United States Constitutional Law | Attorney Vincent J. Russo

Presidential Powers

Presidential Powers: What are the powers of the Exectuive Branch of Government?

Powers of the President. The Presdient is the Chief Executive and commander-in-chief. The presdient has, teaty and foreign affairs powers. The Exectuive also has the power of appointment and veto power under the United States Constitution. What are the executive's limitations?

United States Constitution: Article II Section 2 Executive (Presidential) Powers.

The President shall have the 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.

Loophole: Under section 3 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.

Appointment Power: The presdient has the power to appoint with the Advice and Consent of the Senate, Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States. Senate approval is required. However, as described above the executive can make temporary recess apointments without the advise and consent of the Senate.

Treaty Power: The treaty power lies with the eecutive. 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.

Executive Agreements: The president has the power to make executive agreements.

Veto Power: The president has the power to veto any bill passed by congress. The president has 10 Days to veto the bill passed by both houses of congress. If the president does not sign the bill it will auomatically become law after 10 days.

Removal & Impeachment: The President, Vice President and all civil officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Executive Privilege: Qualified Privilege with respect to disclosure of confidential information.

Civil Liability: Absolute immunity with regard to offical acts. However, not to unofficial conduct (Clinton v. Jones).