The Presidency in Action

Section 2 The Executive Powers

Executing the Law The President takes an oath to execute (carry out) all of the laws of the nation – even ones they don’t agree with. Powers of execution covers a vast array of topics. President and executive officers interpret law in the process of executing and enforcing it. Many laws are written in broad or vague terms.

Ordinance Power President can issue Executive Orders Directives, rules, or regulations that have the effect of law. The number, scope, and complexity of the problems that face the government have increased over time. Congress has granted greater and greater discretion to the President throughout history.

Appointment Power President names only about 3,000 of the 2.7 million civilians who work for the federal government. Appointees Ambassadors and other diplomats Cabinet members and their top aids Heads of the various independent agencies All federal judges, federal marshals, and attorneys All officers in the armed services

Removal Power Controversial over whether President should be able to remove officers which require Senate approval. Congressional Oversight Faithful execution of the laws As a general rule – President may remove those whom the President appoints.

Executive Privilege Debate over whether Presidents must disclose information to Congress or the Courts. The Supreme Court has not made an official ruling or the practice of Executive Privilege. Need for President to get good advice from his staff. Congress has a duty to check the power of the executive. Supreme Court states information is not privileged if it is required testimony in a criminal case.