Simone Lawson
The United States Constitution outlines the powers and limitations of the government, with any additional powers flowing from general provisions. One constitutional restriction on presidential power is that presidents are limited to two four-year terms in office. The Constitution also grants the president the ability to limit or check the power of the legislative branch through the use of executive orders to enact policies that Congress refuses to pass as laws. The Constitution does not give citizens their rights and liberties; instead, it guarantees them.
| Characteristics | Values |
|---|---|
| Constitutional restriction on presidential power | The president is limited to two four-year terms in office |
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What You'll Learn
Presidential term limits
The Twenty-Second Amendment to the United States Constitution restricts the President of the United States to a maximum of two four-year terms. This amendment was ratified on February 27, 1951, and it states that "no person shall be elected to the office of President more than twice".
The idea of presidential term limits dates back to the first debates surrounding the Constitution's ratification. Initially, there were no term limits for the President, and the Framers had differing views on how long an individual should hold the office. Alexander Hamilton and James Madison, for instance, envisioned a president who would be nominated by Congress and serve for life. However, others were concerned that this would lead to an "elective monarchy".
For over 150 years, presidents voluntarily adhered to a two-term limit. This unofficial tradition was established by George Washington, the first President of the United States, who stepped down after two terms. However, in the 20th century, Franklin D. Roosevelt was elected president four times, serving from 1932 until his death in 1945. Roosevelt's lengthy tenure, which included the use of executive powers during the Great Depression and World War II, raised concerns about the potential for executive overreach.
As a result, Congress proposed the 22nd Amendment, which was ratified in 1951. This amendment not only restricts presidents to two terms but also addresses eligibility for succession in the case of unfinished presidential terms. It is worth noting that this amendment did not apply to the incumbent president, Harry S. Truman, at the time of its ratification.
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Pardoning powers
The U.S. Constitution grants the President the authority to pardon individuals convicted of federal offences. This power, known as "clemency", is derived from Article II, Section 2 of the Constitution, which states that the President has the power to "grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." The Supreme Court has interpreted this power as "plenary", meaning it is broad and generally not subject to congressional modification.
While the President's pardon power is extensive, it does have some constraints. Firstly, a crime must have been committed for a pardon to be issued. Secondly, the power is limited to federal crimes, and the President cannot pardon state or civil wrongs. Thirdly, the President may not pardon in cases of impeachment.
The President's pardon power has been the subject of debate and controversy throughout history. Some argue that it is a tool for justice and mercy, while others criticise its abuse. There is also disagreement over whether a President can self-pardon. While there is no explicit constitutional restriction on self-pardon, legal precedent and constitutional principles suggest it may violate the separation of powers and the due process principle.
The pardon power has been used by many Presidents throughout history, including George Washington, Thomas Jefferson, Abraham Lincoln, and Andrew Johnson, whose pardon of Jefferson Davis, the former President of the Confederacy, was particularly controversial.
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Commander-in-chief vs. chief of state
The role of Commander-in-Chief is a constitutional power granted to the President of the United States. This power places the President at the top of the chain of command of the US military, including the Army, Navy, and state militias, when called into actual service. The Commander-in-Chief is responsible for determining defence measures and directing military action. This includes the power to deploy forces, attack pirates, and rescue US citizens abroad.
The President's authority as Commander-in-Chief is not without restrictions. While the President has the power to repel sudden attacks and act in emergencies, the initiation of war is a contentious issue. Some argue that this power is vested exclusively in Congress, while others contend that the Commander-in-Chief Clause confers expansive powers on the President. The Supreme Court has weighed in on this debate, asserting in Youngstown that the President's powers under the Commander-in-Chief Clause are not unlimited and do not grant authority to seize steel mills during wartime.
The President's power as Commander-in-Chief is further influenced by Congress, which can impact the President's capacity to wage war through various mechanisms. Congress can also direct the President's command by requiring or prohibiting certain military actions, although the extent of Congress's authority in this area is debated.
The role of Chief of State, on the other hand, refers to the President's function as the head of state and representative of the country. The Chief of State is responsible for representing the nation in the international arena and carrying out ceremonial and diplomatic duties. While the President's Commander-in-Chief powers are explicitly outlined in the Constitution, the Chief of State's responsibilities are more implicit and shaped by tradition and precedent.
In summary, the Commander-in-Chief wields substantial power over the US military but is subject to checks and balances from Congress and the Supreme Court. The Chief of State, meanwhile, focuses on the diplomatic and ceremonial aspects of the presidency, representing the nation on the world stage.
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Executive orders
In the United States, an executive order is a directive by the president that manages the operations of the federal government. The US Constitution does not explicitly permit the use of executive orders. However, it does state that "The executive Power shall be vested in a President of the United States of America." The US Supreme Court has ruled that all executive orders must be supported by the Constitution, whether from a clause granting specific power or by Congress delegating authority to the executive branch. Specifically, such orders must be rooted in Article II of the Constitution or enacted by Congress in statutes.
The delegation of discretionary power to make such orders must be supported by either an expressed or implied congressional law or the Constitution itself. Executive orders are subject to judicial review and may be overturned if they lack support by statute or the Constitution. While executive orders have significant influence over the internal affairs of the government, they cannot be used to sidestep the checks and balances in the Constitution or to take over powers from other branches, such as the power vested in Congress to pass new statutes.
The extent to which the president may exercise military power independently of Congress and the scope of the War Powers Resolution remain unresolved constitutional issues. However, presidents since the passage of the resolution have complied with its terms while maintaining that they are not constitutionally required to do so.
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Impeachment process
The impeachment process is a fundamental component of the system of checks and balances. The process of impeachment involves bringing charges against a government official for wrongdoing. The Constitution grants Congress the power to impeach federal officials, and all federal civil officers are subject to removal by impeachment. The House of Representatives has the sole power of impeachment and has initiated impeachment proceedings more than 60 times. The Senate has the sole power to try impeachments and has convicted and removed eight officials from office, all of whom were federal judges.
The President, Vice President, and all civil officers of the United States can be impeached and removed from office for treason, bribery, or other high crimes and misdemeanors. The definition of "high crimes and misdemeanors" has long been debated and left undefined in the Constitution. However, impeachment does not preclude criminal liability, and impeached officials may still face indictment, trial, judgment, and punishment according to the law.
The impeachment process begins with the House of Representatives bringing articles of impeachment (charges) against an official. If the House approves the articles by a simple majority vote, the official has been impeached. The Senate then holds an impeachment trial, sitting as a High Court of Impeachment to consider evidence, hear witnesses, and vote on conviction. A two-thirds majority is required to convict, and if found guilty, the official is removed from office and may be disqualified from holding future office.
In the case of presidential impeachment, the Chief Justice of the United States presides over the trial. It is important to note that the President's pardon power does not extend to cases of impeachment. Additionally, Members of Congress are not considered civil officers subject to impeachment and removal.
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Frequently asked questions
The Constitution limits presidents to two four-year terms in office.
The president can be impeached if two-thirds of the Senate vote in favour.
The president can use executive orders to enact policies that Congress refuses to pass as laws.
The government can only spend money on powers specifically granted to it by the Constitution.
The Supreme Court interprets the Constitution, but it cannot change it.
