U.S. History
What Can the President Actually Do?
Examining Article II of the U.S. Constitution
Last week you read about Article I of the U.S. Constitution. You learned that the primary
power legislative branch of the government is the ability to make laws. Article II of the U.S.
Constitution focuses on another branch of the U.S. Government: the executive branch. The first
section of Article II explains the process that the country must use for electing a president (i.e. the
electoral college), the qualifications a person must meet to run for president (at least 35 years old,
natural born citizen) and how long a president’s term lasts (4 years).
Section 2 of Article II focuses on the powers that the U.S. Constitution gives to the president.
Most Americans are unaware of what the president can and cannot do. Below is an excerpt from the
U.S. Constitution.
Excerpt from the U.S. Constitution
Article II, Section 2. Powers 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, when called into the
actual Service of the United States; 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, and he
shall have Power to grant Reprieves and Pardons for Offences against the
United States, except in Cases of Impeachment.
Vocabulary
Militia(n) a military force made up
of civilians used to help the
nation’s military
Executive Departments (n):
Cabinet positions (i.e. Secretary of
State)
Reprieves (n): delays or
cancellations of punishment
Pardons (n): official forgiveness
He shall have Power, by and with the Advice and Consent of the Senate,
to make Treaties, provided two thirds of the Senators present concur; and
he shall nominate, and by and with the Advice and Consent of the Senate,
shall appoint Ambassadors, other public Ministers and Consuls, Judges of
the supreme Court, and all other Officers of the United States, whose
Appointments are not herein otherwise provided for, and which shall be
established by Law: but the Congress may by Law vest the Appointment
of such inferior Officers, as they think proper, in the President alone, in
the Courts of Law, or in the Heads of Departments.
Consent (n): permission
Treaties (n): agreements with
foreign countries
Concur (v): agree
The President shall have Power to fill up all Vacancies that may happen
during the Recess of the Senate, by granting Commissions which shall
expire at the End of their next Session.
vacancies (n): openings
… he shall receive Ambassadors and other public Ministers; he shall take
Care that the Laws be faithfully executed, and shall Commission all the
Officers of the United States.
Ambassador (n): an official
representative to a foreign country
vest (v): give, grant
executed (v): enforced
Earlier this week you read an article written by Linda Monk about the evolving nature of the
Constitution. In that article she argued that the meaning of the first three words of the Preamble
(“We the People”) has become more inclusive overtime. In 1787, “We the People” referred only to
wealthy, white men. Throughout American history, the phrase “We the People” has been expanded
to women, people of color, impoverished and even young Americans. This evolving nature of the
Constitution is not limited to the Preamble. As you read through the excerpts from Monk’s book,
keep in mind the concept of the “evolving nature of the Constitution.”
Excerpt from The Words We Live By (Linda Monk)
The president is the commander-in-chief of the armed forces,
but Congress has the sole power to declare war and to raise and
support armies. According to the [founding fathers], an
important advantage of this system is that it would delay the
decision to go to war. However, since World War II, presidents
have repeatedly sent American troops into combat without a
declaration of war by Congress. [U.S. Presidents Dwight
Eisenhower, John Kennedy and Lyndon Johnson all sent troops
to fight in either the Vietnam and Korean wars without an
official declaration from Congress.]
The president’s emergency powers as the commander-in-chief
have not been limited just to the use of armed forces. During
the Civil War, President Abraham Lincoln argued that he was
authorized to suspend the writ of habeas corpus, a constitutional
right that protects citizens from arbitrary arrest…Presidents
Woodrow Wilson and Franklin D. Roosevelt both claimed that
emergency powers gave them the ability to regulate the
economy during wartime. Franklin Roosevelt also issued an
executive order during World War II that allowed the
internment in concentration camps of 120,000 Japanese
Americans, two-thirds of whom were natural born U.S. citizens.
[According to the Constitution], It is the sole responsibility of
the president to negotiate treaties with foreign nations, but such
treaties do not become binding on the United States without the
approval of the Senate. …To avoid conflict with the Senate,
presidents have increasingly relied upon executive agreements
to achieve foreign policy goals. These executive agreements
with other countries do not require the approval of the Senate.
Vocabulary
Arbitrary (adj): random, without just cause
Executive order (n): A rule issued by the
president and having the strength of a law
Internment (n) imprisonment, confinement
Negotiate (v): To try and reach an agreement
with others
Binding (adj): official, unbreakable
The Executive Branch – Before & After
18th Century
20th Century
Name:
Date:
Core:
U.S. History
What Can the President Actually Do?
Guided Reading Questions
Directions: Use the text to answer the following questions.
1. According to the text, what are two qualifications a person must meet in order to be elected
president? ____________________________________________________________________
______________________________________________________________________________
2. How long is a president’s term in office?____________ ________________________________
3. Read over Article II, Section 2. of the U.S. Constitution. In the space provided, list 4 specific
powers that are granted to the president through the Constitution.
Excerpt from the U.S. Constitution
Powers of the President
Article II, Section 2. Powers 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, when called into the actual Service of the
United States; 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,
and he shall have Power to grant Reprieves and Pardons for
Offences against the United States, except in Cases of
Impeachment.
1. _____________________________
_____________________________
_____________________________
2. _____________________________
_____________________________
He shall have Power, by and with the Advice and Consent
of the Senate, to make Treaties, provided two thirds of the
Senators present concur; and he shall nominate, and by and
with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of
the supreme Court, and all other Officers of the United
States, whose Appointments are not herein otherwise
provided for, and which shall be established by Law: but the
Congress may by Law vest the Appointment of such inferior
Officers, as they think proper, in the President alone, in the
Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that
may happen during the Recess of the Senate, by granting
Commissions which shall expire at the End of their next
Session.
… he shall receive Ambassadors and other public Ministers;
he shall take Care that the Laws be faithfully executed, and
shall Commission all the Officers of the United States.
_____________________________
3. _____________________________
_____________________________
_____________________________
4. _____________________________
_____________________________
_____________________________
4. Look at this excerpt from the text, “In that article she argued that the meaning of the first
three words of the Preamble (“We the People”) has become more inclusive overtime. In
1787, “We the People” referred only to wealthy, white men. Throughout American history,
the phrase “We the People” has been expanded to women, people of color, impoverished and
even young Americans. “
What does the word “inclusive” mean? ______________________________________________
______________________________________________________________________________
5. What did the author mean when he wrote “the evolving nature of the Constitution is not
limited to the Preamble?” ________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
6. Look back over the excerpt from The Words We Live BY in the text. Identify some of the new
powers that presidents have acquired since the Constitution was first written.
Excerpt from The Words We Live By (Linda Monk)
The president is the commander-in-chief of the armed
forces, but Congress has the sole power to declare war and
to raise and support armies. According to the [founding
fathers], an important advantage of this system is that it
would delay the decision to go to war. However, since
World War II, presidents have repeatedly sent American
troops into combat without a declaration of war by
Congress. [U.S. Presidents Dwight Eisenhower, John
Kennedy and Lyndon Johnson all sent troops to fight in
either the Vietnam and Korean wars without an official
declaration from Congress.]
The president’s emergency powers as the commander-inchief have not been limited just to the use of armed forces.
During the Civil War, President Abraham Lincoln argued
that he was authorized to suspend the writ of habeas corpus,
a constitutional right that protects citizens from arbitrary
arrest…Presidents Woodrow Wilson and Franklin D.
Roosevelt both claimed that emergency powers gave them
the ability to regulate the economy during wartime.
Franklin Roosevelt also issued an executive order during
World War II that allowed the internment in concentration
camps of 120,000 Japanese Americans, two-thirds of whom
were natural born U.S. citizens.
[According to the Constitution], It is the sole responsibility
of the president to negotiate treaties with foreign nations,
but such treaties do not become binding on the United States
without the approval of the Senate. …To avoid conflict
with the Senate, presidents have increasingly relied upon
executive agreements to achieve foreign policy goals. These
executive agreements with other countries do not require the
approval of the Senate.
New Powers of the President
1. _____________________________
_____________________________
_____________________________
2. _____________________________
_____________________________
_____________________________
3. _____________________________
_____________________________
_____________________________
4. _____________________________
_____________________________
_____________________________