13.1 Constitutional and statutory sources of executive power

The Constitution's Article II outlines the President's powers and duties. It establishes the executive branch, grants authority as Commander-in-Chief, and defines responsibilities like giving the State of the Union address. The separation of powers system creates checks and balances to prevent abuse.

Congress delegates authority to the executive through statutes. These laws empower agencies to make rules, conduct foreign affairs, and implement domestic policies. The President can also issue executive orders and directives to guide federal agencies and establish policies within constitutional limits.

Constitutional Sources of Executive Power

Article II of the Constitution

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• Section 1: Vesting Clause establishes executive branch vests executive power in President as sole head
• Section 2: Presidential Powers expand presidential authority
  • Commander-in-Chief leads armed forces directs military operations
  • Pardon power grants clemency for federal offenses shapes criminal justice
  • Treaty-making negotiates international agreements requires 2/3 Senate approval
  • Appointment power nominates key officials (ambassadors, Supreme Court Justices) needs Senate confirmation
  • Recess appointment temporarily fills vacancies when Senate not in session
• Section 3: Presidential Duties outline key responsibilities
  • State of the Union address informs Congress on national affairs annually
  • Convene Congress calls special sessions for urgent matters
  • Receive ambassadors conducts foreign diplomacy recognizes foreign governments
  • Faithfully execute laws ensures proper implementation of legislation
  • Commission officers formally appoints federal officials

Separation of Powers

• Checks and balances system prevents concentration of power
  • Executive checks on legislative: veto power blocks legislation recommends new laws
  • Executive checks on judicial: appoints federal judges shapes court composition
• Limits on executive power prevent abuse of authority
  • Congressional oversight investigates executive actions holds hearings
  • Judicial review evaluates constitutionality of executive actions (Marbury v. Madison)

Statutory Sources of Executive Power

Congressional Delegation of Authority

• Enabling statutes grant specific powers to executive agencies (Clean Air Act, Food and Drug Act)
• Administrative Procedure Act (APA) standardizes agency rulemaking processes ensures transparency

National Security and Foreign Affairs Statutes

• War Powers Resolution limits presidential war-making requires congressional approval after 60 days
• Foreign Intelligence Surveillance Act (FISA) regulates domestic surveillance of foreign agents
• International Emergency Economic Powers Act (IEEPA) allows sanctions freezing assets in crises

Domestic Policy Statutes

• National Environmental Policy Act (NEPA) mandates environmental impact statements for federal projects
• Occupational Safety and Health Act (OSHA) empowers agency to set workplace safety standards
• Civil Rights Act authorizes executive enforcement of anti-discrimination laws (EEOC investigations)

Executive Orders and Presidential Directives

• Executive orders direct federal agencies carry force of law (Emancipation Proclamation, desegregation of military)
• Presidential memoranda communicate policies to executive branch (climate change initiatives)
• National Security Directives establish classified security policies (counterterrorism strategies)