ALL
IN
A
DAY’S
WORK:
Understanding Presidential Authority
WHAT DOES A PRESIDENT DO?
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Compared to other parts of the Constitution, the sections outlining the powers and limits of the presidency
are surprisingly vague. Although checks and balances have been built into our federal government through the
legislative, judicial and executive branches to prevent power grabs, this is one of the main reasons there is so much
debate over what authority our leader does or does not have.
Article II of the Constitution outlines the duties of the president or the “executive branch,” which include:
Making treaties with
other nations
Issuing pardons for
federal crimes
Delivering the State of
the Union address
Gathering Congress
for special sessions
Nominating the officers
of the United States*
*Heads of governmental departments, judges, and justices
OCCUPATIONAL HAZARDS:
Among all presidential responsibilities, these have
caused the most controversy, and have evolved the
most over the history of the U.S. presidency:
Vetoing legislation
approved by Congress
Issuing executive
orders
Being Commander in
Chief of the military
THE ROLE OF THE EXECUTIVE BRANCH HAS EVOLVED WITH EVERY PRESIDENT
THAT HAS HELD THE POSITION, ESPECIALLY WITHIN THESE ROLES:
VETO POWER
Veto power
means that he or
she isn't required
to sign a bill that
Congress wants to
become law.
Once a president
vetoes a bill,
Congress can
override the veto,
but this can be
difficult, especially
with a bill that didn’t
have overwhelming
support.
Sometimes a
president can
simply threaten to
veto, and Congress
will make changes
that they hope will
help it pass.
EXECUTIVE ORDERS
An executive
order is when a
president gives
a directive to
federal or state
agencies without
input from the
legislative or
judicial branches.
All 43 presidents
have used
executive orders
to respond to
everything from
natural disasters
to promoting civil
rights.*
The Constitution
does not mention
executive orders,
but presidents
say that Article II
implies this power,
especially where it
says: “He shall take
care that the laws be
faithfully executed.”
*These can be overturned by Congress or by the courts, but until then, they are the law.
Use of veto power varies widely
among presidents. Franklin D.
Roosevelt ranks highest (635),
& Andrew Jackson has the
fewest (12).
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227
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1
FDR
BO
JA
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Franklin D. Roosevelt issued
the most executive orders,
Presidents John Adams, James
Madison and James Monroe
issued only one, while Barack
Obama falls in the middle.
DECLARING WAR
As war evolved in the 20th century, a distinction between declarations of war versus the “authorization
to use military force” was made. A formal declaration of war grants the president many additional
powers that many would object to without just cause. These include the power to:
The United States has only
formally declared war five
times:
1. The War of 1812
2. The Mexican-American War
3. Spanish-American War
4. World War I
5. World War II
Take over businesses
and transportation
Detain foreigners
Spy on citizens
without a warrant
Use natural resources
on public lands
An approval for the “use of military force” does not trigger these powers.
Since the Vietnam War, United States military actions have taken place as part of United Nations’
actions, as joint congressional resolutions, or within the confines of the War Powers Resolution – none
of which are official declarations of war.
The War Powers Act of 1973
puts limits on the ability of the
president to send troops into
combat without the approval of
Congress and limits how long
troops can be in place.
MODERN PRESIDENTIAL AUTHORITY
It is acknowledged among many that the role of president has expanded with every additional term. For many years, the president was
secondary to the power of Congress, but this changed dramatically in the 1930s with presidential reactions to the Great Depression and
World War I and World War II, when New Deal programs were used to regulate the economy, and the war required that the president lead
the country in foreign affairs. This has set the tone for all presidents that followed, and they have continued to use their executive power for
many reasons, including:
A congress that is controlled by
the opposing political party that is
unwilling to vote on legislation
To retract policies of former
administrations
To increase surveillance
after a crisis
$
For example: President Obama and
the Republican-led congress
For example: Ronald Reagan retracted
government regulations he thought
hampered the economy
For example: George W. Bush authorized
surveillance on phone calls made by U.S.
citizens and others living in the U.S. after 9/11
WHAT DO YOU THINK?
SHOULD THE PRESIDENT’S POWERS CHANGE? SHOULD THE CONSTITUTION HAVE
DIFFERENT OR CLEARER GUIDELINES FOR WHAT A PRESIDENT CAN AND CANNOT DO?
S T UDE N T GO VE R N M E N TA L A F FA IRS PROGRA M | SGA P. org |
www.blog.constitutioncenter.org/2015/12/when-congress-once-used-its-powers-to-declare-war/; www.law.cornell.edu/wex/executive_powerhh; www.law2.umkc.edu/faculty/projects/ftrials/conlaw/prespowers.html; www.nytimes.com/1984/03/29/world/how-war-powers-act-works.html; www.people.howstuffworks.com/president; www.people.howstuffworks.com/executive-order.htm;
www.presidency.ucsb.edu/data/orders.php; www.smithsonianmag.com/history/power-and-the-presidency-from-kennedy-to-obama-75335897/?no-ist