Institutions of American Government Module 4.2: The Presidency Section 5: Constitutional Provisions for Presidential Power

Constitutional Powers Veto Power –Checks Congress in legislative process Article 1 section 7 –2 classes of veto for the President Standard Pocket Pardons and Reprieves –For offences committed against the United States Except in cases of impeachment –Article 2 section 2 Treaty power –By and with the Advice and Consent of the Senate 2/3 of the Senators present must concur to ratify treaties Article 2 section 2

Constitutional Powers Appointment power –Article 2 section 2 By and with the Advice and Consent of the Senate –Possibly a simple majority (50%+1) –Ambassadors –Public ministers and consuls –Judges of the Supreme Court –All other federal officers not provided for in the Constitution »And established by law –Congress may establish other appointment methods »Unilateral presidential appointment »Congressional appointment »Judicial appointment »Department head appointment –Vacancies during Senate Recess »Do not require Senate approval »Commissions expire at end of next Congressional session –Article 2 section 3 Commissions all officers of the United States –Assumes some federal officers are not created by acts of Congress

Other Constitutional Duties State of the Union –Article 2 section 3 –He shall from time to time give to the Congress information of the State of the Union –No specific provision how to give this information –Initiative Power Recommend for their (Congress’) consideration such measures as to him shall seem necessary and expedient Special sessions –Article 2 section 3 –He may convene both houses or either of them On extraordinary occasion Enforce law –Article 2 section 3 –He shall take care that the laws by faithfully executed

Functional Roles of the President Chief Executive –Enacts legislation by signing acts of Congress Article 1 section 7 –Takes care that the laws be faithfully executed Article 2 section 3 –Commissions all officers of the United States Article 2 section 3 Check on Congress (Sometimes called “Chief Legislator”) –Veto power Article 1 section 7 Standard veto Pocket veto –Initiative power Article 2 section 3

Functional Roles of the President Commander in Chief –Of the Army and Navy Article 2 section 2 –Of the Militia when called into federal service Article 2 section 2 –May order extraordinary military action Ostensibly limited by the War Powers Act Chief Diplomat –Treaty power Article 2 section 2 Requires Senate approval –Executive agreements not found in the Constitution Does not require Senate approval –Receives Ambassadors and other public ministers Article 2 section 3 Related to role as Chief of State

Functional Roles of the President Chief Administrator –Article 2 section 2 May require the opinion, in writing, of the principal officer in each of the executive departments –On any subject related to the Duties of their respective offices Chief of State –Receives Ambassadors and other public ministers Article 2 section 3 –Dedicates federal public works Implied in Article 2 section 3 –Decorates/delivers congressional and executive awards Implied in Article 2 section 3 –Acts as “super-representative” Represents the United States at formal gatherings and functions Considered ex officio (an inherent role)