Power of the President

Question 1

Power of the president

Answer 1

Article II, Section 1 grants the “executive power” to the President. The extent of the President’s executive power has been interpreted broadly by the Supreme Court, and includes the power to enforce federal law and manage the executive branch.

Question 2

Appointment

Answer 2

Article II, Section 2 authorizes the President, with the advice and consent of the Senate, to appoint all “officers of the United States,” including ambassadors and Justices of the Supreme Court. Congress may, however, delegate the appointment of “inferior” officials to the President alone (i.e., without Senate approval), the heads of executive departments, or the courts. “Inferior” officials are those supervised by Senate-confirmed appointees. Congress may not itself appoint members of a body with administrative or enforcement powers; such persons are “officers of the United States” and must be appointed by the President.

Question 3

Removal

Answer 3

The Constitution says nothing about the President’s power to remove executive officers, but it is generally accepted that the President may remove any executive appointee without cause (and without Senate approval). Congress may not shield appointees from removal by the President by imposing a multi-tiered system in which persons at each level may be removed from office only for good cause.

Question 4

Authority as Chief Executive

Answer 4

The scope of the President’s power to issue executive orders and to govern domestic affairs is extensive but not clearly delineated. The best-known exposition holds that the President’s authority varies with the degree of congressional authorization of the action.

Question 5

Commander in Chief

Answer 5

Although the President is the commander in chief of the military, only Congress may formally declare war. The President may take military action without a declaration of war in the case of actual hostilities against the United States. Congress may in turn limit the President’s military activities through exercise of its military appropriation (i.e., funding) power.

Question 6

Treaties

Answer 6

Pursuant to the Treaty Clause (Art. II, Sec. 2. Cl. 2), the President has the exclusive power to negotiate treaties, although a treaty may only be ratified with the concurrence of two-thirds of the Senate.

Question 7

Executive Agreements

Answer 7

The President has the power to enter into executive agreements with foreign nations (e.g., reciprocal trade agreements) that do not require the approval of two-thirds of the Senate. Although not expressly provided for in the Constitution, executive agreements may be made, without congressional authorization, pursuant to the President’s authority over foreign affairs.

Question 8

International Affairs

Answer 8

The President represents and acts for the United States in day-to-day international affairs. In addition to appointing and recei

Question 9

International Affairs

Answer 9

The President represents and acts for the United States in day-to-day international affairs. In addition to appointing and receiving ambassadors, the President has the exclusive power to recognize a foreign government.