Presidential Roles and Powers

Formal Powers of the President

Constitutional or expressed powers of the presidency

Found primarily in Article II of the Constitution (the Executive Article)

Head of State

Queen Elizabeth and President Reagan, 1983

President Kennedy speaks at Berlin Wall, 1963

The President is chief of state. This means he is the ceremonial head of the government of the United States, the symbol of all the people of the nation.

Chief Executive

President Bush holds cabinet meeting in October, 2005

President Clinton with Janet Reno, the first female Attorney General,

February, 1993

The Constitution vests the President with the executive power of the United States, making him or her the nation’s chief executive.

Formal Powers: Chief Executive

“Faithfully execute” the lawsGrant pardons for federal offenses except for

cases of impeachmentNominate judges of the Supreme Court and

all other officers of the U.S. with consent of the Senate

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

Commander-in-Chief

President Bush aboard U.S.S. Lincoln, May, 2003

President Johnson decorates a soldier in Vietnam, October, 1966

The Constitution makes the President the commander in chief, giving him or her complete control of the nation’s armed forces.

Formal Powers: Commander-in-Chief

Commander in Chief of the Army & NavyMaking undeclared war

Limited by War Powers Act 1973President must inform congress within 24

hours of troops being used for combat President can commit troops for more 90

days without consent of congress

Chief Legislator

President Clinton delivers the State of the Union Address, 1997

President Roosevelt signs into law the Social Security Act, 1935

The President is the chief legislator, the main architect of the nation’s public policies.

Formal Powers:Chief Legislator

Give State of the Union address to Congress

Recommend “measures” to the CongressUpon “extraordinary occasions” convene

both houses of Congress

Formal Powers:Chief Legislator (cont.)

Presidential Veto Veto Message within 10 days of passing the House of

originPocket Veto - President does not sign within 10 daysCongress can override with 2/3 majority from both

HousesVeto Politics

Congressional override is difficult (only 4%)Threat of veto can cause Congress to make changes in

legislation

Political Party Leader

President Reagan & Vice-President Bush accepting their party’s nomination in 1980

The President acts as the chief of party, the acknowledged leader of the political party that controls the executive branch.

Chief Administrator

Vice-President Johnson sworn in aboard Air Force One

after President Kennedy’s assassination, 1963

President Bush at Ground Zero after 9-11

The President is the chief administrator, or director, of the United States government.

Chief Diplomat

President Lincoln during the Civil War, 1862

President Roosevelt and the “Bully Pulpit,” 1910

As the nation’s chief diplomat, the President is the main architect of American foreign policy and chief spokesperson to the rest of the world.

Formal Powers:Foreign Affairs

Appoint ambassadors, ministers and consuls

Make treaties subject to Senate confirmation

Receive ambassadorsDiplomatic Recognition – acknowledging

the legal existence of a country/state

Chief CitizenThe President is expected to be “the representative of all the people.”

Informal PowersThose powers not explicitly written in the

Constitution Similar to “necessary and proper” powers of

CongressIn the modern era (since 1933), the President’s

informal powers may be significantly more powerful than his formal powers

Executive OrdersOrders issued by the

President that carry the force of law

Clinton’s “Don’t ask don’t tell” gays in the military policy

FDR’s internment of Japanese Americans

GWB trying suspected terrorists in military tribunals

Notice for Japanese “relocation,” 1942

Executive Agreements

International agreements, usually related to trade, made by a president that has the force of a treaty; does NOT need Senate approval

Jefferson’s purchase of Louisiana in 1803 • GWB announced cuts in

the nuclear arsenal, but not in a treaty; usually trade agreements between

US and other nations

Executive PrivilegeClaim by a president that he has the right to decide

that the national interest will be better served if certain information is withheld from the public, including the Courts and Congress

• United States v. Nixon (1973) – presidents do NOT have unqualified executive privilege (Nixon Watergate tapes)