1. Powers of the Presidency

2. Executive Powers

3. Executing the Law – EXPRESSED POWER
Must carry out the provisions of ALL federal law no matter personal opinion
The power to do so comes partly from the Constitution & party from the OATH OF OFFICE
Solemn promise that each President takes at his inauguration to “preserve, protect, and defend the Constitution”
The Executive Power gives him many chances to decide how laws are carried out – many laws that Congress writes are written in broad terms

4. Ordinance Power- IMPLIED POWER
Power to issue Executive Orders
A directive, rule or regulation that has the effect of a law
Constitution does not expressly give the President this power, but he must be able to issue orders to implement his constitutional powers
Congress backs up this implied
power by regularly authorizing
the President to use it

5. Appointment Power- EXPRESSED POWER
President picks top officials for Executive Branch
Needs to have loyal subordinates
Heads of executive agencies
Diplomats & Ambassadors
Cabinet members
Federal judges
Military officers
Senate must approve these appointments with a majority vote
“Senatorial Courtesy”- for State officials, Senate will only approve those appointments accepted by the State’s senator from the President’s Party

6. The Removal Power- IMPLIED POWER
Only President has the power to fire executive officials
President may NOT remove federal judges
Generally- he can only remove people he has appointed

7. Diplomatic & Military Powers

8. Power to make Treaties
President is in charge of foreign affairs of U.S.
President can make a TREATY ( formal agreement with another nation)
BUT- Senate must approve by 2/3 vote
Treaties have same legal standing as Acts passed in Congress
President can also make an EXECUTIVE AGREEMENT (a pact with another nation’s leader)
does NOT need Senate’s approval

9. Power of Recognition President has power to
acknowledge- and by implication- support- the legal existence of another country & it’s gov’t
Nations typically recognize each other by exchanging diplomatic representatives
Nations can show DISAPPROVAL of another nation by calling back its ambassador & sending the other nation’s ambassador home
The official that is recalled is known as “persona non grata” or an unwelcome person

10. Power to make war Congress has the power to DECLARE war but the
President- as CiC- can MAKE war
>200 times a President has sent U.S. forces into combat WITHOUT a congressional declaration of war
After Vietnam Congress passed the WAR POWERS RESOLUTION OF 1973
designed to limit the President’s war making powers
Combat must be stopped after 60 days without the authorization of Congress

11. Legislative & Judicial Powers

12. Legislative Powers
President may tell Congress what laws the nation needs
President proposes some laws in the State of the Union address & in the annual budget plan & economic report

13. After Congress Passes a bill…
President has 10 days to act on it- Options…
Sign the bill & make it a law
Allow it to become a law w/o a signature
Veto it
Pocket veto (ignores ~law, adjourn ~no law)
Line-item Veto from
President had the power to veto certain parts- only on SPENDING & TAX BILLS- and approve most of the bill

14. Judicial Powers

15. Reprieve & Pardon
Constitution authorizes President to grant “reprieves & pardons for offenses against the United States, except in cases of impeachment”
Reprieve: postponement of
the execution of a sentence
Pardon: legal forgiveness
for a crime

16. Commutation & Amnesty
The Pardoning Power also includes the powers of commutation & amnesty
Commutation: power to reduce the length of a sentence or the amount of a fine imposed by a court
Amnesty: general pardon offered to a group of law violators
These powers of clemency- leniency or mercy- may only be used in cases involving federal offenses