Powers of the President

Question 1

Exclusive executive powers

Answer 1

i) Nominate principal officers
ii) Veto bills
iii) Prosecute & pardon federal offenses
iv) Communicate & negotiate with foreign governments
v) Recognize foreign governments
vi) Enter executive agreements

Question 2

President’s plenary power

Answer 2

“The President has the plenary power to grant reprieves and pardons to persons who commit federal offenses—except in cases of impeachment.”

The President (i.e., executive branch) has the distinct power to enforce laws.

This includes the plenary (i.e., absolute, unqualified) power to grant reprieves and pardons to persons who commit federal offenses—except in cases of impeachment.

Question 3

What can the President do when he does not share authority with Congress over a particular area?

Answer 3

When the President does not share power with Congress over a particular area—e.g., recognizing foreign governments—the President can exercise that exclusive Article II power without congressional interference.

• Article II vests the President with authority over a wide array of domestic and foreign policy areas.

Question 4

Is Senate approval required for the President’s appointment of inferior federal officers?

Answer 4

NO.

The Article II appointments clause grants the President the power to appoint principal federal officers with the Senate’s advice and consent (i.e., approval).

Senate approval is not required for the President’s appointment of inferior federal officers—i.e., federal officers who are supervised by principal federal officers.

That is because Congress may delegate the appointment of inferior federal officers to the President alone (i.e., without Senate approval), the heads of executive-branch agencies, or the federal courts.

Question 5

Appointment Powers of federal officers

Article II, § 2 appointments clause

Answer 5

1. Prinicpal

• Ambassador
• Supreme Court Justice
• Cabinet official

_Appointment by President with Senate approval._

2. Inferior

• Independent counsel
• Judicial clerk
• Administrative law judge

Appointed by President (with Senate approval) unless Congress delegates appointment to:

• President alone
• federal courts OR
• heads of executive departments

Question 6

Federal Officer

Answer 6

A federal officer is someone who:

(1) holds a continuing public office and
(2) has significant discretionary authority to administer or enforce laws (i.e., executive powers).

All federal officers must be appointed by the President or in a manner otherwise consistent with the Article II appointments clause.

Question 7

Does the President have constitutional power to impound funds that Congress has explicitly mandated an expenditure of those funds?

Answer 7

NO.

When Congress explicitly mandates an expenditure of funds, the President has no constitutional power to impound those funds (i.e., refuse to spend them or delay the spending).

**The President’s lack of power to impound funds when Congress has mandated their expenditure does not turn on whether the authorizing legislation has been passed over the President’s veto.**