The Executive Powers
What are the Executive Powers?The executive powers come from the Constitution and also from acts of Congress. The executive powers that the President has are the power to execute and interpret the law of the land, to issue executive orders, to appoint public officials, to remove appointed officials, and to use executive privilege to withhold information from Congress and the federal courts.
President's Chief Executive PowerThe President enforces and carries out all federal laws. His authority comes from 2 sources:
1.) The oath of office This requires the President to "faithfully execute the Office of President" and "protect and defend the Constitution." 2.) The Constitutional requirement This requires that the President "take care that the laws be faithfully executed." The President also decides how laws should be administered and enforced. |
The Ordinance PowerThe ordinance power states that the President has the power to issue executive orders, which are rules and regulations that have force of law. The President has this authority in order to use some executive powers granted by the Constitution. Congress has delegated the authority to direct and regulate many legislative policies and programs to the President.
The Appointment PowerThe appointment power states that the Constitution grants the President the ability to appoint federal officials. This power is necessary to ensure that presidential policies are carried out. The President appoints only some officials, not all. He roughly appoints 3,000 of the 2.7 million federal workers. The rest are hired according to civil service laws.
Presidential Appointments and RemovalsPresident appoints top-ranking officials such as: cabinet members, ambassadors and other diplomats, heads of independent agencies, ALL federal judges, U.S. marshals and attorneys, and all officers in the armed forces. Once he appoints these, they must be approved by a majority vote in the senate. The President can also make recess appointments to fill vacancies, but only when the senate is not in session. These appointments are controversial because they allow the President to bypass the senate confirmation process, and some think that should not be allowed. The Constitution does not say how appointed officers are to be removed. Some think the senate should have this power, and others think that the President should have it.
Executive PrivilegeExecutive privilege is that the Constitution gives to the President the inherent power to refuse to disclose certain information to congress or federal courts. Congress has never recognized executive privilege, while Presidents have always chosen to speak publicly.
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