Powers of the President

Formal powers: (Seperation of powers in the US)

• enumerated powers
  • explicitly granted by Article II or granted by Congress
• implied powers
  • implied by Constitution
• inherent powers
  • needed by president to carry out their constitutional role
  • Bush ignored civil liberties and anti-torture laws after 9/11, arguing that inherent powers gave him the authority

Executive powers

• chief executive of federal gov
• control 15 executive departments
• prepare annual federal budget (Office of Management and Budget)
  • still needs Congressional approval – power of the purse

Influencing the passage of legislation through congress

• can propose legislation to Congress
  • most publicly in State of the Union Address
  • can propose new policy initiatives at any time, usually at a speech/press conference
• can sign bills into law
• can “leave it on the desk” for it to become law after 10 working days without signature
  • used for minor pieces of legislation
  • or bills they don’t agree with but can’t prevent Congress from passing it
  • if congressional session ends during the 10 working days, the bill is lost
    • pocket veto, last used by Clinton in 2000
• can veto a bill (Checks and balances in the US)
  • 2/3 supermajority needed in both houses to override
  • president can threaten to veto

Appointment powers

• nominates officials to key posts in executive branch
• ~4000 positions in executive branch a president can fill with appointments
• ~1200 need to be confirmed by Senate with majority vote
• nominates all federal judges, including SCOTUS
  • requires confirmation by Senate simple majority

Foreign policy

• commander-in-chief of the military
• head of US armed forces, can take military action
  • needs Congress to declare war
  • War Powers Act 1973 requires presidents to gain congressional approval for deployments lasting more than 60 days
• abused a lot
  • Clinton: Kosovo, et al (1990s)
  • Obama: Libya (2011), Syria (2015)
  • Biden: strikes in Yemen, Iraq, Syria (2024)
    • cited congressional approval given in 2001 after 9/11
• killing terrorists
  • drone strikes
  • special forces
    • Osama bin Laden (Obama, 2011)
• nuclear power
  • always accompanied by a military aide carrying the “nuclear football”
• negotiate treaties with other countries
  • must be ratified by Senate with 2/3 supermajority
• provide military aid to countries
  • Presidential Drawdown Authority
  • statutory authority under the Foreign Assistance Act 1961
  • respond to “unforeseen emergencies”, can take from DoD inventory without new appropriations
  • Biden supplied military aid to Ukraine

Informal powers

Powers that have a political, not constitutional basis.