Institutions of American Government

Module 4.2: The Presidency

Section 5: Constitutional Provisions for Presidential Power

Constitutional Powers

• Veto Power – Checks Congress in legislative process

• Article 1 section 7– 2 classes of veto for the President

• Standard • Pocket

• Pardons and Reprieves – For offences committed against the United States

• Except in cases of impeachment– Article 2 section 2

• Treaty power– By and with the Advice and Consent of the Senate

• 2/3 of the Senators present must concur to ratify treaties• Article 2 section 2

Constitutional Powers• Appointment power

– Article 2 section 2• By and with the Advice and Consent of the Senate

– Possibly a simple majority (50%+1)– Ambassadors– Public ministers and consuls– Judges of the Supreme Court– All other federal officers not provided for in the Constitution

» And established by law– Congress may establish other appointment methods

» Unilateral presidential appointment» Congressional appointment» Judicial appointment» Department head appointment

– Vacancies during Senate Recess» Do not require Senate approval » Commissions expire at end of next Congressional session

– Article 2 section 3• Commissions all officers of the United States

– Assumes some federal officers are not created by acts of Congress

Other Constitutional Duties

• State of the Union– Article 2 section 3– He shall from time to time give to the Congress information of the State of the Union– No specific provision how to give this information– Initiative Power

• Recommend for their (Congress’) consideration such measures as to him shall seem necessary and expedient

• Special sessions– Article 2 section 3– He may convene both houses or either of them

• On extraordinary occasion

• Enforce law– Article 2 section 3– He shall take care that the laws by faithfully executed

Functional Roles of the President• Chief Executive

– Enacts legislation by signing acts of Congress • Article 1 section 7

– Takes care that the laws be faithfully executed • Article 2 section 3

– Commissions all officers of the United States • Article 2 section 3

• Check on Congress (Sometimes called “Chief Legislator”)– Veto power

• Article 1 section 7• Standard veto• Pocket veto

– Initiative power • Article 2 section 3

Functional Roles of the President• Commander in Chief

– Of the Army and Navy• Article 2 section 2

– Of the Militia when called into federal service

• Article 2 section 2

– May order extraordinary military action• Ostensibly limited by the War Powers

Act

• Chief Diplomat– Treaty power

• Article 2 section 2• Requires Senate approval

– Executive agreements • not found in the Constitution• Does not require Senate approval

– Receives Ambassadors and other public ministers

• Article 2 section 3• Related to role as Chief of State

Functional Roles of the President• Chief Administrator

– Article 2 section 2• May require the opinion, in writing, of

the principal officer in each of the executive departments

– On any subject related to the Duties of their respective offices

• Chief of State– Receives Ambassadors and other

public ministers• Article 2 section 3

– Dedicates federal public works• Implied in Article 2 section 3

– Decorates/delivers congressional and executive awards

• Implied in Article 2 section 3– Acts as “super-representative”

• Represents the United States at formal gatherings and functions

• Considered ex officio (an inherent role)