WHAT CAN HE/SHE DO? Presidential Powers

General Job Description President exists so that:  “…laws be faithfully executed.” Presidents, lawmakers, and the public has struggled with the idea of “executive power”  What exactly can the POTUS do? Power of presidency has grown since 1789  Size of government has grown (chief exec/admin)  POTUS has grabbed powers in times of war and crisis  Also used the media to garner public opinion and support

Executive Powers Can be summed up in parts of the oath of office:  “…that I will faithfully execute the Office of President of the United states and to the best of my ability, preserve, protect, and defend the constitution of the United States.” Basically, he executes/enforces ALL federal laws  Even ones he may not agree with  He can decide how vigorously to enforce said laws The power to give executive orders comes from the ordinance power  Executive order: directive, rule, or regulation that has the effect of law

Appointment Power President gets to pick (with Senate confirmation):  Ambassadors/diplomats  Cabinet members/aids  Heads of independent agencies (CIA, FBI, NASA, EPA)  Federal judges/federal marshals/attorneys  Officers in the armed forces President can make an appointment when congress is in recess  Expires at the end of the congressional term Also given the removal power  Can fire pretty much anyone he appoints

Diplomatic Powers President usually plays a major role in negotiating treaties  Assisted by secretary of state  Senate must approve Executive agreement:  Pact between POTUS and another head of state  Senate approval is not required POTUS has power to recognize or not recognize nations Also has power to recall diplomats or other officials

War Powers POTUS is commander in chief of the military  Few limits on what he can do in that role Often fight conflicts without a declaration of war  Congress has not declared war since WWII  Vietnam and Korea were undeclared Have been eight joint resolutions to aid in a crisis  Iraq 1, Iraq 2, Afghanistan, Vietnam War Powers Resolution of 1973:  POTUS must notify Congress within 48 hours saying what he is doing  Has 60 days (plus 30 more) to end action unless congress extends  Congress may end combat at any time

Legislative Powers POTUS may suggest legislation State of the Union Address Calls for laws and actions he feels needed Has the power to veto bills Four options when faced with a bill:  Sign it  Veto it  Not act and it becomes law in 10 days  Not act and Congress adjourns in less than ten days (pocket veto) Veto may be overridden by a 2/3 majority

Judicial Powers Power of reprieve:  Postponement of a sentence Power of pardon:  Legal forgiveness of a crime  Both may only be used in federal cases  Gerald Ford pardoned Nixon Power of commutation:  Power to reduce a sentence or fine Power of amnesty  Blanket pardon to a group of people