The Powers and Limitations of the President

The President of the United States as part of the executive branch of government is granted certain powers by the Constitution, but those powers are far from absolute. For purposes of the MBE it's important to understand both the powers of the President as well as the limits placed upon whoever holds the position.

The following are the key points to keep in mind:

~ The President has the power to appoint all ambassadors, other public ministers and consuls, justices of the Supreme Court, and all other officers of the United States. Congress, however, vests the appointment of "inferior officers."  It should be noted that Congress may not appoint members of a body with administrative or enforcement powers (often tested).

~ The President can remove high level executive officers (for example, members of the cabinet), and may do so at will without any interference from Congress. Congress, however, may provide limitations on the power of the President to remove all other executive appointees. If Congress itself wants to remove executive officers it may do so but only through the impeachment process.

~ The President may grant pardons for all federal offenses but not for impeachment or for civil contempt. Congress has no power to limit the pardon power of the President.

~ The President can veto an act of Congress, but that act may still become law if the veto is overridden by 2/3 vote of each house.  Importantly, the veto power only allows the President to approve or reject a bill in total; there is no right granted to cancel part of a bill and approve other parts (a line-item veto). The President has 10 days to exercise the veto power. If not exercised in that time span the bill is automatically vetoed if Congress is not in session. If Congress is in session, the bill becomes law.

~ The President may act militarily in hostilities against the United States without a formal declaration of war by Congress.  The President, however, has no power to declare war.

~The President has the power to enter into treaties with foreign nations, but such treaties require the consent of 2/3 of the Senate.  If there is a conflict between a treaty and a valid congressional act, the one that occurred most recently prevails.  A treaty, however, never prevails over the Constitution.

~The President has the power to enter into executive agreements with foreign nations, and these agreements do not require consent from the Senate.  If a state law conflicts with an executive agreement, the executive agreement prevails, but if a federal law conflicts with an executive agreement, the federal law prevails.

~ The President is given a privilege to keep certain communications secret.  But in criminal proceedings, communications involving the President will be available where a need for such information is demonstrated.

~ The President has immunity from civil damages based on any action he took within the official responsibilities of the office but there is no immunity for acts that occurred prior to taking office.

~ The President is subject to impeachment. Grounds for impeachment include treason, bribery, and high crimes and misdemeanors. A majority vote in the House is needed to invoke charges against the President, and a 2/3 vote in the Senate is necessary to convict and remove from office.