Presidential Powers
In this paper we will compare the formal and informal powers if the President and we will explore how and why the Presidential powers have increased over time. The history of the Presidency is an account of aggrandizement; one envisions, today, a President with far reaching power, however, when looking at the Constitution alone we find a President with significant limits. Is the President of the United States the most powerful person in the world or merely a helpless giant?
The President’s formal powers, as found in Article II of the U.S. Constitution, begins with Commander in Chief of the Armed Forces. This was the first power listed, signifying the prominence placed on keeping the country secure and safe, especially from foreign invasion. The next formal power of the President is the power to grant reprieves and pardons for offenses against the United States. An example of said power would be, President Gerald Ford pardoning Richard Nixon following the Watergate scandal and the President ordering a reprieve or delay in the case of a person on death row until their case can be heard by a higher court. The President also has the power to make Treaties, with Senate approval, and to appoint Ambassadors and Supreme Court Judges, again, with Senate confirmation.
The constitution requires that the President inform Congress of the State of the Union, this takes the form of an annual State of the Union Address. This may not seem like much of a power, but the
Another very notable role of the President also outlined in Article II. Section 2. of the Constitution and reads, “He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court(http://www.archives.gov/exhibits/charters/constitution_transcript.html). It essentially gives the President power to make treaties with foreign nations however, two-thirds of Congress must be in agreement with the decision. Although the President, or the Executive Branch can be interpreted as the most authoritative arm of government, its powers are still limited and restricted by the process of checks and balances. Each branch of government has some governance over the other two divisions. For instance, just as it is outlined above, the President can nominate Ambassadors and Judges of the Supreme Court but the decision must be upheld by Congress. In other words, under the "Advice and Consent clause the appointed member must be sworn in by the Senate. Again, this is an example of how the system of checks and balances limits the powers of the President.
Executive power is vested in the office of the President of the United States. The President has the dual role of being the chief of state and the head of government. The President is also commander in chief of the armed forces. He issues executive orders, and appoints Supreme Court justices (with senate approval). The president is also called "the chief legislator" because he indirectly proposes many bills, considers all bills from Congress and signs them into law or vetoes them.
The president uses informal powers to set and enact a legislative agenda, to do executive orders, send out troops without a declaration of war, make executive agreements, create and use bureaucracy, and make legislative proposals. Out of all the informal powers presidents tend to use the executive power the most.
In the article, “Unilateral Action and Presidential Power: A Theory,” Terry M. Moe and William G. Howell, two political science instructors from Stanford University, investigate a source of presidential power, which is the president’s capability to act individually and make his own law, that has been unacknowledged yet essential to presidential leadership that it defines how the modern presidency is distinctively modern. The authors’ purpose in the article is to outline a theory of this feature of presidential power by arguing that the president’s powers of unilateral action, which is developed from the ambiguity of the contract, are strengths in American politics since they are not mentioned in the constitution. They also claim that presidents push the ambiguity of the contract to make their powers grow and that Congress and the courts would not be able to stop them (Moe and Howell, 1999, p. 1-3).
Presidential power refers to the amount of power which the president has. The constraints to this power are time, information and bureaucracy mostly due to the checks and balances system.
I agree, that the president’s greatest powers are the informal powers, but the President is generally seen as the image of America and American government. At the point when an emergency occurs, when disaster strikes, when the country commands an incident or awesome accomplishment, the country listens to and watches the President, the country's "first subject" and "voice of the general population." The President has lots of different informal powers. They include: setting and authorizing an administrative plan, official requests, conveying troops without an assertion of war, and leading and directing outside arrangement activities, between others.
The president has the power to sign bills into laws. The president also has the power to veto laws and send them back to the house. If a disagreement between the house and executive branch, the president has the authority. The president may also appoint or remove justices from their seats if needed.
The president also has the power Veto laws passed by congress. The president has the power to make political appointment and negotiate treaties with foreign countries, however this power also requires the approval of the senate. The President is responsible for making a for appointing his cabinet and federal judges. The president is capable of calling congress in session and the power to adjourn congress.
Since the creation of the United States of America, the power of the President has increased dramatically. Specifically, regarding foreign affairs, the power of the President has greatly increased. According to foreign policy specialist Michael Cairo, the Constitution originally gave Congress the majority of war powers. While the formal powers of Congress include the power to declare war, raise and support an army, and regulate commerce, the President was only meant to mainly be Commander in Chief and negotiate treaties in regard to foreign affairs. The President’s role of leading the armed forces may seem like it would give him the authority on all issues regarding foreign affairs, but this power was granted to the President so that he could react quickly if a national emergency occurs. Although Congress was originally given the majority of war powers, Presidents have begun to utilize unilateral authority in the realm of foreign policy. In the Korean War, the Vietnam War, and more recently in Iraq and Afghanistan, the President deployed troops without a declaration of war from Congress.
In the admittedly short life time of the Presidential branch its occupants have taken massive strides in empowering and strengthening their office. At times a case could be made that the executive has aspired to too much; threating essential American political values, such is the case of President Franklin Roosevelt who secured a third term of office ignoring precedent and tradition. However, evidence would suggest that for any significant step a president takes towards increasing their power; often results in an equal and opposite reaction. That is not to say that our presidents are weak, in actuality we see that our presidents have significantly increased their power to wage war
Throughout the history of the United States, the three branches of government had experienced their respective highs and lows. During creation of the United States Constitution, its authors had a preconceived notion that the legislative branch would end up being the more capable of the other two branches of government. All things considered, the legislative branch was a leading force for states amid the Revolutionary War and amid the Articles of Confederation years. The vast majority of the Bill of Rights starts with the expression "Congress shall make no law." That being said, like the sentiments during the Revolutionary Period and amid the Articles of
The president also has the power of assigning the federal judges, and when to call Congress into session. Likewise, the president has the power to either sign or veto a piece of legislation from Congress.
He oversees the idea that all laws must be abided by equally. He appoints all federal judges and he appoints, removes, and supervises all executive officers. The president is limited though because all appointed the Senate must approve officers. The last expressed power the president has is his legislative power. Delivering a "State of Union" falls under this responsibility. He also has the power to veto, or turn down acts of Congress. When a pocket veto comes into play, Congress doesn't have the ability to overrule the veto. This is done when the president doesn’t sign something in a matter of ten days. A part of the legislative power that isn’t listed in the Constitution is the legislative initiative. This is where the president can bring a legislative agenda to the attention of the Congress. The executive order also falls under this power. This is a rule that has the effect and formal status of a legislation but is drawn up by the president.
Informal powers are those not stated in the constitution but include persuasion, make agreements,issue executive orders,and more.Formal powers are found in Article II of the constitution, those powers include the ability to veto a bill, command the government military, make treaties and more. The powers that are considered "necessary and proper". They are the powers that are inherited when the role of President is achieved. One example of implied power that was used recently by The president of The United States was the speech given from Poland sending his condolences to the victims and families affected by the Dallas Shooting recently. As the leader of The United States,it is necessary and proper for him to address major incidents that occur
The way the United States government operates is it divided into three branches. The branches are the Executive, Legislative, and Judicial who have different functions in making the country function. However, the powers that each branch and it’s check and balances are stated in the constitution. In the case of the President, his powers are stated in Article 2 of the constitution.