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Powers of the president of the United States

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The powers of the president of the United States include those explicitly granted by Article II of the United States Constitution as well as those granted by Acts of Congress, implied powers, and also a great deal of soft power that is attached to the presidency. The Constitution explicitly assigns the president the power to sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors. The president shall take care that the laws are faithfully executed and the president has the power to appoint and remove executive officers. The president may make treaties, which need to be ratified by two-thirds of the Senate, and is accorded those foreign-affairs functions not otherwise granted to Congress or shared with the Senate. Thus, the president can control the formation and communication of foreign policy and can direct the nation's diplomatic corps. The president may a

Commander-in-chief

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The president of the United States is commander-in-chief and as such exercises supreme operational command over all of the national military forces and federalized militia units of the United States.a In this capacity, the president has plenary power to: command and control all military personnel and militia members; launch, direct and supervise military operations; order or authorize the deployment of troops; unilaterally launch nuclear weapons; and form military policy with the Department of Defense and Homeland Security. However, the constitutional ability to declare war is vested only in Congress. Article II of the U.S. Constitution expressly designates the president as: Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States U.S. ranks have their roots in British military traditions, with the president possessing ultimate authority, but no rank, maintaining a civilian status. B

Executive powers

Within the executive branch itself, the president has broad powers to manage national affairs and the priorities of the government. The president can issue rules, regulations, and instructions called executive orders, which have the binding force of law upon federal agencies but do not require approval of the United States Congress. Executive orders are subject to judicial review and interpretation. The Budget and Accounting Act of 1921 put additional responsibilities on the presidency for the preparation of the United States federal budget, although Congress was required to approve it. The act required the Office of Management and Budget to assist the president with the preparation of the budget. Previous presidents had the privilege of impounding funds as they saw fit, however the United States Supreme Court revoked the privilege in 1998 as a violation of the Presentment Clause. The power was available to all presidents and was regarded as a power inherent to the office. The Congress

Powers related to legislation

The president has several options when presented with a bill from Congress. If the president agrees with the bill, he can sign it into law within ten days of receipt. If the president opposes the bill, he can veto it and return the bill to Congress with a veto message suggesting changes unless the Congress is out of session then the president may rely on a pocket veto. Presidents are required to approve all of a bill or none of it; selective vetoes have been prohibited. In 1996, Congress gave President Bill Clinton a line-item veto over parts of a bill that required spending federal funds. The Supreme Court, in Clinton v. New York City , found Clinton's veto of pork-barrel appropriations for New York City to be unconstitutional because only a constitutional amendment could give the president line-item veto power. When a bill is presented for signature, the president may also issue a signing statement with expressions of their opinion on the constitutionality of a bill's provis

Powers of appointment

Before taking office, the president-elect and his transition team must appoint people to more than 6,000 federal positions. The appointments range from top officials at U.S. government agencies, to the White House staff, and members of the United States diplomatic corps. Many, but not all, of these positions at the highest levels are appointed by the president with the advice and consent of the United States Senate. The president also nominates persons to fill federal judicial vacancies, including federal judges, such as members of the United States courts of appeals and the U.S. Supreme Court. These nominations require Senate confirmation, and this can provide a major stumbling block for presidents who wish to shape the federal judiciary in a particular ideological stance. As head of the executive branch, the president appoints the top officials for nearly all federal agencies. discuss These positions are listed in the Plum Book which outlines more than 7,000 appointive positions in

Executive clemency

Article II of the United States Constitution gives the president the power of clemency. The two most commonly used clemency powers are those of pardon and commutation. A pardon is an official forgiveness for an acknowledged crime. Once a pardon is issued, all punishment for the crime is waived. A person seeking executive clemency by pardon, reprieve, commutation of sentence, or remission of fine shall execute a formal petition. The petition shall be addressed to the president of the United States and shall be submitted to the pardon attorney, Department of Justice, Washington, D.C. 20530, except for petitions relating to military offenses. A person accepting the pardon through execution of a formal petition must, however, acknowledge that the crime did take place. The president can only grant pardons for federal offences. The president maintains the Office of the Pardon Attorney in the U.S. Department of Justice to review all requests for pardons. The president can also commute a sente

Foreign affairs

Under the Constitution, the president is the federal official that is primarily responsible for the relations of the United States with foreign nations. The president appoints ambassadors, ministers, and consuls (subject to confirmation by the Senate) and receives foreign ambassadors and other public officials. With the secretary of state, the president manages all official contacts with foreign governments. On occasion, the president may personally participate in summit conferences where heads of state meet for direct consultation. For example, President Wilson led the American delegation to the Paris Peace Conference in 1919 after World War I; President Franklin D. Roosevelt met with Allied leaders during World War II; and every president sits down with world leaders to discuss economic and political issues and to reach agreements. Through the Department of State and the Department of Defense, the president is responsible for the protection of Americans abroad and of foreign national

Emergency powers

The Constitution does not expressly grant the president additional powers in times of national emergency. However, many scholars think that the Framers implied these powers because the structural design of the Executive Branch enables it to act faster than the Legislative Branch. Because the Constitution remains silent on the issue, the courts cannot grant the Executive Branch these powers when it tries to wield them. The courts will only recognize a right of the Executive Branch to use emergency powers if Congress has granted such powers to the president. Emergency presidential power is not a new idea. However, the way in which it is used in the twenty-first century, presents new challenges. A claim of emergency powers was at the center of President Abraham Lincoln's suspension of habeas corpus without Congressional approval in 1861. Lincoln claimed that the rebellion created an emergency that permitted him the extraordinary power of unilaterally suspending the writ. With Chief Ju

Executive privilege

Executive privilege gives the president the ability to withhold information from the public, Congress, and the courts in national security and diplomatic affairs. George Washington first claimed privilege when Congress requested to see Chief Justice John Jay's notes from an unpopular treaty negotiation with Great Britain. While not enshrined in the Constitution, Washington's action created the precedent for privilege. When Richard Nixon tried to use executive privilege as a reason for not turning over subpoenaed audio tapes to a special prosecutor in the Watergate scandal, the Supreme Court ruled in United States v. Nixon that privilege was not absolute. The Court reasoned that the judiciary's interest in the “fair administration of criminal justice” outweighed President Nixon's interest in keeping the evidence secret. Later President Bill Clinton lost in federal court when he tried to assert privilege in the Lewinsky affair. The Supreme Court affirmed this in Clinton

Constraints on presidential power

Because of the vast array of presidential roles and responsibilities, coupled with a conspicuous presence on the national and international scene, political analysts have tended to place great emphasis on the president's powers. Some have even spoken of "the imperial presidency", referring to the expanded role of the office that Franklin D. Roosevelt maintained during his term. President Theodore Roosevelt famously called the presidency a "bully pulpit" from which to raise issues nationally, for when a president raises an issue, it inevitably becomes subject to public debate. A president's power and influence may have limits, but politically the president is certainly the most important power in Washington and, furthermore, is one of the most famous and influential of all Americans. Though constrained by various other laws passed by Congress, the president's executive branch conducts most foreign policy, and their power to order and direct troops as comm

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