UNIT 2: How the executive branch functions (The president)

Powers of the president

Presidential Qualifications

Article II, Section 1 states:

• At least 35 years old

• Natural-born citizen (born in the U.S.)

• Resident of the U.S. for at least fourteen years

Role: Chief Executive

The President is the head of the executive branch and is responsible for enforcing federal laws, appointing federal officials, and overseeing federal agencies.

• Take care the laws be faithfully executed

• Require the opinion of the heads of executive departments

• Appoint and remove executive officials

• Fill vacancies that may happen during recess of Senate (recess appointments)

• Grant reprieves and pardons

• Appoint judges to the federal courts, including the Supreme Court.

Role: Chief Legislator

The President influences the lawmaking process by recommending legislation, vetoing bills, and giving the State of the Union address to outline policy goals.

• State of the Union Address

• Recommend measures to Congress

• Can convene Congress under “extraordinary occasions”

Role: Chief Diplomat

The President manages international relations, negotiates treaties (with Senate approval), and makes executive agreements with foreign leaders.

• Appoint ambassadors, ministers, and consuls

• Make treaties subject to Senate approval

• Receive ambassadors

Role: Commander in Chief

The President is the top military authority and can deploy troops or direct military operations, although only Congress can officially declare war.

• Commander in chief of the army and navy

• Commander in chief of the state militias (now National Guard)

• Commission all officers

Implied Power: Executive Orders

A rule or order issued by the president to an executive branch of the government and having the force of law.

• Derives from the “executive power” clause of Constitution and the requirement that the president will “faithfully execute”  the laws of the U.S.

Examples:

• Executive Order 9066 (FDR’s internment of Japanese-Americans)

• Executive Order “Withdrawing the U.S. from the World Health Organization” (Trump)

Implied Powers: Executive Agreements

Pact made by the president with a foreign government. These agreements are not ratified by Congress.

• Can change from president to president

• Derives from treaty power and large volume of U.S. interactions with other countries

Examples:

• Louisiana Purchase (1803) - Jefferson

• North American Free Trade Agreement (1992) - Clinton

• Paris Climate Accord (2015) - Obama

Implied Powers: Executive Privilege

States that the president and other members of Executive branch can withhold information from Congress and the public in the name of national security/the public interest.

• Derives from president’s assertion that the power is implied through the separation of powers among the branches.

Examples:

• Jefferson: claimed during Aaron Burr’s treason trial

• Nixon: claimed regarding the Watergate tapes

• Clinton: claimed regarding the Monica Lewinsky scandal

• Trump: claimed regarding stolen classified documents, January 6th investigation, alleged emoluments violations, etc.