The President

The President

The War Powers of the President

Summary of the Powers

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Appointments Clause

First Power

The President has the power to appoint federal judges, ambassadors, and other "principal officers” of the United States, subject to Senate confirmation of such appointments. “Principal officers” here includes ambassadors and Members of the Cabinet. Although the Senate may opt not to confirm a Presidential appointment, Congress cannot limit or eliminate the President’s powers to make the appointments.

Example

• A member of the Supreme Court decides to step down to spend more time with her family in her old age. The empty slot is filled by the President, who appoints a new Justice. The appointment, however, is subject to Senate approval.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States.He should have power to grant Reprieves and Pardons for Offenses against the United States. He has control of the military forces. He decides on the conduct of affairs in the territory until Congress decides what happens next. He decides on the strategy for the way the war is conducted. The president gives the orders to the Army, Navy, or Air Force to take action. The president may order the armed forces into action. He must go to Congress for money to support the efforts of the armed forces. He can pardon any person convicted of a crime in federal courts. Also to grant pardon to draft resisters or members of the armed forces. The president is to make Treaties,provided two thirds of the Senators present. The president can conduct the treaty negotiations, the Senate must approve the treaty by a two- thirds majority.

Inferior Officers

Second Power

the President may remove any executive branch officer. Congress cannot prevent removal entirely, but may limit removal by requiring a showing of good cause, provided the office from which the person is being fired is one where some measure of independence from the President is desirable.

Example

Imagine that the President is accused of some wrongdoing. Congress may vest its power to appoint a special prosecutor in the federal courts, and the court may then appoint a special prosecutor to investigate the charges made against the President. Independence from the executive branch is crucial here to avoid any appearance

Treaties and Executive Agreements

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Presidential Acts

The President does have an executive privilege covering Presidential papers and discussion, which affords further protection and the ability to refuse disclosure. Although this privilege will on occasion yield to other overriding governmental interest.

Example

Suppose a President, years before taking office, is involved in a real estate deal in his home state. While in the office of the Presidency, facts come to light indicating that he may have committed fraudulent acts as part of the transaction. Although defending himself from the suit will take away from the time he can dedicate to his Office, he is neither immune from suit nor able to postpone adjudication.

The President’s power to conduct foreign policy, as any agreements with foreign nations with which a state disagreed could be essentially nullified by the individual states

Example

The President enters into a treaty with China, which the Senate ratifies. The treaty provides, in part, that goods exported from China to the U.S. will be taxed at a particularly low import tax rate, in exchange for which goods shipped from the U.S. to China will enter China’s stream of commerce without having any import tax imposed. Suppose it would be possible for a number of states to now pass laws which would impose hefty import taxes on Chinese goods. The U.S. as a whole would not be living up to its end of the bargain, and the President’s ability to enter into agreements with foreign nations would be seriously compromised.

Power to Grant Reprieves and Pardons for Offenses against the United States

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Veto A Law

The President may pardon someone who is accused or convicted of a federal crime, but the President holds no such power regarding violation of state law or civil, as opposed to criminal, offenses.

Example

Frank grew up with the man who is now President of the United States. Although they were not close growing up, Frank is sure the President will remember him and help him. After all, Frank helped him out of that sticky situation in high school, without which the President probably never would have been able to get his diploma. The help Frank needs involves a felony conviction for aggravated assault and rape in Kansas for which Frank feels he has served enough time. Somehow he manages to get the President on the phone to personally request a pardon. Needless to say the President is likely more than happy to tell Frank that he would help him if he could, but alas he does not have the power to pardon anyone convicted of a state crime. “Call me when you get out,” he says, “we’ll do lunch.”

The President has the power to veto any act of Congress. An act vetoed by the President may still be passed into law only by a 2/3 majority vote of each house of Congress, whether the President vetoed the bill actively