12.3: Presidential Powers

The president derives his authority from two sources: the Constitution and the laws passed by Congress which delegate certain powers to him (and to the executive branch under his command). The president’s constitutional powers have remained relatively stable over time, while his powers derived from acts of Congress have expanded considerably along with the size and scope of the national government.

Most of the president’s constitutional powers are granted in Article II, though a few powers are tucked away in other parts of the Constitution. One such constitutional power, found in Article I, is the ability to sign bills into law. By implication, this power also gives the president the power to veto laws by refusing to sign them, thereby preventing them from becoming law (unless Congress overrides the veto with a two-thirds majority in both chambers).

Besides signing bills into law, the president can appoint Cabinet secretaries, federal judges, agency heads, and ambassadors to foreign countries. These appointees generally must be confirmed by the Senate before they can take office, but they can serve on a provisional basis if appointed while Congress is not in session. As commander-in-chief, the president is in charge of many aspects of military strategy. This does not include the power to declare war (which is granted to Congress in Article I), but it does allow the president to initiate certain military actions in both wartime and peacetime.

One of the president’s less frequently used constitutional powers is the power to pardon people convicted of crimes. Pardons often occur in bunches near the end of a president’s term, when he is no longer up for reelection and unlikely to receive major blowback from the media or the public for issuing controversial pardons. The president can also convene a special session of Congress. This power was more important back when transportation was less efficient and members of Congress spent far less time in Washington. Today, Congress is rarely out of session, so the president has few opportunities to wield this power.

Although the term does not appear in the Constitution, the president also has the constitutional authority to issue an executive order, which has the full force of law but does not require congressional approval. This power stems from Article II, which begins, “[t]he executive power shall be vested in a President of the United States.” The Supreme Court has interpreted this clause to mean that the president can issue legally binding orders without congressional approval, provided these orders are not themselves unconstitutional. (Congress can pass legislation overturning executive orders, but it rarely does so.)

Beyond these constitutional powers, the president possesses statutory powers bestowed upon him by congressional legislation. Congress may authorize the president or the executive branch to perform certain tasks when executing laws, such as determining the specific standards, deadlines, and penalties that go along with a law to combat air pollution. Congress may also choose to delegate certain responsibilities to the president which he, being a single person with a national focus, is better equipped to handle than a roomful of senators and representatives with state and district loyalties. Trade policy is one such topic on which Congress, knowing that it would struggle to craft an effective policy for the whole country, abdicates its authority to do so and assigns the job to the president instead (although the Senate retains the power to ratify trade agreements).