While the president has the power to appoint principal officers, the Senate must confirm these appointments. Principal officers include ambassadors, members of the Cabinet, and federal judges. On the other hand, Congress may by law invest the appointment of "inferior" officers to the President alone, judiciary, or department heads. Inferior officers are those whose work is directed and supervised by others appointed by the president with the Senate's advice and consent.
The Appointments Clause functions as a restraint on Congress, ensuring the separation of powers. The framers of the Constitution were concerned that Congress might seek to fill offices with their supporters, undermining the President's control over the executive branch. The Supreme Court has also recognized that the Constitution vests the President with implied authorities, such as the ability to supervise and remove executive officials.
The President's power to appoint federal officials is subject to certain limitations. For example, in Wiener v. United States, the Court held that the President could not remove a commissioner whose term expired with the agency. Additionally, Congress may limit the President's power to remove executive branch officers, as long as it does not interfere with the President's Constitutional duties.
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The power to pardon
> shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of impeachment.
The pardon power is derived from early English law and was included in the Constitution with little debate in 1787. The Supreme Court has interpreted this provision broadly, to include the power to grant pardons, conditional pardons, commutations of sentence, conditional commutations of sentence, remissions of fines and forfeitures, respites and amnesties. A pardon is an executive order granting clemency for a conviction and may be granted "at any time" after the commission of a crime.
The pardon power is not without limits. The Supreme Court has held that the power is "unlimited, with the exception stated", meaning that pardons may only be granted for "Offenses against the United States", and not for state criminal offenses or civil liability. Pardons also may not be granted in cases of impeachment. The Court has also held that the pardon power cannot be used to force an individual to accept a pardon that violates their constitutional rights, nor can it be used to prevent courts from enforcing orders protecting constitutional rights.
The constitutionality of self-pardons has not been tested in the Supreme Court, and may be open to question. Arguments against self-pardons include the unjust nature of the president being above the law, violations of the public trust, and the inadequacy of other safeguards such as political consequences. However, these arguments have been disputed, and a constitutional amendment or a Supreme Court decision would be required to settle the constitutionality of a self-pardon.
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The power to manage the national economy in times of war or national emergency
The US Constitution grants the President broad powers over foreign policy, including the ability to make treaties and executive agreements, appoint federal judges, ambassadors, and other principal officers, and enforce laws. However, the Constitution does not explicitly grant the President the power to manage the national economy in times of war or national emergency.
While the Constitution does not explicitly address the President's role in economic management during crises, Congress enacted the International Emergency Economic Powers Act (IEEPA) in 1977 to clarify and restrict presidential power during national emergencies. The IEEPA authorizes the President to regulate international commerce after declaring a national emergency in response to any unusual and extraordinary threat to US national security, foreign policy, or the economy. This power has been used extensively, including by President Donald Trump, who invoked IEEPA authority during his 2017-2021 term with national emergency declarations and sanctions on thousands of entities.
The President's authority to act in times of war or national emergency extends beyond the economy. For example, the President can appoint temporary military personnel and make executive agreements without Senate approval. Additionally, the President has the power to supervise and remove executive officials and recognize foreign governments, which can impact the nation's economic relations.
While the Constitution does not explicitly grant the President the power to manage the national economy in times of crisis, the IEEPA and other emergency powers provide the President with significant authority to influence economic matters when necessary. The President's ability to act is shaped by their broad responsibilities over foreign policy and the enforcement of laws, as well as the implied powers recognized by the Supreme Court.
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Frequently asked questions
The Take Care Clause, also known as the Faithful Execution Clause, requires the president to "take Care that the Laws be faithfully executed". This clause grants the president broad enforcement authority to execute federal laws and control executive officers who execute those laws. However, it also serves as a limitation on presidential power, as it underscores the duty of the president to faithfully execute and uphold the laws of Congress, rather than disregard them.
While the president has the power to appoint and remove executive officers, Congress may limit this power by restricting the president's ability to remove purely executive officers. The Supreme Court has ruled that Congress cannot retain the right to remove executive officers, but it can impose limitations that do not interfere with the president's constitutional duties.
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. Additionally, the president's power to assemble militiamen and direct military operations, as demonstrated by historical precedents, is not explicitly outlined in the Constitution.
