Question

What are the powers of the president?

List the Constitutional Powers

List the Inherent Powers

Answer 1

Do you mean the President of the United States? (If you mean a different country, tell me which one.) Below I list the main Constitutional (express) powers of the U.S. President (Article II and other provisions), then common “inherent” powers the presidency exercises though not spelled out word‑for‑word in the Constitution. I include brief notes on the limits or controlling cases where useful.

Constitutional (express) powers
- Vesting of executive power
- “The executive Power shall be vested in a President…” (Art. II, §1) — the source clause for executive authority.
- Commander in Chief
- Command of the Army and Navy and state militia when called into federal service (Art. II, §2). Congress retains power to declare war, raise and fund forces, and to legislate on the military.
- Appointment power
- Appoint ambassadors, public ministers, Supreme Court and other federal judges, and “officers of the United States,” with Senate advice and consent (Art. II, §2).
- Includes power to make recess appointments when the Senate is in recess (Art. II, §2) — subject to later limits (see Noel Canning).
- Removal power (practical but not explicitly stated)
- The Constitution does not explicitly say the President can remove appointed officials, but removal authority has been affirmed for purely executive officers (Myers v. United States) and limited for quasi‑legislative/quasi‑judicial officers (Humphrey’s Executor).
- Treaty power
- Make treaties with the advice and consent of two‑thirds of the Senate (Art. II, §2). Treaties are binding federal law but subject to constitutional limits and Supreme Court review (see Medellín).
- Receive ambassadors / recognition power
- “Receive Ambassadors and other public Ministers” (Art. II, §3) — generally taken to give the President primary power to recognize foreign governments.
- Pardon and reprieve
- Grant reprieves and pardons for offenses against the United States, except impeachment (Art. II, §2).
- Veto power (presentment clause)
- Return bills to Congress with objections; Congress can override by two‑thirds in each chamber (Art. I, §7). Pocket veto permitted when Congress adjourns within the 10‑day window.
- State of the Union and recommendations to Congress
- Give information on the State of the Union and recommend measures Congress should consider (Art. II, §3).
- Convene and adjourn Congress
- Convene either or both Houses on “extraordinary occasions” and, in case of disagreement on adjournment, adjourn them (Art. II, §3).
- “Take Care” (faithful execution) clause
- “Take care that the laws be faithfully executed” (Art. II, §3) — a duty that underpins many executive actions.
- Commission officers
- Commission (i.e., appoint/issue commissions to) officers of the United States (Art. II, §3).

Inherent (implied or historically exercised) powers
These are powers not written out verbatim in the Constitution but inferred from the vesting clause, the President’s role in national security and foreign affairs, historical practice, and judicial interpretation. They are real but limited by statute, the Constitution, and court decisions.

- Executive orders
- Directives issued to manage the executive branch and implement statutes. Not unlimited; must be grounded in constitutional or statutory authority and can be overturned by courts or undone by Congress.
- Executive agreements
- International agreements with foreign governments made without Senate treaty ratification. Common for routine or technical matters, but they cannot override federal statutes or the Constitution (see United States v. Pink / Medellín context).
- Recognition and de‑recognition of foreign governments
- Recognizing governments, accrediting diplomats, and related acts (Zivotofsky v. Kerry clarified aspects of recognition power).
- Conduct of foreign policy and use of military force
- Directing military operations and foreign policy initiatives without formal declarations of war (e.g., limited military actions, covert operations). Constrained by Congress’s powers to declare war and control appropriations. Youngstown Sheet & Tube Co. v. Sawyer (1952) is key for limits on unilateral domestic seizure and for the Youngstown framework on presidential power vis‑à‑vis Congress.
- Emergency powers
- Declaring national emergencies to trigger statutory authorities (National Emergencies Act limits and congressional oversight apply). Emergencies give broad administrative discretion but are not unlimited.
- Executive privilege
- Withholding certain communications from other branches (especially Congress/judiciary) for confidentiality and candid advice. Recognized (U.S. v. Nixon) but not absolute.
- Control of federal law enforcement priorities
- Directing priorities for agencies (e.g., immigration enforcement discretion); constrained by statutes and appropriations.
- Signing statements
- Statements issued when signing bills indicating the President’s interpretation of the law or concerns about certain provisions; do not change the statute but may signal enforcement approach.
- Impoundment / budgetary discretion (limited)
- Historically Presidents have attempted to refuse to spend appropriations; Congress has reined this in (Train v. City of New York; Congressional Budget and Impoundment Control Act).
- Covert action and intelligence direction
- Directing CIA and other intelligence activities (subject to statutes and congressional oversight).
- Use of military or domestic measures in extraordinary circumstances
- e.g., limited seizures, internment, or other emergency measures have been attempted historically; courts may uphold or strike down depending on circumstances (Youngstown; Korematsu is a controversial historical example).

Important legal limits and doctrines
- Youngstown Sheet & Tube Co. v. Sawyer (1952) — sets the tripartite framework for presidential power relative to Congress (maximum authority when acting with Congress, twilight when Congress is silent, and lowest ebb when acting against Congress).
- U.S. v. Nixon (1974) — executive privilege exists but is not absolute; courts can order production of evidence in criminal prosecutions.
- Myers v. U.S. (1926) and Humphrey’s Executor (1935) — differing limits on President’s removal power for purely executive officers versus independent regulatory commissioners.
- National Emergencies Act, War Powers Resolution, and various statutes constrain or regulate many asserted inherent powers.
- Congressional control of appropriations, statute drafting, and impeachment are major checks.

Short summary
- Constitutional powers: those expressly given in Article II (commander in chief, appointment/treaty/pardon powers, veto, State of the Union, convene Congress, take care, etc.).
- Inherent powers: broader authorities the President uses for foreign policy, emergency action, executive orders/agreements, executive privilege, and directing the executive branch — grounded in constitutional vesting and necessity but limited by statute, constitutional text, and Supreme Court precedent.

If you want, I can:
- Provide the exact textual citations from the Constitution.
- Expand each item with leading court cases and short case summaries.
- Provide a one‑page cheat‑sheet for classroom or study use.