1. Constitutional and Implied Powers of the Executive Branch
Presidential Powers
Constitutional and Implied Powers
of the Executive Branch

2. Presidential Oath of Office
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
- Constitution of the United States
Article II Section 8

3. Used by the president to fulfill the role of chief executive
Executive Powers
Used by the president to fulfill the role of chief executive

4. Ordinance Power Constitutional Authority Executive Orders
May issue “commands” or “orders”
Used to run the Executive Branch
“The executive Power shall be vested in a President of the United States of America”
Constitution of the United States, Article I Section 1
Executive Orders
Have the weight of law
Do not have to be approved by any other branch or person
Lacks checks/balances
Can be issued quickly
Not have to go through entire legislative process

5. Government Positions Can remove appointees Ambassadors Cabinet members
Appointing Power
Removal Power
Ambassadors
Cabinet members
Federal judges
Heads of agencies
Military officers
Can remove appointees
Does not need legislative approval
High ranking officials and executive officers
Applies only to people within the Executive branch
Or agencies/departments that are subordinate to the Executive branch

6. Military and Diplomatic Powers
Used to fulfill the roles of commander in chief
And
Chief diplomat

7. International Involvement
Treaties
Confers with Secretary of State
Needs 2/3 Senate approval
Not all are approved – Treaty of Versailles; Kyoto Protocol
Effect of Law
“Executive Agreement” – an agreement between the president and the leader of another nation (not necessarily in writing)
Making War
Unlimited power over military
Official declaration of war comes from Congress
President Truman signing the North Atlantic Treaty

8. International Involvement Con’t
War Powers Resolution
Report to Congress in 48 hrs
60 days + 30 days + Declaration of War or STOP
Congress can STOP anytime
The Bush Doctrine
Policy of the US to secure itself against countries that harbor or give aid to terrorist groups
“You’re either with us, or you’re with the terrorists”
Used to justify the invasion of Afghanistan
Preventative war
Spreading democracy

9. Used to fulfill the role of
Legislative Powers
Used to fulfill the role of
Chief legislator

10. The Lawmaking Process Recommending Laws Veto Power
May recommend legislation to a member of Congress
Member of Congress officially responsible for writing/submitting legislation
“Obamacare”
Veto Power
10 days to decide
Veto may be overridden by a 2/3 vote of both chambers of Congress
Most: FDR = 435
Most Overridden: Johnson 15

11. Judicial Powers
Used by the president as a way to limit the powers of the judicial branch

12. Checking the Judicial Branch
Reprieve
To delay the punishment/sentence of someone convicted
Commutation
To reduce penalties (sentences)
Amnesty
A pardon/forgiveness for an offense, especially a political offense
Ex: Washington granted amnesty to those involved in Whiskey Rebellion
Pardon
To forgive of a crime and cancel any penalty
EXCEPT in cases of impeachment
Ex: President Ford pardoned former President Nixon