POWERS OF THE PRESIDENT

DOMESTIC POWER

• The president has the power to enforce—but not make—the law. Accordingly, the president has significant power over administrative agencies that enforce the law. The president can issue executive orders telling these agencies what to do, and the president can set enforcement and rulemaking priorities.

• However, this power is subject to control by congressional statute, which means that the president cannot tell agencies to enforce a law in a way that exceeds the statutory mandate.

Pardon Power

The president’s power to grant pardons at any time after the commission of an offense applies only to federal offenses—not state crimes or cases of impeachment

Veto Power

Once a bill is passed by both houses of Congress, it must be presented to the president. The president has 10 days to act on the proposed legislation:

• Sign – the bill becomes law.

• Veto – the bill is sent back (with objections) to the house in which it originated. Congress can override the veto by a two-thirds vote in each house.

• Do nothing – if Congress is in session, the bill becomes law without the president’s signature. If Congress is adjourned, the bill does not become law (this is known as a “pocket veto”)

Appointment and Removal of Officials - Appointment

The president appoints all “officers of the United States” (e.g., U.S. Supreme Court justices, cabinet secretaries) with the advice and consent of the Senate.

Appointment and Removal of Officials - Removal

Removal – The president may generally remove any executive appointee without cause and without Senate approval

Authority as Chief Executive

The president’s authority varies with the degree of congressional authorization of the action:

Degree of congressional authorization:

• Authorized presidential action → Likely valid

• Remained silent → Middle zone

• Opposed presidential action → likely valid

Commander-In-Chief

Only Congress can declare war. The president can take military action without a declaration of war in the case of actual hostilities against the United States, but Congress may limit these activities through its military appropriation (i.e., funding) power.

Treaties

The president has the exclusive power to negotiate treaties, which must then be ratified by a two-thirds vote of senators present. A treaty cannot conflict with the Constitution; if it does, the Constitution trumps the treaty.

Executive Agreements

The president has the power to enter into executive agreements with foreign nations. No Senate approval is required. Note that conflicting federal statutes and treaties take precedence over executive agreements, but executive agreements take precedence over conflicting state laws.