Malcolm Rivera
The President of the United States has a variety of powers, some of which are explicitly granted by Article II of the US Constitution, and others that are implied. The Constitution does not provide any reference to implied powers, but the Supreme Court has ruled on cases where the president has acted within what they believed were their implied powers. The Supreme Court has developed a framework for determining the other powers the president possesses based on those outlined in Article II. Justice Robert Jackson’s concurring opinion stated a three-part test for analyzing conflicts between presidential and congressional powers, which has been used to define the limits of a president’s power to issue executive orders.
| Characteristics | Values |
|---|---|
| Commander-in-Chief of the U.S. Armed Forces | Power to launch, direct and supervise military operations, order or authorize the deployment of troops, and form military policy |
| Power to approve or veto legislation | Sign or veto bills and resolutions passed by Congress |
| Power to grant reprieves and pardons | Grant reprieves and pardons for offenses against the United States, except in cases of impeachment |
| Power to make treaties | Propose treaties with other countries, which need to be ratified by two-thirds of the Senate |
| Power to appoint and remove executive officers | Appoint officials, including ambassadors, and direct how laws are interpreted and staffing decisions |
| Power to convene or adjourn Congress | Convene or adjourn one or both houses of Congress during extraordinary occasions |
| Power to issue executive orders | Issue written policy directives with the power of federal law |
| Power to control foreign affairs | Recognize foreign governments and control the right to exclude aliens |
| Power to act in national emergencies | Ability to act faster than the Legislative Branch in times of national emergency |
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What You'll Learn
Commander-in-Chief of the US Armed Forces
The President of the United States is the Commander-in-Chief of the US Armed Forces, as outlined in Article II of the US Constitution. This role gives the president ultimate authority over the US military forces, including the Army, Navy, and state militias, when called into actual service. The Commander-in-Chief has the power to launch, direct and supervise military operations, order or authorize the deployment of troops, and form military policy with the Department of Defense and Homeland Security.
The Commander-in-Chief clause in the Constitution has been interpreted to mean that the president has the final say in how to wage war once Congress has declared it. This interpretation has been supported by historical precedent, with President Washington calling forth the militia to help put down the Whiskey Rebellion in 1792, and the Supreme Court recognising the president's power to repel sudden attacks in the Prize Cases of 1863.
The Framers of the Constitution gave the commander-in-chief power to the president for several reasons. Firstly, they observed Washington's leadership of the nation's armed forces and militias during the American Revolution, which showed that vesting the country's war powers in one person allowed for efficient and quick responses during wartime. Alexander Hamilton also wrote in Federalist No. 69 that the office would amount to "the supreme command and direction of the Military and naval forces, as first general and admiral of the confederacy."
Additionally, vesting the power in a political leader who is responsible and accountable to the country was seen as preferable to vesting it in a different position. As citizens elect the president, they can choose a leader they believe will effectively run the military and protect the country.
However, it is important to note that the Commander-in-Chief clause does not grant the president unlimited authority over war. While the president can wage war, Congress has multiple methods to influence their capacity to do so, including the power to declare war, raise armies, and fund military efforts.
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Power to approve or veto legislation
The President of the United States has the power to approve or veto bills and resolutions passed by Congress. This power is implied in Article I, Section 7, Clause 2 of the US Constitution, which states that once a bill passes both houses of Congress, it must be presented to the President for approval or veto.
The President has several options when presented with a bill from Congress. If the President agrees with the bill, they can sign it into law within ten days of receiving it. This is known as the Presentment Clause, which only requires the President to sign the bill without writing the word "approved" or the date of approval. If the President does not sign a bill within ten days of receiving it while Congress is in session, the bill automatically becomes law.
On the other hand, if the President disagrees with the bill, they can veto it and return it to Congress with a veto message suggesting changes. The President is required to approve or veto the entire bill, and selective vetoes are prohibited. If the President chooses to veto a bill, Congress can vote to override the veto, and the bill becomes law.
However, if the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default. This is known as a pocket veto, and it cannot be overridden by Congress.
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Power to grant reprieves and pardons
The President of the United States has the power to grant reprieves and pardons for offences against the country. This power is based on Article II, Section 2, Clause 1 of the U.S. Constitution, which states that the President "shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of impeachment".
A pardon is an expression of the president's forgiveness and is usually granted when the applicant accepts responsibility for their crime and demonstrates good behaviour for a significant period after their conviction or the completion of their sentence. It does not signify innocence, but it does restore civil rights and reverse or eliminate statutory disabilities, such as firearm rights and occupational licensing, that may have resulted from the conviction. In rare cases, such as the pardon of Richard Nixon, a pardon can also halt criminal proceedings or investigations and prevent an indictment. A reprieve is a temporary postponement of a punishment, while a commutation is the mitigation of a sentence without cancelling the conviction.
The Supreme Court has interpreted the pardon power to include the authority to grant conditional pardons, commutations of sentence, conditional commutations of sentence, remissions of fines and forfeitures, respites and amnesties. This power is not restricted by any time constraints, except that a crime must have been committed. It can be exercised at any time after the commission of a crime, either before or during legal proceedings, or after conviction and judgment.
The pardon power was first used by George Washington in 1795, when he granted amnesty to participants of the Whiskey Rebellion. Thomas Jefferson also granted amnesty to any citizen convicted under the Alien and Sedition Acts.
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Power to make treaties
The US Constitution grants the president the power to make treaties, with the advice and consent of the Senate. This is outlined in Article II, Section 2 of the Constitution, which states that the president "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur".
The Treaty Clause, found in Article II, addresses international affairs from the perspective of the president's powers. It vests the president with the authority to make treaties, with the approval of the Senate. Treaties are binding agreements between nations and become part of international law. They are also considered federal legislation within the US, forming part of "the supreme Law of the Land".
The president's power to make treaties is not without limitations. The Supreme Court has ruled that treaties do not automatically have the force of domestic law unless they are explicitly self-executing or implemented by an Act of Congress. This limits the president's ability to unilaterally enforce international agreements without Congressional delegation. Additionally, the Senate's role in the treaty-making process is significant. While the Senate does not ratify treaties, it can approve or reject a resolution of ratification. If the resolution passes, ratification occurs through the formal exchange of instruments between the US and the foreign power(s).
In recent times, presidents have entered into "executive agreements", which do not require the advice and consent of the Senate. These agreements are still binding under international law but are legally distinct from treaties under US law. Executive agreements comprise the majority of international agreements made by the US.
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Power to appoint and remove executive officers
The President of the United States has the power to appoint and remove executive officers. This power is derived from Article II of the United States Constitution, which grants the President "the executive power of the Government". This includes the general administrative control of those executing the laws, including the power of appointment and removal of executive officers.
The President has the authority to appoint officers of the United States with the "advice and consent of the Senate". This includes federal judges, ambassadors, and Cabinet-level department heads. The President also has the power to fill vacancies that occur during the recess of the Senate by granting commissions, which expire at the end of the next Senate session.
The President's power to remove executive officers is also known as the "removal power". This power is not limited to executive officers but extends to all officers in whose appointment the President has participated, with the exception of federal judges. The President's removal power is based on the principle that the President has the duty to ensure the faithful execution of the laws.
The President's power to appoint and remove executive officers has been the subject of legal debate and interpretation. For example, in the Myers case, the Supreme Court held that the President had the power to remove a postmaster, despite a provision of an act of Congress that suggested otherwise.
The President's appointment and removal powers have significant implications for the direction of policy and the implementation of laws. It allows the President to direct officials on how to interpret the law and make staffing and personnel decisions, subject to judicial review.
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Frequently asked questions
The Commander-in-Chief clause refers to the President's role as the commander-in-chief of the US Armed Forces and all federalized US Militia. This gives the President the power to launch, direct and supervise military operations, order or authorize the deployment of troops, and form military policy.
The President has the power to approve or veto bills passed by Congress. If the President agrees with the bill, they can sign it into law within 10 days of receiving it. If the President opposes the bill, they can veto it and return it to Congress with a veto message suggesting changes.
The President has the power to appoint and remove executive officers, including ambassadors and other officials, with the advice and consent of Congress. The President also has the power to make temporary appointments during Senate recess.
The Constitution does not expressly grant the President additional powers in times of national emergency. However, some scholars argue that the structural design of the Executive Branch enables it to act faster than the Legislative Branch in times of emergency. Ultimately, the courts will only recognize a right of the Executive Branch to use emergency powers if Congress has granted such powers to the President.
Executive orders are written policy directives issued by the President with much of the same power as federal law. While the Constitution does not explicitly define executive orders, they are considered an inherent aspect of presidential power.
