Role and powers of the U.S President in the U.S constitution.
1) Introduction
● The president of the United States performs a lot of functions in order to run the official affairs. He has supreme authority in all aspects of the state as well as he is the executive person of the state elected by the people. U.S president is an electoral president who has supreme authority in making foreign policies. In the U.S president is responsible for making policies and is answerable to the public. A competent president can exercise his all powers which are not mention in U.S constitution
2) Elections of President
● The United States presidential election is the indirect elections in which citizens of
the United States that are registered to vote in one of the 50 U.S. states. These electors cast their votes in order to choose their beloved president for U.S. Election of Vice President has the same procedure as for president
3) Position of president
● The U.S constitution has vested the executive powers in the president. The President of the United States is the elected head of state and head of government of the United States. The president directs the executive branch of the federal government and is
the commander-in-chief of the United States Armed Forces. The President is considered to be one of the world's most powerful political figures who is leading the world
4) Sources of powers of president
Following are the sources from where the president of the U.S derives his power and authority
1) Constitution
2) Statutes of Congress
3) Judicial decisions
4) Customs and traditions
5) Powers of U.S president
Powers of U.S president are as under
1) Executive powers
2) Legislative powers
3) Judicial powers
4) Financial powers
5) Powers in foreign affairs
I. Executive powers
● The U.S constitution has vested the executive powers in the president. But is silent in the ways that these powers can be exercised. Different aspects of president’s executive powers are as follows:
a) Enforcement of law
● The president is responsible for the enforcement of laws which are made by the congress. In case of any resistance ,the president has the power to use force
b) Powers of appointments
● U.S president has power of appointments of official on the advice of senate as well as some persons of the state only can be appointed by president
⮚ Recess appointment
● The president can appoint a person during the recess of the senate and when senate come back and it can refuse to confirm the appointment
⮚ Senatorial courtesy
● Senate gives approval to presidential appointment of federal official, but if the senator of respective district does not give his consent, then senate will not approve the presidential appointment
c) Powers of removal
● The president has power to remove an officer appointed by him or senate even without the consent of senate
d) Chief Administrator
● The president is the head of the national administration. He has powers to supervise its operations and has the right to control the entire administration
e) Military powers
● The president is commander in chief of the Armed forces of the state. He is responsible for the defense of the United States. He has fully authorized to deploy the armed forces anywhere in and out of the country
● It was declared that president can use military in emergency with full authority
f) Executive privilege
● According to supreme court of U.S, president of the united states does have a limited privilege on the matters under his control
II. Legislative powers
Under certain conventions, president has power of legislation and congress has appreciated the legislative role of the president
a) Messages
● President can send messages to the congress having legislative proposals on important issues and congress gives importance to those proposal during legislation
b) State of the Union addresses
● The first address of the president to each session of congress is known as the state of the union addresses. At the first session of congress president is required by law to send congress a budget message and economic report
c) Organizing extra session of the congress
● President can’t summon extra session of the congress but can summon extra sessions of the congress under emergencies arises
d) Veto powers
● The president can exercise his veto power in the legislative field. There are following kinds of veto power
⮚ Suspensive veto
● According to it, the president can return the bill to the congress for reconsideration. If the bill passed it will become law without the consent of president
⮚ Pocket veto
● A pocket veto is an easy way to veto a bill. If Congress forwards a bill to the president and the president doesn’t sign or reject it, the bill isn’t passed. That’s a pocket veto
⮚ Item veto
● According to this, the president can approve parts of a bill and veto other parts , it is called item veto
e) Executive decrees and order
● The president is authorized to broadcast executive decrees and orders and these are as valid as laws
f) Direct pressure on the congress
● As the president is the leader of the nation. When presidents fail to win the confidence of the house. He puts a pressure on the congress in order to achieve his targets
III. Judicial powers
A president enjoys the following judicial powers
a) Appointment of judges
● The president has power to appoint the judges with the approval of senate
b) Power of pardon
● The president has power to grant pardons to offenders. A pardon is a release from liability of punishment. It can be conditional or absolute.
c) Amnesty power
● The president may grant amnesty. It is group pardon given to batch of offenders it means that all offenders would be released having same allegations
IV. Financial powers
Following are the financial powers of the president
a) General Manager of financial affairs
● The president of America is the general manager of the financial affairs of the government. He directs and control finance affairs
b) Control over budget
● Federal budget is prepared by the Bureau of Budget under the supervision of the president. President submits estimated annual expenditure of the state for approval
V. Powers in foreign affairs
Powers of president in foreign affairs are as under
a) Diplomatic powers
● The president is regarded as the chief spokesman of America in its relation with foreign governments. The most important function of the president is to formulate the foreign policies of the county
b) Recognitions of states
● The president has the authority to recognize countries. He does this ,simply by receiving diplomatic representatives of the respective country
c) Treaty making power
● With the consent of majority of two third of senate, president can make treaties with other country
d) Agreement making power
● The president has power to make agreements with other countries and there is consent of the senate is not needed in this regard
e) Declaration of war
● The president of U.S has power to declare war with the consent of senate
f) Termination of hostilities
● The president of U.S has exclusive power to terminate hostilities
6) Emergency powers
1. Meaning of emergency
● a serious, unexpected, and often dangerous situation of the country which requiring immediate action is called emergency
2. Source of emergency powers
● The American constitution is silent about the emergency powers of the president but the president can exercise certain powers during an emergency. While the Supreme Court of the U.S states that emergency neither creates powers nor increases powers which already have been given by constitution. But congress gives a lot of powers to president during emergency
3. Kinds of emergency
President may announce two types of emergencies
1) Limited emergencies
2) Unlimited emergencies
4. Limitation on emergency powers
● The president will have to act within the limits set by the constitution otherwise his action would be declared as invalid by the Supreme Court
7) Impeachment of president
● According to Article 2, Section 4 of U.S constitution, the president shall be removed from office on impeachment and conviction shall be made against him for bribery or other high crimes and misbehaviors
1. Procedure of impeachment
● The United States Constitution states in Article II, Section 4 all officials shall be removed from office on impeachment. The removal of a sitting President of the United States has never occurred in our history. The senate may convict the president by two third majority of its members. The president Johnson was the only president against whom impeachment procedure was adopted but he has not been convicted
8) Conclusion
● The President of America is one of the most powerful personalities in the present day in an international world. It is president of U.S who has to decide when to lead the congress, when to consult it and when to act solely