By: Julie Davis
The President of the United States, the chief executive officer of the federal government, the leader of the executive branch, and the commander in chief of the armed forces has certain constitutional powers. How much power does he really have? Does he have too much? Does he have too little, or not enough? In my opinion, I believe that the President of the United States of America has just enough power to run our country, deal with foreign and domestic policies, and fight the War on Terror In this essay, I will discuss my opinion, what the president’s powers are under the Constitution, and whether or not the president’s role has expanded beyond these powers in domestic and foreign policy.
Under Article II, Section 2 and Section 3 of the Constitution, it outlines the powers and duties of the president. The President holds two main roles: he is the Head of State and is the Chief of Government. The powers and duties that fall under these roles are identified as two main sources of power; his expressed powers and his delegated powers. The expressed powers are specifically defined powers that cannot be revoked by Congress or any agencies without an amendment to the Constitution. The delegated powers are the powers given to the president by Congress. Examples of expressed powers are the authorization to make treaties, grant pardons, and nominate judges and other public officials. The president also has the power to receive ambassadors and command the military forces of the United States. The delegated powers under Article II of the Constitution state that the President “shall take Care that Laws be faithfully executed”. These powers delegate that the President will only have the authority to carry out decisions through identification and development. Out of every country in the world, our president is the only one with both roles as the Head of State and Chief of Government.
A third power, that is not stated in the Constitution, but is claimed occasionally by the President are inherent powers. The inherent powers are said to stem from “the rights, duties and obligations of the presidency”. These powers are exercised by presidents in times of war or national emergency. One of the President’s biggest powers that are applied as part of his inherent powers is the power to declare war.
The President’s express powers are divided into five categories. The five categories are: Military, Judicial, Diplomatic, Executive, and Legislative. Beneath the Military category, it affirms that under Article II, Section 2; the President is provided the power 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.” Beneath the Judicial category, it affirms under Article II, Section 2; the President is provided the power to “grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” Beneath the diplomatic category under Article II, Section 2; the President is provided the power “to make Treaties by and with the Advice and Consent of the Senate.” Additionally, under Article II, Section 3; the President is provided the power to “receive Ambassadors and other Public Ministers.” Beneath the Executive category, it affirms under Article II, section 3; the President is authorized to see to it that all laws are faithfully executed. Additionally, Section 2 gives the chief executive power to appoint, remove, and supervise all executive officers and to appoint all federal judges. Under the Legislative branch, it affirms under Article 1, section 7 and Article II, Section 3 that the President has the power to participate authoritatively in the legislative process.
The military authorities granted to the President are amongst the most important powers granted to someone leading the United States of America. As the President of the United States, you are granted the position as commander in chief. The position of commander and chief deems the President the highest military authority in the United States with control of the entire defense establishment. Additionally, the President is head of the nation’s intelligence network, which includes the CIA, NSC, NSA, and the FBI, which are among the most well regarded intelligence networks in the world. The constitution is the main principle in giving President’s the power to declare war; however, many Presidents’ decide to capture this power for themselves without consulting Congress. This is a resolution of Congress that the President can send troops into action abroad only by authorization of Congress, or if American troops are already under attack. For example, when President Bush responded to the attacks on the World Trade Centers in New York on September 11th, 2001 he ordered a major military campaign to overthrow the Taliban regime in Afghanistan. Again in 2002, President Bush ordered a huge American campaign against Iraq to overthrow the Iraqi dictator, Saddam Hussein, whom he believed had links to the terrorist network that attacked the United States. President Bush publically made it a point to state that he did not need Congress’s authorization to declare war against organizations deemed an imminent threat against the United States of America. This is what is called the War Powers Resolution.
The Judicial Powers granted to the President of the United States give him or her power to grant reprieves, pardons, and amnesties. Additionally, it involves power over all individuals who may be a threat to the security of the United States. Presidents may use this power to grant a reprieve on behalf of a particular individual. An example of reprieve for one particular individual would be when President Gerald Ford granted a pardon for former President, Richard Nixon, for “all offenses against the United States which he … has committed or may have committed.”
The Diplomatic Powers declare that our President is also our countries “Head of State”, or its chief representative when dealing with other countries. The title of Head of State grants the President the power to make treaties for the United States. The power of receiving Ambassadors and other Public Ministers was pushed through Congress under President Washington’s leadership in 1793. This power allows the President almost unrestricted authority to review the claims of any new ruling groups to determine whether they indeed control the territory and population they claim is theirs.
The Executive Power, which is another one of the most important power’s as chief executive states that the President must ensure that all laws are faithfully executed. Additionally, this appoints the President to assign, remove, and supervise all executive officers and federal judges. These powers, under the Constitution, basically appoint the President as the true Chief Executive Officer of the United States. Another component the President is granted as chief executive is “executive privilege”. Executive privilege claims that confidential communications between the President and close executives are to be kept confidential and are not to be revealed without express permission for the President.
The Legislative Power is broken down into two Constitutional provisions. The first of these provisions is under Article II, Section 3 of the Constitution and it states that the President “shall from time to time give to the Congress information of the State of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient.” The second provision states the President has the power to veto. The veto is the President’s constitutional power to turn down acts of Congress.
Other powers that are granted to the President are his “Delegated Powers.” These powers are not found in the Constitution but are product of congressional statutes and resolutions given to the President over the last century. The delegation of powers has been an almost inescapable consequence of the expansion of government activity in the United States.
In conclusion, my belief is that the president has just enough power to run our country, deal with foreign and domestic policies, and fight the War on Terror. Because of the President’s two main sources of power, which are his express powers and delegated powers, it enables him to fulfill his duties and obligations without having too much power over our government and legislation.
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