| Powers of the Presidency The President's powers may be described in three broad categories: Executive Powers, Diplomatic/Military Powers, and Judicial Powers. A brief outline of these powers are listed below. Remember that most of these powers are a check on other powers held by the other branches or are subject to checks from the other branches. Executive Powers: The first and foremost duty of a President is to "faithfully execute the laws," including protecting and defending the Constitution The President must use the resources of the Federal government to enforce the laws passed by Congress. How enthusiastically he/she actually enforces the laws is another matter. The Ordinance Power - The President has the power to issue "Executive Orders." These orders act with the force of law, but they are restricted to areas in which the President has authority by virtue of being at the head of the Executive branch. Because the President must manage the various agencies and departments in the Executive branch, he/she must be able to issue directives for them to conduct their business. The most famous executive order was "Executive Order 9066" which was a military order issued in 1942 requiring the relocation of Japanes-Americans to areas away from the West Coast. The Appointing Power - The President appoints people to a variety of offices in the federal government. The President appoints judges, ambassadors, his/her cabinet advisors, and a host of other advisors and management positions within the Executive branch. The President's appointments must be approved by the Senate. The Removal Power - The President may remove many of his/her appointments without Senate approval. The only exceptions are judges and the heads of independent regulatory commissions. The President may remove the heads of the independent regulatory commissions for incompetence, but judges must be impeached by Congress to be removed. The Diplomatic/Military Powers: The Treaty Power - The President has the authority to negotiate and sign treaties on behalf of the United States. These treaties may not take effect; until the Senate must approve them. The Executive Agreements - The President may opt to work out "Executive Agreements" with other nations instead of treaties. Executive agreements need no Senate approval. Essentially, they are like a "handshake deal" between nations. Recognition Power - The President has the power to officially recognize other nation-states as legitimate members of the world community. Three days after a U.S. sponsored revolt broke out in the Colombian province of Panama, Teddy Roosevelt officially recognized Panama as independent and negotiated a treaty deal to build a canal across the isthmus. By the same token, the President may refuse to recognize new nations or new governments that came to power questionably. Military Powers - As you are probably aware, the President is the supreme commander-in-chief of the United States military. This power has been wielded often in our history. Most of the military conflicts the U.S. has engaged in have been undeclared wars. In fact, the last official, declared war was World War II. The flexibility to use military forces is at the President's discretion. Because some conflicts require rapid response, the President's ability to use the military immediately has never really been called into question. When the use of troops drags on, however, questions begin to surface. Since Vietnam, however, Congress has limited the President's capacity to wage war by limiting the use of military troops to 90 days without congressional approval. The Judicial Powers: Pardons - Pardons are granted in rare cases to a person accused or convicted of a crime. A pardon excuses the person from the effects of committing the crime. It is a true "Get Out of Jail Free" card, but only applies to federal crimes. If this seems very powerful, it is. As such it is used very infrequently. Commutation - When the President commutes a sentence, he/she reduces the length of a sentence. Again, it applies to federal crimes only. The President may change a life sentence to 25 years, for instance. Reprieves - Finally, the President may delay the execution of a sentence. The sentence still stands, but the guilty party will not have to serve it until the President's reprieve expires or he/she revokes it. |