The Presidency
Analyze formal and informal presidential powers, unilateral action, agenda setting, foreign policy, appointments, and public persuasion.
A lesson of AP United States Government and Politics, in Branches and Bureaucracy, about 10 minutes.
The Presidency: Powers, Constraints, and Leadership
By the end of this lesson, you will be able to explain formal and informal presidential powers, analyze constraints on the presidency, and evaluate how presidents use their power.
Constitutional Basis
Article II establishes the executive branch and the presidency. The Framers debated executive power extensively — they wanted energy in the executive while fearing monarchy.
Key Article II provisions:
- The President is commander in chief of the armed forces
- The President may require opinions from department heads in writing
- The President may grant reprieves and pardons for federal offenses
- The President makes treaties (subject to Senate ratification, 2/3 majority)
- The President nominates judges, ambassadors, and principal officers (subject to Senate confirmation)
- The President must faithfully execute the laws
Formal (Constitutional) Powers
Executive powers:
- Commander in chief: President commands all U.S. military forces
- Pardons: Can pardon any federal (not state) crime
- Executive orders: Directives that have the force of law within the executive branch
- Appointments: Cabinet members, federal judges, ambassadors, agency heads — with Senate confirmation
- Vetoes: Can reject legislation; Congress overrides with 2/3 in both chambers
Legislative-related powers:
- State of the Union: Must address Congress on the state of the nation
- Recommending legislation: Can propose legislation (though Congress doesn't have to act)
Diplomatic powers:
- Treaties: Negotiates with Senate ratification (2/3)
- Executive agreements: International agreements not requiring Senate ratification (used far more than treaties)
- Recognition: Recognizing or not recognizing foreign governments
The Expansion of Presidential Power
The Framers designed a government with Congress as the dominant branch — Article I is the longest. But over time the presidency has accumulated more power:
War powers: Presidents have used military force without congressional declarations of war (Korea, Vietnam, Iraq 2001). The requires notification within 48 hours and withdrawal after 60 days without congressional authorization — but presidents have often circumvented it.