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A Review of Presidential Powers and Duties

The Constitution & Federalist Papers give Expressed & Inherent Power

Jul 30, 2008

What is the role of the President of the United States? With the coming presidential election, voters should understand the president's executive power.

“The Leader of the Free World”, “the morale conscious of America and “the person in charge of the United States government” are a few of the phrases used to describe the President. The actual job is considerably different. A review of governmental documents reveals the true duties and responsibilities. These documents will also help determine expressed and inherent powers. These documents will highlight the president's executive power.

The Constitution – Expressed Powers

The Constitution is the document that forms the foundation of our government. It highlights the power that is taken from the citizens and given to the President. This is expressed power. According to Article II, Section 2, the President shall:

be the Commander-in-Chief of the armed services
have the power to grant reprieves and pardons
have the power to make treaties (with concurrence of the Senate)
appoint Ambassadors, Supreme Court judges, and all other Officers of the United States
appoint vacancies that may occur during the recess of the Senate
receive Ambassadors and other public Ministers
care that the laws be faithfully executed

Additionally, the President shall

recommend to Congress measures for their consideration (propose a bill)
approve or veto every Congressional bill (vetoes may be over-ridden)

Inherent Powers

According to Henry Campbell Black in Black’s law dictionary (Vol. 8), the definition of inherent power is “a power that necessarily derives from an office, position, or status.” Inherent power makes presidential power difficult to limit. Presidents ranging from Democratic Harry Truman to Republican George W. Bush have conducted activity claiming inherent powers. President Truman initiated the Korean War and nationalized steel mills in support of that war claiming inherent powers. President G. W. Bush labeled Al Qaeda as "enemy combatants" and approved NSA wire tapping claiming inherent powers. Discourse within the legislative and judicial branches limit or confirm inherent power. These checks and balances limit the power of the executive branch.

The Federalist Papers – Expressed and Inherent Power

These Papers are a series of informative brocures written by our founding fathers. The authors wrote them to help convince the various states to ratify the Constitution. These documents are not law. However, they do give some inherent power to the President. Judges use the Papers to help clarify opinions if the Constitution is vague or fails to address a specific situation.

Article 69 establishes that the President is not a King. The President works with Congress and the judicial system to form our government. Article 74 further defines the role of the Commander-in-Chief. This article states, “The direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand.” Article 74 recognizes that military strategy needs the focus of a single branch. However, it does not detract from Congresses ability to influence national strategy (through debate and budget control).

Media Influence – Inherent Powers

The media gives influence to the president. In times of reduced staffing and outsourcing among media outlets, the president gains significant power through the bully pulpit. If the media outlet wants information, it is easier to go to one single individual than 535 individual members of Congress. The president’s agenda is easier to transmit than Congresses agenda. Additionally, many foreign news agencies believe the president runs our government. This gives him considerable persuasion power overseas. This media influence, by default, makes the president the moral character of the United States.

Presidential Elections

The United States does not have a national preseidential election. Fifty state elections combine to elect the president. With the combination of 50 state elections, the president aquires the only national constituency. Voters should understand the true powers and responsibilities of the presiedent. They should then cast their ballot for the candidate that will best fulfill these roles. They should not elect a president based on the media’s opinion of the best candidate.

The copyright of the article A Review of Presidential Powers and Duties in US President is owned by Scott Jackman. Permission to republish A Review of Presidential Powers and Duties in print or online must be granted by the author in writing.