Formal+Powers+of+the+President

Formal Powers of the President By Patrick Morley (editor), Jack Bonadies, and Will Fricke

Introduction
Article II of the Constitution identifies the very few powers that are granted to the president. The first sentence of Article II says that the executive power is vested in a president. The various powers of the president allow him or her to become a major player in the political process but the president's powers also come from various informal or implied powers of the president.

The Appointment Power
The Constitution grants the president the power to appoint, "Ambassadors, other public Ministers and Consuls, judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law." The president may appoint these officials with the advice and the consent of the Senate. The president has the authority to make about 3,500 appointments to his administration and he/she technically appoints over 75,000 military personnel. This ability to appoint so many officials gives the president an immense amount of control over the federal government. Many of the appointees are put into positions of great power and they have the ability to shape public policy. The president chooses his/her appointees very carefully and look for people who meet the qualifications and who be loyal to them. Up until the Clinton administration the Senate approved on average 97% of the president's appointees but that all changed. A delay or even a rejection of a nominee can have a huge impact on the administration. It leaves the president without their first choice, weakens the presidents relationship with the Senate, and makes the administration look weak. If used correctly and wisely the power of appointment can give the president great strength but if no it will weaken his or her position.

Convening Congress
The power to **convene** congress authorizes the president to convene congress on “extraordinary Occasions.” These occasions can mostly include war and security but can also include much lesser events as it has in the past. This power has became less important as congress is now in nearly year-round sessions and the last time it was used was in 1948. Along with this power is the requirement that the president makes a “State of the Union” address. ex. In 1948 Truman convenes congress to meet with the republican side and try to persuade them to push civils rights and health care legislation.

Making Treaties
The power to make treaties authorizes the president to make official agreements with foreign nations. This power is not solely in the hands of the president as the senate must improve the treaty with a 2/3rds majority. This keeps the president mindful of both parties in congress. In addition to this power the president also has the power to recognize the existence of other nations. ex. In 2010 the president signed a treaty with Russia to reduce the amount of nuclear arms

Vetoing
The power to veto or reject bills is given to the president. This allows the president to have the final say unless 2/3rds of both houses can support something. This is also useful to persuade congress to pass bills in which the president favors as the president can and will use the power to veto as a threat. Most vetos go through without being overridden by congress. In addition to the normal veto, the **line item veto**, would allow the president to veto certain parts of a bill but pass others. This amendment was introd uced many many times but was never passed. The pocket veto is similar to a normal veto but it is performed by the president ignoring the bill. ex. Congress passes a bill, president vetos, congress cannot muster 2/3rds of both houses to vote yea, the bill dies

Power as Commander in Chief
Article II states that the president is "Commander in Chief of the Army and Navy of the United States." The power to declare war is granted to Congress but as the Commander in Chief the president can enter military actions and conflicts without specific approval from Congress. This can be seen through Lyndon B. Johnson's commitment of troops to Vietnam, Congress never actually declared war on Vietnam. The ** War Powers Act ** was passed by Congress in 1973 in response to Johnson's and Nixon's handling of the Vietnam War. This act limits the president's authority to introduce American troops into hostile foreign lands without congressional approval. The president can deploy troops overseas for no more than 60 days during peacetime without the consent of Congress (an extra 30 days is allowed for the removal of troops). Many presidents have claimed that this act is unconstitutional but they have followed the act nonetheless.

The Pardoning Power
A president can exercise a check on the judicial branch through their constitutional authority to grant **pardons.** A pardon is an executive grant releasing an individual from punishment or legal consequences of a crime before or after conviction, and restores all rights and privileges of citizenship. Presidents exercise this power for federal offenses except impeachment, which cannot be pardoned. ex. Washington pardoned John Mitchel after being charged with treason in the Whiskey Rebellion

Vocabulary Terms
**War Powers Act-** passed by Congress in 1973, limited the power of the president by limiting the deployment of troops overseas to a 60 day period in peacetime (additional 30 days to withdraw troops) unless Congress gives its consent <span style="background-color: transparent; font-family: Arial; font-size: 15px; line-height: 22px; vertical-align: baseline;">**Pardon-** an executive grant releasing an individual from punishment or legal consequences of a crime before or after conviction, and restores all rights and privileges of citizenship **Convene-** to call together <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">**line item veto** - allows the president to veto part of a bill while letting the rest pass (this action never became part of the constitution and therefore not a presidential power)
 * pocket veto-** a veto due to a lack of action

http://www.navasotaexaminer.com/news/article_840e0008-ff2f-11df-a31d-001cc4c03286.html http://news.bbc.co.uk/2/hi/8607985.stm
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<span style="background-color: transparent; font-family: Arial; font-size: 15px; line-height: 22px; vertical-align: baseline;">Section Review Questions
1. A pardon can be used to a. excuse the president to go to a meeting b. forgive foreign nations after a war c. reduce the prison sentence of a us citizen

2. If the president vetos a bill, the bill a. will die b. will go back to congress for another vote c. will pass completely d. only part of the bill will pass

3.When can the president convene congress a. When he thinks there is an important issue b. In the time of war c. In a time of peace d. Directly after a war e. All of the above

4. When can the president perform a line item veto a. if part of a bill goes against his belief b. if he does not want to outwardly veto it c. never d. if congress authorizes

http://www.archives.gov/exhibits/charters/constitution.html http://nationalparalegal.edu/conlawcrimproc_public/federalism/presidentialpowers.asp
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