Powers of the President CH 13

EXECUTIVE POWERS  The President is responsible for carrying out the nation’s laws

Ordinance Power  The President can issue an… Executive order- a directive, rule or regulation that has the effect of law.  This power is implied by the constitution and is necessary for the executive branch to function.

Appointing Power  The President may appoint officials…  To top exec. branch positions  But, the appointment of most important officials requires Senate approval (Ex: ambassadors, judges, cabinet members)

Removal Power  The President appointed them, can he remove them?  Most of the time Congress upholds the President’s decisions on these matters  The Supreme Court ruled (in Humphrey’s Executor v. US) that the President can only remove Congressionally approved appointees for inefficiency, neglect, or misconduct.

DIPLOMATIC POWERS  The Presidents powers in dealing with other countries

Treaties  Treaty- a formal agreement between two or more sovereign states  President, usually acting through the secretary of state, has the power to make treaties, but they must be approved by the Senate to become law.

Executive Agreements  Executive Agreements- pacts between the President and leaders of foreign countries. (Do not require Senate approval)  Most international agreements today are executive agreements rather than treaties.

Recognition  The President has the power to legally recognize the existence of a country & its government

MILITARY POWERS  The President is commander in chief of the US military

Shared Power  The President shares his war powers with Congress.  Only Congress can declare war, but Presidents have often used the military without a formal declaration of war. Ex: Korea or Vietnam

Wartime Powers  In wartime the President’s powers as commander in chief have often been expanded to include nonmilitary matters.

Times of Domestic Turmoil  In times of domestic turmoil the President may use armed forces, including State militias, to keep the peace.  Ex: Little Rock High School

LEGISLATIVE POWERS  The President’s powers in relation to Congress and the passage of laws.

The President…  Gives the State of the Union address  Suggests the annual budget  Recommends specific legislation to Congress

The President may…  Veto a bill but may not Line item veto a bill  Call a special session of Congress  Adjourn Congress if the two houses cannot agree on a date for adjournment

JUDICIAL POWERS  In cases involving federal courts the President may grant…

Reprieve  reprieve- the postponement of the execution of a sentence

Pardon  pardon- legal forgiveness for a crime

Commutation  commutation- a reduction in the sentences or fines imposed by a court

Amnesty  amnesty- a general pardon for a group.