What are the Presidental Powers?

[Warph]

All the talk for a week has been about new U.S. president Barack Obama.  So, as he starts work in the Oval Office, it might be a good time to review his job description, as it appears in the U.S. Constitution.

Of course, presidential power has evolved plenty since 1787, and today presidents have powers and privileges not specifically mentioned in the Constitution--for it gives the president fewer than a dozen key jobs.  Know what they are?



Enumerated Powers

Article II says that the nation's "executive power shall be vested in a President of the United States of America." It specifically enumerates these six powers:

Being "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." Suspicious of standing armies, the framers made sure the military had a civilian head. To further check and balance, they gave Congress the power "to declare war," "raise and support armies," "provide and maintain a navy," and "make rules for the government and regulation of the land and naval forces." Of course, that hasn't stopped presidents from sending troops into battle without congressional declarations of war.


The right to "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." Compared to commanding the troops, "requiring opinions" may sound like handing out homework. But it's part of the president's role as boss of the federal bureaucracy. The executive branch is by far the biggest of the government, employing 4 million people (including active-duty military personnel).


The "power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." Presidential pardons are final. Neither Congress nor the courts can review them. Constitutionally, the president is the forgiver in chief.


The "power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur." In practice, presidents and their executive branch officers negotiate and sign treaties without much senatorial "advice," but those treaties aren't binding on the United States unless the Senate ratifies them. Presidents sometimes avoid ratification problems by signing "executive agreements" with foreign governments rather than treaties per se.


The power to "nominate, and by and with the advice and consent of the Senate, . . . appoint ambassadors, other public ministers and consuls, judges of the Supreme Court," and "other officers of the United States." This has come to mean that the president submits some 2,000 civilian appointments, and more than 30,000 military ones, for Senate confirmation every year. The Senate confirms nearly all of these.


The "power to fill up vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session." When the Senate isn't in session, the president can appoint people to important jobs even without its advice and consent. Such "recess appointments" are often controversial and don't make the Senate happy. It has always guarded its constitutional right to provide "advice and consent" on important appointments.



Enumerated Responsibilities

Along with those six enumerated powers, Article II of the U.S. Constitution enumerates three key responsibilities. According to the framers, the president must:

"From time to time give to the Congress information on the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient." The president is not charged with formally proposing legislation. That's Congress's job. But, from recommending measures based on "the state of the union" to signing bills into law, the president is supposed to play a key role.


"Receive ambassadors and other public ministers." This means lots of state dinners and photo ops--black tie often required. What's more important, though, is that it means the president is the nation's head diplomatic honcho. He is the head of state.


"Take care that the laws be faithfully executed." This one is crucial. It charges the president with the fundamental mission of the executive branch--to execute the laws. Along with being commander in chief, this may be the broadest, most expansive presidential responsibility or power in the Constitution.
The president is also charged with commissioning "all the officers of the United States" (commissioning comes after they've already been approved by the Senate) and is empowered to convene special sessions of Congress "on extraordinary occasions." But that's mashed potatoes compared to executing the laws and commanding the troops.