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US government and civics
Course: US government and civics > Unit 2
Lesson 4: Roles and powers of the president- Article II of the Constitution
- Formal and informal powers of the US president
- Executive orders
- Presidential signing statements
- Roles and powers of the president: lesson overview
- Roles and powers of the president: foundational
- Roles and powers of the president: advanced
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Roles and powers of the president: lesson overview
AP.GOPO:
CON‑4 (EU)
, CON‑4.A (LO)
, CON‑4.A.1 (EK)
, CON‑4.A.2 (EK)
A high-level overview of the presidency, including the president's formal and informal powers.
Why do we have a president? And how do presidents get things done?
The Framers of the Constitution wanted to ensure that the executive branch was powerful enough to act, and so in Article II of the US Constitution, they established that executive power in the United States is vested in a president, who has certain powers. The powers of the president outlined in Article II are known as formal powers, but over the years presidents have claimed other powers, known as informal powers.
Presidents campaign for office based on their policy agendas: the things they promise voters that they will attempt to accomplish while in office. They use their formal and informal powers to accomplish their policy agendas.
Key terms
| Term | Definition |
|---|---|
| cabinet | A group of presidential advisers, including the heads of the executive departments, the attorney general, and other officials chosen by the president. |
| executive agreement | An international agreement between the president and another country, which does not require the consent of the Senate. |
| executive order | A presidential order to the executive branch that carries the force of law. The Supreme Court can rule executive orders unconstitutional. |
| pocket veto | An indirect veto, which the president can use by neither signing or vetoing a bill passed by Congress fewer than 10 days before it adjourns. |
| signing statement | A presidential statement upon signing a bill into law, which explains how a president’s administration intends to interpret the law. |
| State of the Union address | The president’s annual message to a joint session of Congress, which includes recommended legislation and evaluations of the nation’s top priorities and economic health. |
| veto | The president’s constitutional right to reject a law passed by Congress. Congress may override the president’s veto with a two-thirds vote. |
Formal powers of the president
| Category | Powers |
|---|---|
| Executive | Take care that the laws be faithfully executed |
| Nominate officials (with Senate confirmation) | |
| Request written opinions from administrative officials | |
| Fill administrative vacancies during congressional recesses | |
| Foreign policy | Act as Commander in Chief of the armed forces |
| Make treaties (with Senate ratification) | |
| Nominate ambassadors (with Senate confirmation) | |
| Receive ambassadors | |
| Confer diplomatic recognition on other governments | |
| Judicial | Grant reprieves and pardons for federal offenses (except impeachment) |
| Nominate federal judges (with Senate confirmation) | |
| Legislative | Recommend legislation to Congress |
| Present information on the State of the Union to Congress | |
| Convene Congress on extraordinary occasions | |
| Adjourn Congress if House and Senate cannot agree | |
| Veto legislation (Congress may overrule with supermajority) |
Informal powers of the president
| Power | Definition |
|---|---|
| Bargaining and persuasion | Setting priorities for Congress and attempting to get majorities to put through the president’s legislative agenda |
| Issuing executive orders | Regulations to run the government and direct the bureaucracy |
| Issuing signing statements | Giving the president's intended interpretation of bills passed by Congress |
| Negotiating executive agreements | Agreements with heads of foreign governments that are not ratified by the Senate |
Key takeaway for this lesson
Beyond the Constitution — Article II of the Constitution describes the formal powers of the president, but the president also has informal powers, which have grown over time. Because the president and Congress have interrelated powers, tension frequently erupts between the two branches.
Review questions
Why are some presidential powers “formal,” while others are “informal”? What’s the difference between these two types of power?
Should presidents be permitted to make signing statements, giving their interpretation of the law, when it's Congress's job to make law? Why or why not?
Want to join the conversation?
If the president has a plan for a governmental budget, and Congress disagrees, what can Congress do to prevent this budget from passing?(5 votes)
Since a veto is a formal power, would a pocket veto also be a formal power? Though it's not stated in the constitution, it is still a veto right?(3 votes)
Pocket vetoes are enumerated in the Constitution. Article 1, Section 7 of the Constitution states "If any Bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a Law, in like manner as if he had signed it, unless the Congress by their Adjournment prevent its return, in which case it shall not be a Law."
Pocket vetoes are different from normal vetoes in the sense that normal vetoes can be overriden with a 2/3rds vote, while bills defeated by pocket vetoes must be reintroduced and voted on again by Congress.(7 votes)
Would a Line-item veto be a formal power too?(3 votes)- No; line item vetoes have been declared unconstitutional for the President to use by the Supreme Court. This was because (as the definition states) it gave the President the power to veto parts of a bill instead of the entire bill, which the president is authorized to do by Article I, Section 7 of the Constitution.So no; it's not a formal or informal power because the President doesn't have that power in the first place. Hope this helped! :D(1 vote)
- How frequently are vetoes overriden?(0 votes)
Two thirds majority is extremely rare, especially now with high polarization. Right now the two parties are really opposed and won’t compromise on anything. So to get 2/3 votes you need 2/3 of Congress controlled by a party. Basically impossible.
In the past though there were times when the parties weren’t so polarized so 2/3 majority was sometimes achieved.(12 votes)
- Since a veto is a formal power, would a pocket veto also be a formal power? Though it's not stated in the constitution, it is still a veto right?(2 votes)
- Yes, and it is stated in the Constitution. Article I, Section 7, Clause 2 says "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but...*If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.*" This is the definition of a pocket veto. You were on the right track, but remember that if it's not stated in the constitution, it cannot be formal. :)(1 vote)
- Would a pocket veto be formal?(2 votes)
- Yes! Article I, Section 7, Clause 2 states "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but...If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law." Since it's expressed in the Constitution, yes; it's formal. :)(1 vote)
How does the president try to set the agenda for the political system, especially Congress?(1 vote)- what is article II and how is your function in the government or in the congress(1 vote)
- How can the president implement a policy agenda?(0 votes)
- They can influence legislation by coordinating with his/her party. They also use the State of the Union address or the Bully Pulpit to try to get the public's support, thus they could encourage their representatives to take initiatives.(3 votes)
- If the president has a plan for a governmental budget, and Congress disagrees, what can Congress do to prevent this budget from passing?(1 vote)
