What are 3 power the president has?

In order to continue enjoying our site, we ask that you confirm your identity as a human. Thank you very much for your cooperation.

Inhaltsverzeichnis Show

Emergency Powers
Executive Orders
Executive Privilege
Abuse of Power and Impeachment
Presidential Leadership
Nominations
Executive Orders
The Extent of the President's Powers

There are three categories of presidential power:

Constitutional powers: powers explicitly granted by the Constitution
Delegated powers: powers granted by Congress to help the president fulfill his duties
Inherent powers: powers inherent in the president’s power as chief of the executive branch

Constitutional and delegated powers make up the expressed powers because these powers are clearly outlined in the Constitution. Presidents have interpreted inherent powers differently, sometimes in ways that grant the president great power.

Emergency Powers

The most common inherent powers are emergency powers, exercised only in times of great need. Some emergency powers are limited in scope. The president can declare a place devastated by a storm a federal disaster area, making it eligible for federal aid. Other emergency powers are much vaster in scope. During the Civil War, for example, President Abraham Lincoln spent money without congressional approval, and he also suspended a number of civil liberties, including the writ of habeas corpus.

Executive Orders

Another type of inherent power is the executive order, which is a rule or regulation issued by the president that has the force of law. The president can issue executive orders for three reasons:

To enforce statutes
To enforce the Constitution or treaties
To establish or modify how executive agencies operate

All executive orders must be published in the Federal Register, the daily publication of federal rules and regulations.

Executive Privilege

Executive privilege is the right of officials of the executive branch to refuse to disclose some information to other branches of government or to the public. It includes refusing to appear before congressional committees. Executive privilege is an inherent power that is not clearly defined, and the courts have had to set limitations on the use of the privilege. In 1974, for example, the Supreme Court ruled that executive privilege could not be invoked to prevent evidence from being used in criminal proceedings against the president.

Abuse of Power and Impeachment

If the president abuses power, the House of Representatives can impeach him, or formally charge him of committing crimes severe enough to call for removal from office. The Senate then tries the impeached president to determine whether he is innocent or guilty of the charges. If convicted, the president is removed from office. Two presidents have been impeached— Andrew Johnson in 1867 and Bill Clinton in 1998—but no president has been convicted by the Senate and removed from office. Richard Nixon would probably have been convicted for his involvement in the Watergate scandal, which is why he resigned in 1974 before the House began impeachment proceedings.

Presidential Leadership

To be successful, a president must be a strong leader, someone who successfully engages in statecraft, the combination of power and wisdom in service of the public good. Scholars have long studied the art of statecraft and have debated what it takes for a president to be successful. Stagecraft always includes the following traits:

Political skill: the ability to persuade, cajole, or coerce people
Prudence: the ability to apply general principles to specific situations in a successful manner
Opportunity: the ability to behave in decisive and meaningful ways

Did you know you can highlight text to take a note? x

Under Article II of the United States Constitution. The President:

Has the power to approve or veto bills and resolutions passed by Congress
Through the Treasury Department, has the power to write checks pursuant to appropriation laws.
Pursuant to the Oath of Office, will preserve, protect, and defend the Consitution of the United States.
Serves as Commander-in-Chief of the United States military, and militia when called to service.
Is authorized to require principle officers of executive departments to provide written opinions upon the duties of their offices
Has the power to grant reprieves and pardons for offenses against the United States, except in the cases of inpeachment.
Has the power to make treaties, with the advise and consent of Congress.
Has the power to nominate ambassadors and other officials with the advise and consent of Congress.
Has the power to fill vacancies that happen when the Senate is in recess that will expire at the end of the Senate's next session.
Shall periodically advise Congress on the state of the union and give Congress recommendations that are thought necessary and expedient.
Has the power to convene one or both houses of Congress during extraordinary occasions, and when Congress cannot agree to adjourn has the power to adjourn them when he thinks the time is proper.
Has the duty to receive ambassadors and other public ministers.
Has the duty to see that the laws are faithfully executed.
Has the power to commission the officers of the United States.

The President has a number of powers to suit the number of roles that the President must fulfil. Typically the President has five main roles which they must carry out in the Federal Government

Head of State (Presidents are the figurehead of the nation)
Chief Diplomat (Presidents are the top level for diplomacy between countries)
Chief Legislator (Presidents will seek to implement their agenda seeking endorsement via election)
Commander in Chief (Presidents are the leader of all armed forces)
Chief Executive (Presidents must lead the Federal Bureaucracy)

As a result of the number of roles the President has, there is equally a lot of power vested in one person. However, the powers of the President are not static, and change depending on circumstances. This is known as the Ebb and Flow of power between the President and Congress. Typically in a crisis, power will flow towards the President, but in peace time, Congress will reassert itself over the executive branch.

There are a number of notable powers that you should know and they are outlined below:

Propose Legislation
- Obama with the Affordable Care Act, Bush with No Child Left Behind. Remember that they cannot introduce legislation into Congress
Submit the Annual Budget
Sign Legislation into law
Veto Legislation
- Obama on Defence spending
Act as Chief Executive to the Federal Bureaucracy
Nomination Chief
- Presidents must nominate people to fulfil a huge array of roles within the Federal Government
Commander in Chief
- The President is head of all the armed forces
Negotiate Treaties
- The President will lead negotiations on treaties before presenting them to the Senate.
Power of Pardon
- The President can pardon people convicted or accused of crimes such as Gerald Ford, who pardoned Richard Nixon.

In its first three articles, the U.S. Constitution outlines the branches of the U.S. Government, the powers that they contain and the limitations to which they must adhere. Article II outlines the duties of the Executive Branch.

The President of the United States is elected to a four-year term by electors from every state and the District of Columbia. The electors make up the Electoral College, which is comprised of 538 electors, equal to the number of Representatives and Senators that currently make up Congress. The citizens of each state vote for slates of electors who then vote for the President on the prescribed day, selected by Congress.

To become President, a person must be a natural born citizen of the United States. Naturalized citizens are ineligible, as are persons under the age of 35. In the case that the President should be unable to perform his duties, the Vice-President becomes the President. Amendment XXII placed a two-term limit on the presidential office.

War Powers

Congress holds the power to declare war. As a result, the President cannot declare war without their approval. However, as the Commander in Chief of the armed forces, Presidents have sent troops to battle without an official war declaration (which happened in Vietnam and Korea). The 1973 War Powers Act attempted to define when and how the President could send troops to battle by adding strict time frames for reporting to Congress after sending troops to war, in addition to other measures, however it has not had much effect (see "War Powers Resolution" section in the Commander in Chief Powers article).

Nominations

The President is responsible for nominating candidates for the head positions of government offices. The President will typically nominate cabinet officials and secretaries at the beginning of his or her presidency and will fill vacancies as necessary. In addition, the President is responsible for nominating Federal Circuit Court judges and Supreme Court justices and choosing the chief justice. These nominations must be confirmed by the Senate. While the President usually has broad appointment powers, subject to Senate approval, there are some limitations. In National Labor Relations Board v. SW General Inc. (2017), the Supreme Court found that the "Federal Vacancies Reform Act of 1998 [FVRA], which prevents a person who has been nominated to fill a vacant office requiring presidential appointment and Senate confirmation from performing the duties of that office in an acting capacity, applies to anyone performing acting service under the FVRA."

Further, the President is constitutionally allowed to make recess appointments when Senate is not in session (which means that such appointments are not subject to Senate approval until the end of the session). However, In National Labor Relations Board v. Noel Canning, the Supreme Court found that "for purposes of the clause, the Senate is in session whenever it indicates that it is, as long as – under its own rules – it retains the capacity to transact Senate business." As such, the Senate can claim to always be in session, therefore preventing the President from making any recess appointments.

Executive Orders

In times of emergency, the President can override Congress and issue executive orders with almost limitless power. Abraham Lincoln used an executive order in order to fight the Civil War, Woodrow Wilson issued numerous ones related to US involvement in World War I, and Franklin Roosevelt approved Japanese internment camps during World War II with an executive order.

Pardons

The U.S. Constitution gives the President almost limitless power to grant pardons to those convicted of federal crimes. While the President cannot pardon someone impeached by Congress, he or she can pardon anyone else without any Congressional involvement.

The Extent of the President's Powers

Article II of the Constitution contains the vesting clause, which states: "The executive Power shall be vested in a President of the United States of America." This has historically been interpreted to mean that the President is the head of the Executive Branch, but that he is still subject to limits within that Branch (i.e. if the President fires members of the Executive Branch, Congress would have oversight and would be able to investigate the firings.) Some scholars, however, have interpreted the Vesting Clause under a much stronger lens, finding that the President has full power over the entire Executive Branch. Under this theory, commonly referred to as the Unitary Executive Theory, any decision that the President makes regarding the Executive Branch would not be subject to any sort of review or oversight (i.e. Congress would not be able to investigate the President's firings of any members of the Executive Branch). While the Supreme Court has not directly embraced or rejected this theory, Justice Alito has made comments which have caused some to think that he endorses the theory: "The president has not just some executive powers, but the executive power — the whole thing."