Power of the President

Power of the President

The executive power shall be vested in a President of the United States of America," (Article II, Section1). The United States Constitution outlines the various powers, duties, and rights of the President mainly in Article Two, after treating the various roles of congress. The President functions simultaneously as the Chief and Head of State, as the Commander in Chief of the United States Army, as Chief Legislator and Diplomat, as the manager of the economy and the state of the union, and as the head of his political party. Some of these roles are not specifically mentioned in the Constitution. An examination of the Constitution reveals that the Chief Executive of the United States is endowed with much power. He alone has the power to pardon high treason or to make treaties with foreign nations, for instance. However, because of the intricate system of checks and balances provided for in the Constitution, the President of the United States does not have too much power.

The president's powers are not absolute and are limited by provisions listed in the Constitution. For example, Article II, Section 1 specifies a four-year term for the President to hold office. This is a reasonable length of time, during which he is also attended by his Vice President and cabinet members. Moreover, congress plays an integral role in the electoral process, which utilizes Congress-appointed electors. The President must be thirty-five years of age, a "natural born citizen," and must have lived in the United States for at least fourteen years. Limiting who can run for office indirectly limits the powers of the president.

Section Two directly outlines the various powers, roles, and functions of the President. "The president shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states." Empowering the president to preside over the military forces of the nation is absolutely necessary to maintain order and to smooth the decision-making process. While the president will consult with his aides in making military decisions, as commander in chief he will always retain the right to act as he sees fit. When decisive military action is required, a cacophony of voices can be detrimental and even dangerous. For example, during the current war in Iraq, if the commander in chief was someone other than the president, he or she would frequently make decisions that would run counter to current matters of foreign policy or diplomacy. Therefore, the President needs to be invested with this power in order to maintain harmony and consistency in all matters of state and foreign policy. Moreover, the Constitution provides for a balance of power between the president and the heads of various divisions of the military: "he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices," (Article II, section 2).

The power to grant pardons made headlines under President Clinton. This power is specified in Article II, section 2: "He shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." The president is also endowed with the power "to make treaties, provided two thirds of the senators present concur," (Article II, section 2). In the instance of granting pardons, only the president is vested with this option. It is his right and privilege to grant a pardon when he (or she) sees fit. However, the president must work with congress on most other matters, such as drafting treaties with foreign powers.

Section Three of Article Two also outlines the president's power to appoint ambassadors, public ministers, judges of the Supreme Court, and "all other officers of the United States." In this way, the President can arrange a compatible cabinet with which to work. His policies and actions will be thwarted often by congress, but rarely by those he has appointed in his name. Moreover, this power relates to the president acting as the head of his political party. As President, he is expected to appoint officers that are party-loyalists. The president's power to "fill up all vacancies" in the Senate is similar (Article II, Section 2).

As chief legislator, the President "shall take care that the laws be faithfully executed, and shall commission all the officers of the United States." Although the president of the United States embodies the executive branch of government, he must serve as the guiding force behind the law. As the head of state, the president can influence the nature of new laws passed and how they are enforced.