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What Powers are Granted to the President in the US Constitution?

Civics Crash Course Lesson 5

The Separation of Power

The constitutional doctrine of separation of powers designates specific lanes of authority for each branch of the federal government. To protect our liberties through the just rule of law in our republic:

The legislative branch makes the laws
The executive branch carries out the laws
The judicial branch interprets the law and punishes lawbreakers

Each coequal branch of government is dependent upon the others to govern effectively. These divisions and differentiation were created to protect citizens from any institution or person attempting to exercise too much power.

Energy in the Executive

Our first plan of national government, the Articles of Confederation, did not include the position of chief executive. From 1781-1789, the United States did not have a president or a supreme court - only a unicameral national legislature. Americans established a loose association of states with a weak central government in reaction to the abuses of power they endured under the king as colonists, but soon found this “rebound” government ineffective.

Delegates from 12 of our 13 original states decided to convene to revise this plan of government. They were motivated to address legislative gridlock, economic challenges, security concerns, disputes between states, and other problems across the fledgling nation. At their convention, the founders decided to replace the Articles of Confederation with a new constitution cautiously granting more authority to the national government.

While debating options to head up the executive branch in this new plan, some delegates initially advocated for a lifetime presidency or a council of executives. Ultimately, the founders agreed upon the establishment of a presidency with a four year term, such as we have today.

In The Federalist No. 70, Alexander Hamilton asserted that history had revealed how we must be wary of “...the intrigues of ambitious individuals who aspired to the tyranny…” but that our country would need “Energy in the Executive” to:
Safeguard against foreign threats
Administer law
Protect property
Promote liberty

Expressed Powers

When being sworn into office, presidents pledge to preserve, protect and defend the U.S. Constitution, the founding document which sets out the parameters for the scope of power sovereign citizens delegate to them. Presidents affirm they will faithfully execute the law, the lane established for them through the separation of powers.

While Article I of the U.S. Constitution lays out the powers of Congress as the institution responsible for making federal law, Article II prescribes the role of a president in carrying out these laws. Political scientists refer to the powers granted to presidents in Article II as “expressed powers.” Specifically, a president has the expressed power as chief executive to:

Command the military
Require the written opinions of leaders of executive departments
Grant reprieves and pardons except in cases of impeachment
Make treaties (with the advice and consent of the Senate)
Appoint ambassadors, Supreme Court Justices and other federal officers (typically subject to Senate confirmation)
Temporarily fill vacancies which occur during Senate recesses
Inform Congress of the state of the union
Make recommendations to Congress
Convene Congress, and adjourn Congress when there is a disagreement about the time of adjournment
Receive ambassadors and leaders from other nations
Commission federal officers
Faithfully execute laws

Interactions Between Branches

The doctrine of separation of powers is evident in this authority structure. Expressed powers clearly outline the executive branch’s responsibility for implementation.

The branches depend on one another to accomplish their agendas, with scrutiny and expertise provided from each other as prudent. The Constitution prescribes that:

Congress declares and funds war while raising/providing for the armed forces - whereas the President leads war as commander-in-chief
The President negotiates treaties, then the Senate votes whether to ratify these agreements
The President appoints judges, then the Senate votes whether to confirm the appointment

The Supreme Court and the Congress have authority built in to both respond to and initiate with the President. The judicial branch’s key power is to determine whether the president’s policies and actions (or in-actions) are constitutional.

The legislative branch, our most representative institution, has many options at its disposal. The power of the purse, the authority to originate appropriations in the House, may be the institution’s most potent power related to presidential initiatives that require funding. Congress’ claw back of approved appropriations at the request of President Trump in July 2025 was a rare concession by the institution.

A hypothetical cycle of governance that illustrates the interface between the executive with the legislative branch’s numerous options could theoretically proceed as follows:

The President recommends a bill
Congress passes this law with changes
The President vetoes the law due to the changes
Congress overrides the President’s veto
The President gives instructions to the bureaucracy through a signing statement to implement the law in a manner the President deems favorable
Congress holds oversight hearings which prompt the agency to follow legislative intent
The President accepts the resignation of the agency’s leadership and appoints new leadership
The Senate confirms the appointment
The House declines to fund objectionable elements in the administration of the law

The Mischief of Faction

Although the Constitution created coequal branches of government through the separation of powers, partisan politics and one-party control of the federal government diminishes the efficacy of the separation of powers.

Notably, the founders did not provide for political parties in our constitutional framework. In The Federalist No. 10, they expressed the belief that factions would form temporarily then disband in our large, diverse republic. Instead, political parties, interest groups, political action committees and issue advocacy groups have become permanent elements of our political system.

The legislative branch has also delegated some constitutional powers to presidents. For example, the Congress has not formally declared war since World War II, granting presidents more leeway to make war.

Implied and Inherent Powers

Although the founders did not account for the force of political parties and entrenched factions, they did expect presidents to exercise implied and inherent powers not directly articulated in the Constitution.

Implied powers are derived through interpretation of expressed powers
Inherent powers are deemed necessary for presidents to fulfill their official duties

One example of an implied power is presidents’ authority to recognize nation states. Because the Constitution expressly grants presidents the ability to receive ambassadors and foreign leaders, it is implied that presidents may thereby recognize the legitimacy of a foreign state.

The constitutional basis of inherent powers is rooted in the vesting clause of Article II which stipulates that executive power is “vested” in our president. When presidents declare national emergencies to direct resources after natural disasters, for instance, they are exercising inherent power.

Unitary Executive Theory or Imperial Presidency?

Conservatives have traditionally taken a stance as “strict constructionists” of the Constitution. In regard to presidential authority, they subscribe to a literal or narrow reading of the Constitution’s expressed powers. They reject broad interpretations of implied or inherent powers.

More recently, some modern political thinkers on the right make a controversial interpretation of the vesting clause and the presidential prerogative to “take care that the laws be faithfully executed” to assert that presidents have the authority to take unilateral action in the executive branch without involvement of the other branches. This perspective is referred to as unitary executive theory. Critics argue that this theory upsets the balance of power enshrined in the doctrine of separation of powers.

Many liberals and some conservatives caution that presidential power has evolved beyond the scope delegated by the Constitution. This stance gained traction in the second half of the twentieth century when Arthur M. Schlesinger published his book The Imperial Presidency (1973).

In our next Civics Crash Course lesson, we will explore the powers delegated to the Congress by the Constitution. This lesson will list Congress’ enumerated powers and differentiate the Senate from the House of Representatives.

Check for Understanding

Did you pick up details to support the main ideas of this Civics Crash Course lesson? Take a quick quiz to self-assess:

True or False? The U.S. has always had a president since winning independence.
True or False? Presidents have the power to declare war.
True or False? The President’s duty is to execute the law, according to the separation of powers doctrine.

Answers

False - Correction: The U.S. did not have a president under the Articles of Confederation.
False - Correction: Congress has the power to declare war.
True - The President’s duty is to execute the law, according to the separation of powers doctrine.

Discussion Guide

Imagine the U.S. still operated under the Articles of Confederation. We would have a unicameral legislature without a president or supreme court. What would that be like?
Would you have expected other presidential powers to appear on the list of expressed powers? If so, which powers?
Presidents' use of inherent and implied powers can be quite consequential. Imagine that an American president used this authority to recognize Palestine as a nation state. How would this decision impact the U.S. and the world?
Which president do you most admire and why?
Do you think presidents should wield more unilateral power? Do you have concerns about the notion of an imperial president?