4. The Powers of the President
Learning Intentions (Pupils should be able to):
1. Describe the powers of the US President.
2. Explain the ways in which the powers of the US
President are limited by both Congress and the
Supreme Court.
The US President is elected every four
years. Presidents can only serve a
maximum of two terms.
•Be at least 35 years of age
•A natural born citizen
•Have lived in the USA for at least 14
years
The Powers of the President
Article 11 of the US Constitution defines
the powers of the US President. It states those
powers the President can use without Congressional approval
and those where he must seek Congressional approval.
1. Commander-in-Chief of the armed forces. Presidents
have the responsibility for defending the USA (response to
‘Twin Towers’) including ordering troops overseas. However,
only Congress can declare war e.g. in Iraq or Afghanistan.
Treaties must also be approved by the Senate.
2. Power of appointment. The President appoints
thousands of people to help run the country. These include
members of the US Cabinet (e.g. Sec. of State
John Kerry, etc.). However, nominations for overseas
ambassadors and Supreme Court judges (Sonia
Sotomayor) must have the approval of the Senate.
The Powers of the President
3. Legislative Power
Every January the President speaks to Congress in the State
of the Union Address. As well as reviewing the previous year,
the President outlines spending plans and any proposals for
legislation. Note: Presidents cannot introduce legislation, only
members of Congress have this right. Congress also controls
the budget.
• Power of veto. Before legislation becomes law, Bills must be
signed by the President. If, however, the President disagrees
with a new law he can refuse to sign e.g. Bush vetoed Stem Cell
Research Bill 2006, Child Health Bill 2007 and ban on water
torture 2008.
Note: Congress has power to override the Presidential veto
if a Bill is passed by two-thirds of the representatives of both
Houses.
The Powers of the President
Powers of the President continued
• Pocket veto. A ‘pocket veto’ or indirect veto is where a Bill
remains unsigned by the President and there is insufficient
time (i.e. less than 10 days before Congress adjourns) for
Congress to reject the Presidential veto. Example: Obama
returned a Bill unsigned to increase defence spending in 2009.
• Executive Orders (EOs). The President can bypass
Congress on certain occasions by issuing Executive Orders.
EOs, in effect, allow the President to makes laws without
Congressional approval. Under Bush, 262 EOs were issued.
Obama has already issued a number of EOs
including a review of the Guantanamo detainees
and the ending of unlawful interrogation techniques.
Note: Congress can impeach or remove a
President if they suspect any wrongdoing
although use of this power this is very rare.
The Powers of the President
Executive Orders (EOs)
President Obama has released an executive order aimed at
enhancing the nation's ability to defend against electronic
attacks.
Congress can override an EO with a two thirds majority
vote
Lesson Starter
• Make a diagram which briefly
outlines the powers of the
President.
The Powers of the President
As the only person elected by all Americans,
Presidents have enormous power. In particular,
popular Presidents with a like-minded Congress,
have used their support to increase their power.
After the 9/11 attacks, Bush extended the power of the
Presidency by creating the Department of Homeland Security.
In order to fight terrorism, Bush argued, it was necessary for
the President to have greater powers of surveillance, arrest and
detention.
But with the passing of the Patriot Act (2001), some
commentators argued that Presidential power had gone too far
as this Act gave the Attorney General the power to arrest
anyone the authorities suspected of terrorism even if the courts
disagreed.
Note: In 2005, Congress checked the power of the president
when it refused to renew some parts of the Patriot Act although
much of it remains in place today.
The Powers of the President
The Supreme Court
The Supreme Court can also act as a check against the power of
the President and Congress. This is because the Supreme Court
has the power of judicial review and it can decide that any law
passed by the President and Congress is unconstitutional and
therefore it cannot be applied anywhere in the USA.
A decision of the Supreme Court cannot be appealed by any other
court.
Landmark rulings:
Affordable Care 2012
In June 2012 the US Supreme Court upheld the Affordable
Care Act, which allows the Federal government to force states
to enforce the provisions of the affordable Care Act, socalled "Obamacare."
Membership of the Supreme Court
The Supreme Court
If a Supreme Court judge retires or dies, the incumbent
President can nominate a replacement.
In August 2009 Sonia Sotomayor became the first Hispanic
Justice on the Supreme Court after the Senate approved
President Obama's nomination of her.
In August 2010, Elena Kagan became President Obama's
second appointment to the Supreme Court.
Judges though are not supposed to be partisan party
appointees.
Legislative Branch
•Checks on the
executive
•Power to declare war
•May override
presidential vetoes
•Senate approves
appointments
•Checks on judiciary
•Senate approves
federal judges
•Power to initiate
constitutional
amendments
Executive Branch
Judicial Branch
•Checks on legislator
•Vice President is the
President of the Senate
•Power to use veto
•Checks on judiciary
•Power to appoint
judges
•Pardon power
•Guardians of the
constitution
•Checks on legislator
•Judicial review- ability
to declare a law
unconstitutional
•Checks on the
executive
•Checks decisions made
by the president follow
the rules laid down by
the constitution
•Power to impeach
President
Example
The president can propose changes in law but
it is Congress to pass these changes and
present laws on behalf of the president.
However the President must sign laws. If the
president refuses to sign laws and uses the
veto it could be difficult for Congress to pass
the new law.
Having said this, if the law is passed by
Congress and signed by the President, the
Supreme Court can still deem it
unconstitutional and prevent it from being
upheld in the USA.
Congress
As the Executive and Legislator are elected separately, there
is not a guarantee that the President’s party will have control
over their party in the Legislature.
Senate: Democrat
HoR: Republican
Obama’s Health Bill
Able to pass bill as Congress was controlled by the Democrats.
Obama was also able to appoint a Latino Liberal Judge to the
Supreme Court as he had a Democrat Congress. Had the
Republicans controlled it, they would have blocked this
appointment.
Essay Question and KU
Question
• To what extent can Congress and the
Supreme Court limit the powers of the
President?
• Explain, in detail, the powers of the
president.
(8 marks)