2.2 Enumerated and Implied Presidential Powers

The President's powers are both explicitly stated and implied in the Constitution. Enumerated powers include being Commander-in-Chief, making treaties, and appointing federal officials. These give the President significant control over military and foreign policy decisions.

Implied powers stem from broad interpretations of constitutional clauses. These allow Presidents to issue executive orders, make recess appointments, and exercise veto power. Such powers have expanded presidential authority in domestic and administrative affairs over time.

Military and Foreign Policy Powers

Commander-in-Chief Responsibilities

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• President serves as the supreme commander of the U.S. armed forces (Army, Navy, Air Force, Marines, Coast Guard)
• Has the power to deploy troops, direct military operations, and make strategic decisions during wartime
• Congress has the power to declare war, but the President can respond to attacks and take military action without a formal declaration
• Examples of Presidents exercising Commander-in-Chief powers include:
  • President George W. Bush deploying troops to Afghanistan and Iraq after the 9/11 attacks
  • President Barack Obama authorizing airstrikes against ISIS in Syria and Iraq

Diplomatic and Treaty-Making Authority

• President has the power to negotiate and sign treaties with foreign nations
• Treaties must be ratified by a two-thirds majority vote in the Senate to take effect
• President can also enter into executive agreements with foreign leaders without Senate approval, although these agreements have less legal standing than treaties
• Examples of significant treaties and agreements include:
  • North American Free Trade Agreement (NAFTA) signed by President Bill Clinton in 1993
  • Paris Climate Accord signed by President Barack Obama in 2016 (later withdrawn by President Donald Trump)

Executive Orders and Signing Statements

• Executive orders are directives issued by the President to federal agencies, instructing them on how to implement and enforce laws
• Signing statements are written comments issued by the President when signing a bill into law, often used to express reservations about certain provisions or to clarify how the executive branch will interpret and implement the law
• While executive orders and signing statements are not explicitly mentioned in the Constitution, they have been used by Presidents throughout history to shape policy and exercise executive power
• Examples of notable executive orders include:
  • President Abraham Lincoln's Emancipation Proclamation in 1863, which declared slaves in rebel states to be free
  • President Franklin D. Roosevelt's Executive Order 9066 in 1942, which authorized the internment of Japanese Americans during World War II

Domestic Policy and Legislative Powers

Veto Power and Legislative Influence

• President has the power to veto bills passed by Congress, preventing them from becoming law unless Congress overrides the veto with a two-thirds majority in both houses
• Pocket veto: If the President does not sign a bill within 10 days (excluding Sundays) and Congress adjourns during that time, the bill is automatically vetoed
• President can use the threat of a veto to influence legislation and negotiate changes to bills before they reach his desk
• Examples of significant vetoes include:
  • President George W. Bush's veto of the State Children's Health Insurance Program (SCHIP) expansion in 2007
  • President Barack Obama's veto of the Keystone XL pipeline bill in 2015

State of the Union Address and Agenda-Setting

• President is required by the Constitution to periodically inform Congress about the state of the union
• Modern Presidents deliver an annual State of the Union address before a joint session of Congress, outlining their policy priorities and legislative agenda
• State of the Union address serves as an important platform for the President to shape public opinion and rally support for their policies
• Examples of notable State of the Union addresses include:
  • President Lyndon B. Johnson's "War on Poverty" address in 1964, which laid out his vision for the Great Society programs
  • President George W. Bush's address in 2002, which focused on the "Axis of Evil" and the war on terror in the aftermath of 9/11

Elastic Clause and Implied Powers

• Article I, Section 8, Clause 18 of the Constitution (known as the Elastic Clause or Necessary and Proper Clause) grants Congress the power to make laws that are "necessary and proper" for carrying out its enumerated powers
• Presidents have sometimes relied on a broad interpretation of the Elastic Clause to justify executive actions and policies not explicitly authorized by the Constitution
• Examples of Presidents invoking implied powers include:
  • President Thomas Jefferson's purchase of the Louisiana Territory in 1803, which doubled the size of the United States
  • President Harry Truman's seizure of steel mills in 1952 to prevent a strike during the Korean War (later ruled unconstitutional by the Supreme Court)

Administrative and Judicial Powers

Appointment Power and Executive Branch Oversight

• President has the power to appoint federal officials, including Cabinet members, ambassadors, and judges, subject to the advice and consent of the Senate
• President can also make recess appointments when Congress is not in session, allowing appointees to serve temporarily without Senate confirmation
• As head of the executive branch, the President has the authority to oversee and direct the activities of federal agencies and departments
• Examples of significant presidential appointments include:
  • President Dwight D. Eisenhower's appointment of Earl Warren as Chief Justice of the Supreme Court in 1953
  • President Barack Obama's appointment of Sonia Sotomayor as the first Hispanic Supreme Court justice in 2009

Pardoning Power and Clemency

• President has the power to grant pardons, commutations, and reprieves to individuals convicted of federal crimes
• Pardons can be granted before, during, or after a criminal proceeding, and they eliminate both the conviction and the punishment
• Commutations reduce the severity of a punishment without removing the conviction itself
• Presidents have used the pardoning power for various reasons, including correcting perceived injustices, rewarding political allies, and promoting national reconciliation
• Examples of notable presidential pardons include:
  • President Gerald Ford's pardon of former President Richard Nixon in 1974 for any crimes he may have committed during the Watergate scandal
  • President Jimmy Carter's pardon of Vietnam War draft evaders in 1977 as a gesture of national healing and reconciliation