Expressed PowersThe expressed powers of the President are those expressed in the Constitution of the United States. Show
Learning Objectives Discuss the expressed powers of the President in the Constitution of the United States Key TakeawaysKey Points
Key Terms
The expressed powers of the President are those expressed in the Constitution of the United States. President and Vice President Article Two of the United States Constitution creates the executive branch of the government, consisting of the president, the vice president, and other executive
officers chosen by the president. Clause 1 states that "the executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows. " Clause one is a "vesting clause," similar to other clauses in Articles 1 and 3, but it vests the power to execute the instructions of Congress, which has the exclusive power to make laws. Presidential Powers Perhaps the most important of all presidential powers is
commander-in-chief of the United States Armed Forces. While the power to declare war is constitutionally vested in Congress, the president commands and directs the military and is responsible for planning military strategy. Congress, pursuant to the War Powers Resolution, must authorize any troop deployments longer than 60 days, although that process relies on triggering mechanisms that never have been employed, rendering it ineffectual. Additionally, Congress provides a check on presidential
military power through its control over military spending and regulation. While historically presidents initiated the process for going to war, critics have charged that there have been several conflicts in which presidents did not get official declarations, including Theodore Roosevelt's military move into Panama in 1903, the Korean War, the Vietnam War, and the invasions of Grenada in 1983 and Panama in 1990. The "wars" waged in Iran (2001) and Afghanistan since (2003) are officially called
"military engagements" authorized by Congress. Officially, the U.S. was not at war with the governments of those nations, but fought non-government terrorist groups. President Barack Obama meets Prime Minister Stephen Harper: Barack Obama, President of the United States of America, with Stephen Harper, Prime Minister of Canada. U.S. Foreign Policy Structure: The task of making foreign policy in the United States, according to the United States Constitution, is divided among different branches of government, with the executive branch having much of the decision-making authority, while the Senate ratifies treaties (2/3 vote needed to pass) and the Supreme Court rules on how to interpret treaties. Congress has a role in controlling appropriations for military expenditures. The president is the head of the executive branch of the federal government and is constitutionally obligated to "take care that the laws be faithfully executed. " Generally, a
president may remove purely executive officials at his discretion. However, Congress can curtail and constrain a president's authority to fire commissioners of independent regulatory agencies and certain inferior executive officers by statute. To manage the growing federal bureaucracy, presidents have gradually surrounded themselves with many layers of staff who were eventually organized into the Executive Office of the President of the United States. Delegated PowersThe delegated powers are a list of items found in the U.S. Constitution that set forth the authoritative capacity of Congress. Learning Objectives Compare and contrast the "strict constructionists" and "loose constructionists" schools of thought of the Constitution Key TakeawaysKey Points
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IntroductionAlmost all presidential powers rely on what Congress does or does not do. Presidential executive orders implement the law, but Congress can overrule such orders by changing the law. And many presidential powers are delegated powers that Congress has accorded presidents to exercise on its behalf and that it can cut back or rescind. Delegated Powers The delegated powers, also called enumerated powers, are a list of items found in Article I, Section 8 of the U.S. Constitution that set forth the authoritative capacity of Congress. In summary, Congress may exercise the powers that the Constitution grants it, subject to explicit restrictions in the Bill of Rights and
other protections in the Constitution. The Tenth Amendment states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. " Historically, Congress and the Supreme Court of the United States have broadly interpreted these provisions. Political InterpretationJohn Marshall: John Marshall's writing about enumerated powers in McCullogh v. Maryland established constitutional proof for strict constructionists. There is a difference of
opinion in the political arena on whether current interpretation of enumerated powers, as exercised by Congress, is constitutionally sound. One school of thought is called "strict constructionism." Strict constructionists often reference a statement on the enumerated powers set forth by Chief Justice Marshall in the case McCulloch v. Maryland. Strict constructionism refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation. The
phrase is also commonly used more loosely as a generic term for conservatism among the judiciary. Inherent PowersInherent powers are assumed powers of the president not specifically listed in the Constitution. Learning Objectives Discuss the source of
the inherent powers of the President Key TakeawaysKey Points
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Inherent Powers Inherent powers are those powers that a sovereign state holds. In the United States, the President derives these powers from the loosely worded statements in the Constitution that "the executive Power shall be vested in a President" and that the President should "take care that the laws be faithfully executed"; defined through practice rather than through constitutional or statutory
law. In other words, Inherent powers are assumed powers of the president not specifically listed in the Constitution. Inherent powers come from the president's role as chief executive. Louisiana Purchase: The Louisiana Purchase of 1803 increased the geographical size of the United States significantly. The question of presidential power is complicated by a key omission in certain Constitutional sentences' language. As opposed to Article 1, which states that Congress is vested
with the legislative powers "herein granted," Article 2 does not use that language. It says all executive power is vested in the president. Supporters of the unitary executive theory argue that this means that the president's power, particularly the inherent power that come with being commander in chief, are open ended and cannot be checked by the other two branches. Emergency PowersThe president of the United States, as head of the executive branch, has the authority to declare a federal state of emergency. Learning Objectives Explain how states of emergency apply to the Executive Branch of the U.S. government Key TakeawaysKey Points
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IntroductionA state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative, and judicial powers; alert citizens to change their normal behaviors; or order government agencies to implement emergency preparedness plans. It also can be used as a rationale for suspending rights and freedoms, even if guaranteed under the Constitution. Such declarations usually come during a time of natural or man-made disaster, periods of civil unrest, or following a declaration of war or situation of international or internal armed conflict. Application in the United States In the United States, there are several methods for government response to emergency situations. A state governor or local mayor may declare a state of emergency within his or her jurisdiction. This is common at the state level in response to natural disasters. The president of the United States, as head of the executive branch, has the authority to declare a federal state of emergency. At least two constitutional rights are subject to revocation during a state of
emergency: Impact of the September 11 AttacksThe United States has been continuously in a state of national emergency since September 14, 2001, when the Bush administration invoked it premised on the September 11 attacks. In September 2011, President Barack Obama informed Congress that the State of National Emergency, in effect since September 14, 2001, would be extended another year. The National Emergencies Act grants various powers to the president during times of emergency and was intended to prevent a president from declaring a state of emergency of indefinite duration. Insurrection Act of 1807 Flowchart: A flowchart comparison of when the provisions of the Insurrection Act can be implemented, under the original and amended wording. On September 30, 2006, Congress modified the Insurrection Act, as part of the 2007 Defense Authorization Bill (repealed as of 2008). Section 1076 of the law changed Sec. 333 of the Insurrection Act of 1807 and widened the president's ability to deploy troops within the United States to enforce the laws. Under this act, the
president may also deploy troops as a police force during a natural disaster, epidemic, serious public health emergency, terrorist attack, or other condition, when the president determines that the authorities of the state are incapable of maintaining public order. The bill also modified Sec. 334 of this act, giving the president authority to order the dispersal of either insurgents or "those obstructing the enforcement of the laws. " The law changed the name of the chapter from "Insurrection"
to "Enforcement of the Laws to Restore Public Order. " Executive OrdersIn the United States, an executive order is an order or directive issued by the head of the executive branch at some level of government. Learning Objectives Compare and contrast the different types of executive orders made by the President Key TakeawaysKey Points
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Introduction In the United States, an executive order is an order or directive issued by the head of the executive branch at some level of government. The term executive order is most commonly applied to orders issued by the President, who is the head of the executive branch of the federal government. Executive orders may also be issued at the state level by a state's governor or at the local
level by the city's mayor. Basis in U.S. ConstitutionAlthough there is no Constitutional provision or statute that explicitly permits executive orders, there is a vague grant of executive power given in Article II, Section 1, Clause 1 of the Constitution, and furthered by the declaration "take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 5. Most executive orders use these Constitutional interpretations as the authorization allowing for their issuance to be justified as part of the President's sworn duties. The intention is to help direct officers of the U.S. Executive carry out their delegated duties as well as the normal operations of the federal government: the consequence of failing to comply possibly being the removal from office. Different Applications by President A Presidential Determination is a document issued by the White House stating a determination resulting in an official policy or position of the executive branch of the United States government. Presidential determinations may involve any number of actions, including setting or changing foreign policy, setting drug enforcement policy, or any
number of other exercises of executive power. One of the most famous presidential determinations was President Clinton's Presidential Determination 95-45, which exempted the U.S. Air Force's facility in the vicinity of Groom Lake, Nevada (commonly called Area 51) from environmental disclosure laws, in response to subpoenas from a lawsuit brought by Area 51 workers alleging illegal hazardous waste disposal which resulted in injury and death. Subsequent to this determination, the lawsuit was
dismissed due to lack of evidence. Emancipation Proclamation: Leland-Boker Authorized Edition of the Emancipation Proclamation, printed in June 1864 with a presidential signature Executive PrivilegeExecutive privilege is the power claimed by the President to resist subpoenas and other interventions by other branches of government. Learning Objectives Analyze the application of executive privilege by the President since World War II Key TakeawaysKey Points
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Introduction In the United States government, executive privilege is the power
claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government. The concept of executive privilege is not mentioned explicitly in the United States Constitution, but the Supreme Court of the United States ruled it to be an element of the separation of powers doctrine, and/or derived from the supremacy of the executive branch in its own area of Constitutional
activity. Historical DevelopmentDuring the period of 1947-49, several major security cases became known to Congress. There followed a series of investigations, culminating in the famous Hiss-Chambers case of 1948. At that point, the Truman Administration issued a sweeping secrecy order blocking congressional efforts from the FBI and other executive data on security problems. During the Army–McCarthy hearings in 1954, Eisenhower used the claim of executive privilege to forbid the "provision of any data about internal conversations, meetings, or written communication among staffers, with no exception to topics or people. " Department of Defense employees were also instructed not to testify on any such conversations or produce any such documents or reproductions. U.S. v. NixonThe Supreme Court addressed "executive privilege" in United States v. Nixon, the 1974 case involving the demand by Watergate special prosecutor Archibald Cox that President Richard Nixon produce the audiotapes of conversations he and his colleagues had in the Oval Office of the White House in connection with criminal charges being brought against members of the Nixon Administration. Nixon invoked the privilege and refused to produce any records. Because Nixon had asserted only a generalized need for confidentiality, the Court held that the larger public interest in obtaining the truth in the context of a criminal prosecution took precedence. Post-Nixon The Clinton administration invoked executive privilege on fourteen occasions. In 1998, President Bill Clinton became the first President since Nixon to assert executive privilege and lose in court, when a federal judge ruled that Clinton aides could be called to testify in the Lewinsky
scandal. Richard Nixon, 37th President of the United States: Richard Milhous Nixon, 37th President of the United States. The Expansion of Presidential PowersPresidential power has shifted over time, which has resulted in claims that the modern presidency has become too powerful. Learning Objectives Discuss how the powers and duties of the President have changed over time Key TakeawaysKey Points
Key Terms
Chief LegislatorThe President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces. Powers and Duties The first power the Constitution confers upon the president is the veto. The Presentment Clause requires any bill passed by Congress to be presented to the president before it can become law. Perhaps the most important of all presidential powers is command of the United States Armed Forces as commander-in-chief. While the power to declare war is
constitutionally vested in Congress, the president commands and directs the military and is responsible for planning military strategy. Congress, pursuant to the War Powers Resolution, must authorize any troop deployments longer than 60 days, although that process relies on triggering mechanisms that have never been employed, rendering it ineffectual. Additionally, Congress provides a check to presidential military power through its control over military spending and regulation. State of the Union 2007: A White House photo of President Bush, VP Cheney, and Speaker Pelosi at the 2007 State of the Union address. The photo has been cropped from the orginal to remove everything but the principals, the bottom stars on the flag, and the teleprompters. The caption given by the White House is: President George W. Bush receives applause while delivering the State of the Union address at the U.S. Capitol, Tuesday, January 23, 2007. Also pictured are Vice President Dick Cheney and Speaker of the House Nancy Pelosi. White House photo by David Bohrer. Critics of Enhanced Presidency Most of the nation's Founding Fathers expected the Congress, which was the first branch of government described in the Constitution, to be the dominant branch of government. In other words, they did not expect a strong executive. However, presidential power has shifted over time, which has resulted in claims that the modern presidency has become too powerful, unchecked, unbalanced,
and "monarchist" in nature. Critic Dana D. Nelson believes presidents over the past thirty years have worked towards "undivided presidential control of the executive branch and its agencies. " She criticizes proponents of the unitary executive for expanding "the many existing uncheckable executive powers – such as executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements – that already allow presidents to enact a good deal of foreign
and domestic policy without aid, interference or consent from Congress." Other scholars disagree with the view that the presidency has too much power and cite the ability of Congress and the courts to block presidential actions. As an example, the Supreme Court in 2016 overturned Pres. Obama's administrative appointment made during a Congressional recess, and is scheduled to rule on the constitutionality of an executive order know as DACA (Deferred Action for Childhood Arrivals) that delays
deportation of undocumented residents who arrived as children. Licenses and AttributionsCC licensed content, Shared previously
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What are 3 types of power the president has?veto bills and sign bills. represent our nation in talks with foreign countries. enforce the laws that Congress passes.
What kind of power does the president have?The President is responsible for implementing and enforcing the laws written by Congress and, to that end, appoints the heads of the federal agencies, including the Cabinet. The Vice President is also part of the Executive Branch, ready to assume the Presidency should the need arise.
What is the greatest source of presidential power?3. The greatest source of Presidential power is really found in politics and public opinion; it is not in the Constitution, and does not come from Congress, the media, or Supreme Court decisions. 4.
What are the 7 main powers of the president?Powers and duties. Duty. The primary duty of the president is to preserve, protect and defend the constitution and the law of India as made part of their oath (Article 60 of Indian constitution). ... . Legislative powers. ... . Executive powers. ... . Judicial powers. ... . Appointment powers. ... . Financial powers.. Diplomatic powers. ... . Military powers.. |