What are the President's enumerated powers? (pc)

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12) Veto / Pocket veto (article 1, section 7)

-The President can veto legislation (only overturned by a supermajority in both houses) -The president can pocket veto and the end of the congressional session - cannot be overridden by Congress - Obama 12 vetoes overall . e.g. Feb 24 2015 President Obama vetoed the Keystone XL Pipeline Approval Act (the bill approved the construction of a new pipeline carrying oil from Canada to Nebraska) said it was his decision because it crossed international borders. Override attempt failed in the Senate, 62-36

11) Commission all of Officers of the US

Commissions (a formal document appointing someone to high office) will come from the President rather than Congress e.g. Marbury v Madison (first case where SC struck down a law as unconstitutional) centered on the fact that Marbury had been appointed as a judge by John Adams at the end of his term, but the newly elected president Thomas Jefferson ordered that the commission appointing Marbury as a judge not be sent out to him because he didn't want him in that position

9) Meet with foreign ambassadors

Gives the President the power to negotiate with foreign ambassadors

8) Convene emergency sessions of Congress

Presidents can call both houses for an extraordinary session to address an urgent economic or foreign policy crisis. Has happened only 27 times - most recently in 1948. (Congress is now mostly open all year around)

10) "take Care that the Laws be faithfully executed"

Requires the President implement even laws they may not approve of

2) Cabinet advice

The President can ask Cabinet members for their views

7) Propose bills / State of the Union

The President can propose legislation, and can outline legislation agenda in the State of the Union address State of the Union Address: In late Jan or early Feb of each year, the President appears before both Houses of Congress to deliver the 'State of the Union Address' - reports on the current condition of the country, but also includes the legislation they would like Congress to pass over the coming year -Constitution doesn't give the President any budgeting powers, in keeping with this power to recommend measures to Congress, Congress passed the Budget and Accounting Act (1921) - made the President responsible for preparing a budget proposal, setting out how the federal government should spend money and set taxes - Congress can then debate the proposal before passing a budget

3) Pardons and Commutations

The President has the power to grant pardons and commute sentences Presidential pardon: formal forgiveness for the individual's crimes - restores the rights lost when convicted e.g. the right to vote, bear arms, or sit on a jury Commutation: Reduces the person's sentence - partially or completely - but does not restore rights Can be controversial: -President Gerald Ford pardoned President Nixon of all offences after he resigned in 1974 following the Watergate scandal - Ford argued it was the only way for the American people to be able to move on from the Watergate scandal -President Clinton pardoned 140 people on his last day in office - including a tax evader named Mark Rich, whose ex-wife had suspiciously made sizeable donations to Clinton's campaign

4) Treaties

The President has the power to make treaties with foreign nations (2/3 Senators have to concur) Senate confirmed: New START (Strategic Arms Reduction Treaty) - 2010: agreement between America and Russia to halve their number of strategic nuclear missile launchers Senate Foreign Relations Committee voted 14-4 in favour. Senate - gave its advice and consent to ratification in a 71-26 vote

6) Recess appointments

The president can appoint senior officials without the Senate's advice and consent when the Senate is on a break -The Republican majority in the House kept Congress open during what should have been the 2011-12 winter recess. They wanted to prevent the President from nominating Richard Cordray as the Director of the Consumer Financial Protection Bureau Obama still appointed Cordray, arguing that Republicans were undermining the Recess Appointments Clause. SC: NLRB v. Noel Canning (2014) SC ruled unanimously that "for purposes of the Recess Appointments Clause, the Senate is in session when it says it is.."

5) Appointments

The president can nominate judges, ambassadors, consuls, ministers and other officers with the advice and consent of the Senate Congress may allow the President, heads of executive departments, or the courts, to appoint inferior officials

1) Commander-in-chief

The president has the power to command armed forces Commander in Chief of the Army and Navy of the United States, and the militia of the several states Choose awards for armed service


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