What are the delegated powers of the president?

There are three categories of presidential power:

1. Constitutional powers: powers explicitly granted by the Constitution
2. Delegated powers: powers granted by Congress to help the president fulfill his duties
3. Inherent powers: powers inherent in the president’s power as chief of the executive branch

Constitutional and delegated powers make up the expressed powers because these powers are clearly outlined in the Constitution. Presidents have interpreted inherent powers differently, sometimes in ways that grant the president great power.

Emergency Powers

The most common inherent powers are emergency powers, exercised only in times of great need. Some emergency powers are limited in scope. The president can declare a place devastated by a storm a federal disaster area, making it eligible for federal aid. Other emergency powers are much vaster in scope. During the Civil War, for example, President Abraham Lincoln spent money without congressional approval, and he also suspended a number of civil liberties, including the writ of habeas corpus.

Executive Orders

Another type of inherent power is the executive order, which is a rule or regulation issued by the president that has the force of law. The president can issue executive orders for three reasons:

1. To enforce statutes
2. To enforce the Constitution or treaties
3. To establish or modify how executive agencies operate

All executive orders must be published in the Federal Register, the daily publication of federal rules and regulations.

Executive Privilege

Executive privilege is the right of officials of the executive branch to refuse to disclose some information to other branches of government or to the public. It includes refusing to appear before congressional committees. Executive privilege is an inherent power that is not clearly defined, and the courts have had to set limitations on the use of the privilege. In 1974, for example, the Supreme Court ruled that executive privilege could not be invoked to prevent evidence from being used in criminal proceedings against the president.

Abuse of Power and Impeachment

If the president abuses power, the House of Representatives can impeach him, or formally charge him of committing crimes severe enough to call for removal from office. The Senate then tries the impeached president to determine whether he is innocent or guilty of the charges. If convicted, the president is removed from office. Two presidents have been impeached— Andrew Johnson in 1867 and Bill Clinton in 1998—but no president has been convicted by the Senate and removed from office. Richard Nixon would probably have been convicted for his involvement in the Watergate scandal, which is why he resigned in 1974 before the House began impeachment proceedings.

Presidential Leadership

To be successful, a president must be a strong leader, someone who successfully engages in statecraft, the combination of power and wisdom in service of the public good. Scholars have long studied the art of statecraft and have debated what it takes for a president to be successful. Stagecraft always includes the following traits:

• Political skill: the ability to persuade, cajole, or coerce people
• Prudence: the ability to apply general principles to specific situations in a successful manner
• Opportunity: the ability to behave in decisive and meaningful ways

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The Constitution is the founding document for the U.S. federal government. The 10th Amendment makes explicit that any powers not delegated by the Constitution to the federal government are left to the states or the people. Those powers delegated, or assigned, to the executive branch, with the president at its head, are described in Article II of the Constitution, and the implied powers of the president are limited compared to the explicit powers that the Constitution grants.

Section 1 of Article II places the ultimate executive power of the federal government in the office of the president. As chief executive, the president controls the administration of the federal government and oversees a vast network of law enforcement agencies that assist in enforcing laws passed by Congress. Enforcement power can be interpreted broadly. For example, President John F. Kennedy ordered U.S. marshals and members of the army to enforce a court order that compelled the University of Mississippi to admit black students. The president appoints the heads of executive branch agencies, 15 of whom also are members of the cabinet. People nominated for those posts must be confirmed by the Senate. Cabinet members advise the president on issues in their areas of expertise. Executive agencies issue regulations to ensure compliance with federal laws.

President Harry Truman had a sign on his desk reading "the buck stops here," a saying that meant he couldn't pass on responsibility to anyone else. As head of the federal government, the president reviews legislation passed by Congress before they become law. Presidents who disagree with a law may veto it. Congress may override a veto with a two-thirds majority, but this seldom happens. Additionally, the president has the power to issue executive orders, which have the force of law but don't require congressional approval. While executive orders aren't explicitly mentioned in the Constitution, they're implied by the grant of executive power. Presidents also have the power to issue pardons for violations of federal law. For example, Presidents Gerald Ford and Jimmy Carter issued amnesties, or blanket pardons, for all men who had evaded the draft during the Vietnam War.

The Face of the Nation

The president also serves as chief of state, the symbol and voice of the nation in international affairs. The president sends and receives ambassadors and conducts diplomacy, along with the implied power to officially recognize foreign governments. The Constitution grants the president authority to negotiate treaties on behalf of the United States, although agreements require a two-thirds vote of the Senate before they become binding. The president also has the power to make executive agreements with leaders of other countries. Like executive orders, these agreements don't require congressional approval. However, while treaties supersede any contradictory U.S. law, executive agreements do not. Although not explicitly mentioned in the Constitution, executive agreements have been considered an implicit part of presidential power since 1803, when President Thomas Jefferson completed the Louisiana Purchase without any input from the Senate.

Desperate Times, Desperate Measures

Emergency powers are among the most controversial powers U.S. presidents claim. While the power to act decisively in a crisis situation isn't granted to the president outright, it isn't delegated to Congress either. Emergency powers are considered implied powers, derived from the president's constitutional duty to "preserve, protect and defend" the Constitution and the president's role as commander-in-chief of the armed forces. Although Congress alone has the power to declare war, the president can commit troops in a variety of international situations without a formal declaration of war. In times of war, presidents use executive orders to defend national sovereignty, as President Franklin D. Roosevelt did by creating Japanese internment camps during World War II. President Truman seized American steel mills when North Korea invaded South Korea -- a use of emergency powers that was later ruled unconstitutional by federal courts.

Under Article II of the United States Constitution. The President:

• Has the power to approve or veto bills and resolutions passed by Congress
• Through the Treasury Department, has the power to write checks pursuant to appropriation laws.
• Pursuant to the Oath of Office, will preserve, protect, and defend the Consitution of the United States.
• Serves as Commander-in-Chief of the United States military, and militia when called to service.
• Is authorized to require principle officers of executive departments to provide written opinions upon the duties of their offices
• Has the power to grant reprieves and pardons for offenses against the United States, except in the cases of inpeachment.
• Has the power to make treaties, with the advise and consent of Congress.
• Has the power to nominate ambassadors and other officials with the advise and consent of Congress.
• Has the power to fill vacancies that happen when the Senate is in recess that will expire at the end of the Senate's next session.
• Shall periodically advise Congress on the state of the union and give Congress recommendations that are thought necessary and expedient.
• Has the power to convene one or both houses of Congress during extraordinary occasions, and when Congress cannot agree to adjourn has the power to adjourn them when he thinks the time is proper.
• Has the duty to receive ambassadors and other public ministers.
• Has the duty to see that the laws are faithfully executed.
• Has the power to commission the officers of the United States.