Powers of the President Flashcards
What domestic powers does the President have?
The President has the following powers:
-> pardon power for federal offenses
-> veto power
-> appointment and removal of officials
-> authority as chief executive
-> duty to faithfully execute laws
-> emoluments clauses
How does the president’s pardon power work?
Only for federal offenses (not state crimes)
-> except in cases of impeachment (aka can’t pardon them)
A pardon may be granted at any time after commission of the offense (even before charges have been sought).
How does the President’s veto power work?
The president has 10 days to act on proposed legislation. The president may:
-> Sign the bill = it becomes law
-> Veto the bill = by sending it back, with objections, to the house in which it originated;
-> Do nothing = result depends on whether Congress is in session at the end of the 10-day period
—-> Congress in session –> bill becomes law without the president’s signature
—-> Congress adjourned –> bill DOES NOT become law (pocket veto; cannot be overridden)
Can Congress override a President’s veto of a bill?
Congress can override the veto by two-thirds majority vote in each house.
Congress can’t override the President’s “pocket veto.”
How does the President’s power with regards to the appointment and removal of officials work?
Appointment
-> the president appoints all “offices of the US,” with the advice and consent of the Senate
Removal
-> generally accepted that the president may remove any executive appointee without cause (AND without Senate approval)
What powers does the President have under their authority as chief executive?
The president’s authority varies with the degree of congressional authorization of the action.
Thus when the president acts:
-> with the express or implied authorization of Congress, presidential authority is at its HIGHEST, and the action is strongly presumed to be valid.
-> when Congress has not spoken, presidential authority is diminished, and the action is INVALID if it interferes with the operations or power of another brand of the government
AND
-> When Congress has spoken to the contrary, presidential authority is “at its lowest ebb,” and the action is LIKELY INVALID.
What is the President’s duty to faithfully execute laws?
The “Take Care Clause” imposes duty on the president to faithfully execute laws, EVEN WHEN the president disagrees.
What are the emolument clauses?
Prohibits a sitting president from receiving a change in compensation OR receiving compensation from state, federal, or foreign governments.
What do the President’s foreign affairs power relate to?
-> his role as commander-in-chief
-> treaties
-> executive agreements
What is the president’s powers under their role as commander-in-chief?
Only Congress can declare war, BUT the president can take military action without a declaration of war in the case of actual hostilities against the US.
Can Congress limit the President’s military activities?
Yes through the exercise of its military appropriation power.
What power does the President have in regard to treaties?
The president has the exclusive power to negotiate treaties.
President does not have power to ratify treaties.
When is a treaty ratified?
A treaty may only be ratified by approval of two-thirds vote of Senators present.
What power does the President have with regards to executive agreements?
The president has the power to enter into executive agreements with foreign nations.
Senate prevail is not required.
