The President Head of the Executive P is head of the Executive Branch The Executive Branch includes 15 departments e.g. the Department of Agriculture the Treasury and the Dept. of Justice which includes the FBI and the DEA and many agencies such as the Environmental Protection Agency P appoints the heads of departments and agencies, and directs their work. The first thing to say is that the president is the Head of the Executive Branch – his role is to execute laws The Executive Branch includes 15 departments with very different responsibilities e.g. the Department of Agriculture the Treasury (deals with finances) the Dept. of Justice which includes the FBI and the DEA and many agencies such as the Environmental Protection Agency These depts and agencies are responsible for the day-to-day enforcement and administration of federal laws. The executive branch is very large Including members of the armed forces, the Executive Branch employs more than 4 million Americans. P appoints the heads of departments and agencies, and directs their work. What are his other powers and responsibilities?

The President’s Powers: The Military Powers: P is the Commander-in-Chief of the Armed Forces Checks on this power: Congress has the power to declare war Powers: P is the Commander-in-Chief of the Armed Forces. He can authorize the use of troops overseas without declaring war. Checks on this power: To officially declare war, though, he must get the approval of Congress. The line between the two can be difficult to define –in recent years Obama has taken significant military action against ISIS which Congress has not officially authorised

The President’s Powers: Pardons Powers: P has the power to grant reprieves and pardons. Check on another branch? This limits the power of the judiciary. Powers: P has the power to grant reprieves and pardons for anyone convicted of a federal crime. To grant a reprieve: To suspend or postpone a punishment To grant a pardon: to annul or modify a punishment Check on another branch? This limits the power of the judiciary.

The President’s Powers: Foreign Affairs P is the Head of State P drafts and signs treaties. Checks on this power: two-thirds of the Senate must approve a treaty P is the Head of State This means that he has authority to communicate and make agreements with other nations, and to receive other Heads of State and ambassadors. In addition the president can make treaties with foreign nations (traité) In reality he often acts through the Secretary of State, a member of his Cabinet responsible for foreign policy. (Currently John Kerry, until 2013 was Hilary Clinton) Checks on this power: two-thirds of the Senate must approve a treaty A treaty is an agreement between two or more nations containing promises to behave in specified ways.

The President’s Powers: Nominations Powers: P appoints ambassadors, Supreme Court justices, federal judges and members of the administration. Check on another branch? This limits the power of the judiciary. Checks on this power: two-thirds of the Senate must approve appointments. Powers: P appoints ambassadors, Supreme Court justices, federal judges and members of the administration (inc. heads of executive departments) recess appointment powers – make temporary appointments when Congress is not in session Jane Hartley Give their “advice and consent”

The President’s Powers: Legislation P’s “State of the Union” Address (made to Congress) outlines his legislative agenda and his priorities for the coming session. P can propose bills P must sign or veto bills P can convene a special session of Congress When signs – becomes an act Last time 1948

The President’s Powers: Legislation Checks on these powers: Congress is not obliged to accept P’s legislative priorities. P needs a Congressman to actually submit a bill. Congress can override a veto with a two-thirds majority At a special session, Congress can chose which bills to discuss and how to vote.

The President’s Implied Powers: P’s powers are not limited to those enumerated in the Constitution. Presidential authority has expanded through inherent / implied powers (=powers that can be inferred from the Constitution). e.g. the power to issue executive orders the use of signing statements executive privilege Executive orders – direct orders to executive branch which instruct them how to enforce federal law / the constitution or which modify how federal agencies operate Signing statements – comments added to a law which attempt to clarify or even limit its application Executive privilege – right not to disclose information to the other branches, if disclosure would affect the executive’s branch operations

The President’s Implied Powers: Examples 2012: Obama used an Executive Order to implement DACA, which gives young undocumented immigrants protection from deportation, and a work permit (for 2 years, renewable) 2014: Obama used an Executive Order to raise the minimum wage for federal contractors 2016: Obama directed the Bureau of Alcohol, Tobacco, Firearms and Explosives to target unlicensed gun dealers and track illegal online firearms trafficking. , Bureau of Alcohol, Tobacco, Firearms and Explosives = a federal agency like DEA And supplied a budget for this The HOR has been republican since 2011, Obama accused of using EO to bypass Congress

Other limits on the President Congress can impeach the President The U.S. Supreme Court can declare acts/decisions of the President, and laws he has signed, to be unconstitutional. To declate something to be unconstitutional