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Presidential Powers
CONSTITUTIONAL AND IMPLIED POWERS
OF THE EXECUTIVE BRANCH
Presidential Oath of Office
 “I do solemnly swear
(or affirm) that I will
faithfully execute the
Office of President of
the United States, and
will to the best of my
Ability, preserve,
protect and defend the
Constitution of the
United States.”
- Constitution of the United States
Article II Section 8
Executive Powers
USED BY THE PRESIDENT TO FULFILL THE
ROLE OF CHIEF EXECUTIVE
Ordinance Power
 Constitutional Authority



May issue “commands” or
“orders”
Used to run the Executive
Branch
“The executive Power shall
be vested in a President of
the United States of
America”

Constitution of the United
States, Article I Section 1
 Executive Orders

Have the weight of law


Do not have to be
approved by any other
branch or person
 Lacks checks/balances
Can be issued quickly

Not have to go through
entire legislative process
Government Positions
Appointing Power
Removal Power
 Ambassadors
•Can remove appointees
 Cabinet members
 Federal judges
 Heads of agencies
 Military officers
•Does not need legislative
approval
•High ranking officials and
executive officers
•Applies only to people
within the Executive
branch
•Or agencies/departments that
are subordinate to the Executive
branch
Military and Diplomatic Powers
USED TO FULFILL THE ROLES OF
COMMANDER IN CHIEF
AND
CHIEF DIPLOMAT
International Involvement
 Treaties
 Confers with Secretary of State
 Needs 2/3 Senate approval



Not all are approved – Treaty of
Versailles; Kyoto Protocol
Effect of Law
“Executive Agreement” – an
agreement between the
president and the leader of
another nation (not necessarily in
writing)
President Truman signing the North Atlantic Treaty
 Making War
 Unlimited power over military
 Official declaration of war comes
from Congress
International Involvement Con’t
 War Powers Resolution



Report to Congress in 48 hrs
60 days + 30 days + Declaration of War or STOP
Congress can STOP anytime
 The Bush Doctrine

Policy of the US to secure itself
against countries that harbor
or give aid to terrorist groups
“You’re either with us,
you’re with the terrorists”
 Used to justify the
2001 invasion of Afghanistan



Preventative war
Spreading democracy
or
Legislative Powers
USED TO FULFILL THE ROLE OF
CHIEF LEGISLATOR
The Lawmaking Process
 Recommending Laws



May recommend
legislation to a member of
Congress
Member of Congress
officially responsible for
writing/submitting
legislation
“Obamacare”
 Veto Power




10 days to decide
Veto may be overridden by a
2/3 vote of both chambers
of Congress
Most: FDR = 435
Most Overridden: Johnson 15
Judicial Powers
USED BY THE PRESIDENT AS A WAY TO LIMIT
THE POWERS OF THE JUDICIAL BRANCH
Checking the Judicial Branch
 Reprieve

To delay the punishment/sentence of someone convicted
 Commutation

To reduce penalties (sentences)
 Amnesty

A pardon/forgiveness for an offense, especially a political offense

Ex: Washington granted amnesty to those involved in Whiskey
Rebellion
 Pardon


To forgive of a crime and cancel any penalty
EXCEPT in cases of impeachment

Ex: President Ford pardoned former President Nixon