Chapter 9.2 Government
Reprieves, Pardons, and Amnesty
As chief executive, the president also can grant reprieves and pardons for federal crimes. A reprieve postpones legal punishment. A pardon releases a person from legal punishment. People who receive them have usually been convicted of a federal crime. An exception was in 1974 when President Gerald Ford granted Richard Nixon a full pardon before he could be indicted for any crimes he might have committed during the Watergate scandal. The pardon was very controversial, but it was fully within President Ford's power to grant it. The president may also grant amnesty. Amnesty is a pardon for a group of people who have committed an offense against the government. President Jimmy Carter granted amnesty to young men who evaded the draft during the Vietnam War.
Executive Orders
In addition to staffing and leading the executive branch, presidents issue executive orders, which are presidential directives that have the force of law without the approval of Congress. This power is implied by the Constitution because Article II grants the president "executive power" and charges him or her with making certain that "the laws be faithfully executed." President Dwight D. Eisenhower did this when he used an executive order to put the Arkansas National Guard under federal control in order to force the Little Rock, Arkansas, public schools to desegregate. Executive orders may be issued to detail the specific actions federal agencies must take to implement a law. For example, President Jimmy Carter used an executive order to put thousands of acres of land in Alaska under the control of the National Park Service. Executive orders have also been used to make dramatic new policy. President Abraham Lincoln issued the Emancipation Proclamation with an executive order; President Harry S. Truman used an executive order in 1948 to racially integrate the armed forces; and President Franklin D. Roosevelt used one to place Japanese Americans in internment camps during World War II. Some recent presidents have used executive orders to bypass the U.S. Congress and legislate in areas such as environmental protection where the Congress has been unable or unwilling to pass a law. At the same time, presidents cannot issue all executive orders they would like. Such orders must be related in some way to either powers given to the president in the Constitution or delegated to him or her by Congress. Presidents usually spell out the constitutional or statutory basis for their executive orders. Given the president's constitutional role as a commander in chief, the courts usually give presidents especially broad limits when it comes to orders relating to foreign policy and the military. Presidents can readily issue executive orders, but their successors may just as easily reverse them. In 1984 President Ronald Reagan issued an executive order restricting federal funding for family-planning groups who performed or actively promoted abortions in other countries. President Bill Clinton reversed this order when he took office. President George W. Bush then reinstated the limits on funding first ordered by President Reagan. With the stroke of a pen, President Barack Obama again renewed funding for such groups.
The Appointment Power
No president could directly supervise the daily activities of the many agencies in the executive branch. Instead, the president appoints about 2,200 top-level federal officials who run the executive branch. Key among these are the 15 people who will lead the cabinet departments—the major agencies of the executive branch. This authority to appoint top officials in the administration is one important tool a president has to influence how legislation is implemented. Presidents try to appoint officials who share their political beliefs because they will be committed to carrying out their goals. Selecting the right people can be one of a president's most important tasks. This power is partially limited by the Senate, however, which must confirm many top-level appointments. Presidents can also control the implementation of the laws by firing officials they have appointed. For example, President Nixon fired his secretary of the interior for opposing his Vietnam policies. It is not always easy, however, to remove a popular official who has congressional and public support. The president also appoints all federal judges, including the justices of the Supreme Court. All judicial appointments must be approved by the Senate. Judicial nominations tend to be among the most contentious conflicts between the legislative and executive branches, particularly when the White House and Congress are controlled by different political parties. By appointing justices with particular points of view on the Constitution and other issues, presidents are able to exert broad influence on government and society. Since federal judges may hold their positions for life terms, the impact of judicial appointments can be seen for years or even decades after a president's term of office ends.
Head of State How does the president fulfill the role of head of state?
The U.S. president is both head of state and chief executive. (In this context, the term head of state refers to the head of a nation or country.) As head of state, the president represents the nation and performs many ceremonial roles. As chief executive, the president directs the activities of the thousands of executive branch employees who carry out the laws. In many countries, different people perform these two duties. One person, such as a king, queen, or emperor, is the ceremonial head of state, while another person, such as a prime minister or premier, directs the government. Some of the president's duties as head of state are specifically mentioned in Article II of the Constitution. For example, the Constitution says the president shall "receive Ambassadors and other public Ministers." To fulfill that duty, the president hosts such dignitaries as kings, queens, and heads of foreign governments. Modern presidents play an important role when a natural disaster such as a hurricane strikes or a tragedy like a mass shooting or bombing occurs. Victims look to the president to visit the scene and provide words of comfort on behalf of all citizens across the country. Other ceremonial duties are less serious but also widely covered in the press. Many presidents throw out the first pitch to begin the baseball season, light the nation's Christmas tree and Menorah on the Ellipse—a grassy area adjacent to the White House lawn, meet public figures such as U.S. Olympic athletes, or give awards to distinguished business leaders, actors, or artists. Much of the mystique of the presidency exists because presidents are more than politicians. To millions around the world and at home, the president is the symbol for the United States.
Chief Executive How does the president fulfill the role of chief executive?
The president leads the executive branch of government that carries out the laws that Congress passes and runs the programs Congress creates. These laws and programs range over a great many areas of public concern from Social Security, taxes, housing, flood control, and energy to civil rights, health care, education, and environmental protection. There are more than 150 departments and agencies that take responsibility for implementing laws in different areas. More than 2 million people work for the federal government, from FBI agents to air traffic controllers to clerks for the Social Security Administration. The president is in charge of these employees and the federal departments and agencies for which they work.
Source of President's Executive Power
The president's executive power is described in the Constitution, but the document does not provide much detail about the components of this power. Article II, Section 1, simply says "the executive Power shall be vested in a President of the United States of America...." Section 3 of the same article says "... he shall take Care that the Laws be faithfully executed." What does it mean to "faithfully execute" the laws? When Congress passes a law, it is the president's responsibility to put that law into action. Congress cannot provide enough details in every law to explain exactly how it should be implemented. The president must make some decisions about how to put the law into effect but must also work within the boundaries provided in the law; that is, the law must be implemented in a faithful way. Consider a 2012 law that required the Department of Homeland Security (DHS) to develop special airport security screening procedures to help Armed Forces members traveling on official orders clear security more quickly. The DHS could decide exactly how to screen members of the military. However, for the law to be faithfully executed, the DHS would have to develop a system that would help military personnel get through those airport security lines faster than the average traveler. The requirement that the laws must be faithfully executed can be a limit on the president's executive power. Additionally, funding to administer laws is controlled by Congress, which authorizes and appropriates funds. The president is also limited in this power by the judicial branch. Federal courts can decide whether the actions a president takes to implement laws are constitutional.
Impoundment of Funds
When the president has deep disagreements with Congress about what programs should exist or how they should be run, he or she may impound (refuse to spend) funds Congress approved to carry out those programs. For example, in 1803 President Thomas Jefferson did not spend money Congress set aside for new gunboats because he believed they were no longer needed. Supporters of impoundment argue that it is an inherent power of the executive branch. Opponents argue that impoundments undermine the will of the people who have chosen the legislators who created and funded the programs. A president's power to impound funds is limited, though. After President Richard Nixon impounded huge sums—billions in a single year—for programs he opposed, groups that would have benefited from the programs took Nixon to court. The court then ordered the president to spend the appropriated money. Congress later passed legislation to prevent such large-scale impounding without congressional approval and strengthen the budget authority of Congress.