12.4: Presidential Powers

The president derives authority from the Constitution and from laws passed by Congress. His 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 are tucked away in other parts of the Constitution. One such 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).

The Constitution also empowers the president to appoint Cabinet secretaries, federal judges, agency heads, and ambassadors. These appointees generally must be confirmed by the Senate before they can take office, but they can serve on a temporary, provisional basis if appointed while Congress is not in session. As commander-in-chief, the president cannot declare war (only Congress can), but he can initiate certain military actions in both wartime and peacetime.

One of the president’s less frequently used constitutional powers is the power to pardon convicted criminals. Pardons often occur near the end of a president’s term, when he is no longer up for reelection and less concerned about their potential impact on his approval rating. 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 has the constitutional authority to issue an executive order, which has the 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 unilaterally, provided these orders are not themselves unconstitutional. (Congress can pass laws overturning executive orders, but it rarely does so.)

Aside from constitutional powers, the president possesses statutory powers bestowed upon him by 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 laws. Congress may also delegate certain responsibilities to the president. Trade policy is one such responsibility. Knowing that it would struggle to craft effective policies for the whole country, Congress abdicates its authority to do so and assigns the job to the president instead (although the Senate retains the power to ratify trade agreements).