Presidential Roles and Powers

Formal Powers of the President Constitutional or expressed powers of the presidency Constitutional or expressed powers of the presidency Found primarily in Article II of the Constitution (the Executive Article) Found primarily in Article II of the Constitution (the Executive Article)

Head of State Queen Elizabeth and President Reagan, 1983 President Kennedy speaks at Berlin Wall, 1963 The President is chief of state. This means he is the ceremonial head of the government of the United States, the symbol of all the people of the nation.

Chief Executive President Bush holds cabinet meeting in October, 2005 President Clinton with Janet Reno, the first female Attorney General, February, 1993 The Constitution vests the President with the executive power of the United States, making him or her the nation’s chief executive.

Formal Powers: Chief Executive “Faithfully execute” the laws “Faithfully execute” the laws Grant pardons for federal offenses except for cases of impeachment Grant pardons for federal offenses except for cases of impeachment Nominate judges of the Supreme Court and all other officers of the U.S. with consent of the Senate Nominate judges of the Supreme Court and all other officers of the U.S. with consent of the Senate Fill vacancies that may happen during recess of the Senate (recess appointments) Fill vacancies that may happen during recess of the Senate (recess appointments)

Commander-in-Chief President Bush aboard U.S.S. Lincoln, May, 2003 President Johnson decorates a soldier in Vietnam, October, 1966 The Constitution makes the President the commander in chief, giving him or her complete control of the nation’s armed forces.

Formal Powers: Commander-in-Chief Commander in Chief of the Army & Navy Commander in Chief of the Army & Navy Making undeclared war Making undeclared war Limited by War Powers Act 1973 Limited by War Powers Act 1973 President must inform congress within 24 hours of troops being used for combat President must inform congress within 24 hours of troops being used for combat President can commit troops for more 90 days without consent of congress President can commit troops for more 90 days without consent of congress

Chief Legislator President Clinton delivers the State of the Union Address, 1997 President Roosevelt signs into law the Social Security Act, 1935 The President is the chief legislator, the main architect of the nation’s public policies.

Formal Powers: Chief Legislator Give State of the Union address to Congress Give State of the Union address to Congress Recommend “ measures ” to the Congress Recommend “ measures ” to the Congress Upon “ extraordinary occasions ” convene both houses of Congress Upon “ extraordinary occasions ” convene both houses of Congress

Formal Powers: Chief Legislator (cont.) Presidential Veto Presidential Veto Veto Message within 10 days of passing the House of origin Veto Message within 10 days of passing the House of origin Pocket Veto - President does not sign within 10 days Pocket Veto - President does not sign within 10 days Congress can override with 2/3 majority from both Houses Congress can override with 2/3 majority from both Houses Veto Politics Veto Politics Congressional override is difficult (only 4%) Congressional override is difficult (only 4%) Threat of veto can cause Congress to make changes in legislation Threat of veto can cause Congress to make changes in legislation

Political Party Leader President Reagan & Vice-President Bush accepting their party’s nomination in 1980 The President acts as the chief of party, the acknowledged leader of the political party that controls the executive branch.

Chief Administrator Vice-President Johnson sworn in aboard Air Force One after President Kennedy’s assassination, 1963 President Bush at Ground Zero after 9-11 The President is the chief administrator, or director, of the United States government.

Chief Diplomat President Lincoln during the Civil War, 1862 President Roosevelt and the “Bully Pulpit,” 1910 As the nation’s chief diplomat, the President is the main architect of American foreign policy and chief spokesperson to the rest of the world.

Formal Powers: Foreign Affairs Appoint ambassadors, ministers and consuls Appoint ambassadors, ministers and consuls Make treaties subject to Senate confirmation Make treaties subject to Senate confirmation Receive ambassadors Receive ambassadors Diplomatic Recognition – acknowledging the legal existence of a country/state Diplomatic Recognition – acknowledging the legal existence of a country/state

Chief Citizen The President is expected to be “the representative of all the people.”

Informal Powers Those powers not explicitly written in the Constitution Similar to “necessary and proper” powers of Congress In the modern era (since 1933), the President’s informal powers may be significantly more powerful than his formal powers

Executive Orders Orders issued by the President that carry the force of law Clinton’s “Don’t ask don’t tell” gays in the military policy FDR’s internment of Japanese Americans GWB trying suspected terrorists in military tribunals Notice for Japanese “relocation,” 1942

Executive Agreements International agreements, usually related to trade, made by a president that has the force of a treaty; does NOT need Senate approval Jefferson’s purchase of Louisiana in 1803 GWB announced cuts in the nuclear arsenal, but not in a treaty; usually trade agreements between US and other nations

Executive Privilege Claim by a president that he has the right to decide that the national interest will be better served if certain information is withheld from the public, including the Courts and Congress United States v. Nixon (1973) – presidents do NOT have unqualified executive privilege (Nixon Watergate tapes)