Presidential Powers American Government

Powers The president has the responsibilities: Executive Privilege Appoint heads of executive departments, ambassadors, and members of the Federal Judiciary (appointment power) The power to remove executive department heads and ambassadors (removal power) Ambassadors who are recalled are referred to as persona non grata. This represents the fact that they have done a bad job and are being called back rather than welcomed back Dictate foreign policy and create treaties (Chief Diplomat) The power to recognize other countries (recognition power) The power to make binding international agreements with foreign leaders without congressional approval (executive agreement) Meet with foreign heads of state Executive Privilege Executive privilege is the right of the president and other high-ranking executive officers to refuse to provide information to Congress or a court State of the Union Address In January of each year, the president is required to deliver an annual report regarding the current state of the nation to Congress.

Expansion of Power Since George Washington served as president, the powers of the presidency have greatly expanded In 1803 Thomas Jefferson completed the Louisiana purchase Though he felt that the constitution did not grant him the right to purchase land for the country, he cited the ability of the president to use inherent powers as a justification for the purchase

Expansion of Power Abraham Lincoln also greatly expanded federal power (to the dismay of many) He suspended habeas corpus, jailed opponents to the Union without trial, raised an army before gaining approval, and blockaded southern ports He cited that he had the responsibility to use his power as president to preserve the Union Remember habeas corpus is the judicial procedure that requires that you hear all charges against you prior to be placed in jail

Expansion of Power The National Security Council Franklin D. Roosevelt also greatly expanded federal power In order to combat the Great Depression, FDR expanded the role of the Federal Government in the economy The New Deal is a prime example FDR also expanded the power of the Federal Government with the creation of the Executive Office of the President (1939). The Executive Office includes: The National Security Council The Council of Economic Advisors The Office of Management and Budget The Office of National Drug Control Policy

Veto Power One of the main powers the president has in order to be able to check the power of the legislature is the power of the veto A veto provides the president with the ability to deny the passage of a bill into law A pocket veto can only take place in the last 10 days of a congressional session If the president does nothing with the bill during this time period, the bill expires and must start from the beginning of the law making process during the next congressional session

Veto Power The line item veto was a short lived power of the president The line item veto, signed into law in 1996, enabled the president to veto only certain lines or items of a bill In 1997, the Supreme Court ruled that this law was unconstitutional

Tools Clemency- This is the degree to which the president can forgive someone for their criminal behavior. Below are examples: Reprieves Reprieves grant a postponement of legal punishment Pardon Pardons are a release from legal punishment Amnesty Amnesty is a group pardon to people for an offense against the government Commutation This is the reduction of legal penalties, especially in terms of imprisonment This does not nullify the conviction and is often conditional

Tools Executive orders Presidents may also remove executive officials These are policies put in place by the president that have the force of law even though it has not been passed by Congress It is an implied power of the Constitution Executive orders can only be used to: Enhance laws passed by Congress Enforce the implementation of statutes and treaties To enforce provisions of the Constitution Presidents may also remove executive officials This is normally done if there is a dispute over policy The power to write an executive order is known as ordinance power

Unofficial Power Bully pulpit When the president uses the bully pulpit. they are taking advantage of their ability to use the office of the president to promote a particular program and/or to influence Congress to accept legislative proposals

Limits on Power Congressional override (legislative override) A veto by the president may be overturned with a 2/3 vote in both the House of Representatives and the Senate (known as a legislative veto) Other limitations on presidential power include: The ability to impeach a president Impeachment is the listing of accusations against a federal official of “high crimes and misdemeanors” for the purpose of removing that official from office for such misconduct The House of Representatives initiates an Impeachment through a simple majority and the Senate tries the case. Conviction requires a 2/3rds vote The Senate's confirmation power The Senate’s power of the purse

Limits on Power The War Powers Act is designed to be a limit to the presidents power as Commander in Chief The War Powers Act was passed by joint resolution and requires that the president notify Congress within in 48 hours of committing armed forces to military action It then forbids military action, without congressional approval, for more than 60 days If military action is rejected by Congress, it allows the president 30 days to withdraw all military services Even when this act has been violated, Congress has been unable to successfully punish the president for doing so The war powers act is widely regarded as unconstitutional