WHAT CAN HE/SHE DO?

Presidential Powers

General Job Description

President exists so that: “…laws be faithfully executed.”

Presidents, lawmakers, and the public has struggled with the idea of “executive power” What exactly can the POTUS do?

Power of presidency has grown since 1789 Size of government has grown (chief exec/admin) POTUS has grabbed powers in times of war and crisis Also used the media to garner public opinion and

support

Executive Powers

Can be summed up in parts of the oath of office: “…that I will faithfully execute the Office of President of

the United states and to the best of my ability, preserve, protect, and defend the constitution of the United States.”

Basically, he executes/enforces ALL federal laws Even ones he may not agree with He can decide how vigorously to enforce said laws

The power to give executive orders comes from the ordinance power Executive order: directive, rule, or regulation that has

the effect of law

Appointment Power

President gets to pick (with Senate confirmation): Ambassadors/diplomats Cabinet members/aids Heads of independent agencies (CIA, FBI, NASA, EPA) Federal judges/federal marshals/attorneys Officers in the armed forces

President can make an appointment when congress is in recess Expires at the end of the congressional term

Also given the removal power Can fire pretty much anyone he appoints

Diplomatic Powers

President usually plays a major role in negotiating treaties Assisted by secretary of state Senate must approve

Executive agreement: Pact between POTUS and another head of state Senate approval is not required

POTUS has power to recognize or not recognize nations

Also has power to recall diplomats or other officials

War Powers

POTUS is commander in chief of the military Few limits on what he can do in that role

Often fight conflicts without a declaration of war Congress has not declared war since WWII Vietnam and Korea were undeclared

Have been eight joint resolutions to aid in a crisis Iraq 1, Iraq 2, Afghanistan, Vietnam

War Powers Resolution of 1973: POTUS must notify Congress within 48 hours saying what he is

doing Has 60 days (plus 30 more) to end action unless congress

extends Congress may end combat at any time

Legislative Powers

POTUS may suggest legislationState of the Union AddressCalls for laws and actions he feels neededHas the power to veto billsFour options when faced with a bill:

Sign it Veto it Not act and it becomes law in 10 days Not act and Congress adjourns in less than ten days

(pocket veto)Veto may be overridden by a 2/3 majority

Judicial Powers

Power of reprieve: Postponement of a sentence

Power of pardon: Legal forgiveness of a crime Both may only be used in federal cases Gerald Ford pardoned Nixon

Power of commutation: Power to reduce a sentence or fine

Power of amnesty Blanket pardon to a group of people