How Much do You Know About the Presidential Powers?

With the record numbers of newly registered voters, the signal is clear that the voters want to take part in picking our next president. With this interest, there is a new wave of discussions on the role of the executive branch of office. Many wonder if the promises of the presidential candidates about health care, fixing the economy, social security, and the Iraq war can be achieved. An understanding of the powers of the president can give people a strong basis answering this question.

Article II, section 1 of the Constitution provides that the executive power shall be vested in the President of the United States of America. There are other powers not listed in the Constitution that are inherent. These inherent powers have been supported by the U.S. Supreme Court and by Congressional approval.

The president has power and obligation to execute the laws. What happens if the president does not want to spend funds for a project that congress approved? In Train v. City of New York, 420 U.S. 35 (1975), the president was obligated to spend funds appropriated for a water pollution project. The president vetoed the bill but was passed over his veto. The Court held that "the direction of what congress wanted done with the money was specific and the president did not have inherent power to refuse to spend or impound the funds appropriated."

The president has specific authority under the Constitution to execute laws but also has inherent authority in domestic affairs by virtue of the fact that the president is the Chief Executive. The exact scope is not clear but in Youngstown Sheet & Tube v. Sawyer, 343 U.S. 579 (1952), the president seized steel mills in order to prevent a disruption of production during a threatened strike. The Court held that "unless explicitly prohibited by Congress, in the face of extreme emergencies, the president possesses some inherent power to deal with a crisis in the domestic field."

One big unknown power is the president's inherent power to propose legislation. The president must from time to time give congress information on the state of the union, and recommend such measures as he shall judge necessary and expedient. At these yearly televised sessions, the president proposes legislation.

The president has the power to call a special session of congress and to veto legislation. However, congress can override the veto with two thirds vote from each house. A "pocket veto" is when congress adjourns within 10 days of the time the legislation is delivered to the president and he simply does not sign it. Congress has no authority to override such veto.

Knowing your legal and consumer rights is the defense.