Formal powers of the president

• Chief executive of the federal govt ➪ they control the federal bureaucracy ➪ made up of 15 executive departments, with independently run federal agencies. 

• Power to prepare the annual federal budget ➪ written up by the OMB not the president himself ➪ E.G. In Feb 2020 Trump's budget for the coming year took government spending to a record $4.8 trillion ➪ HOWEVER, the president does not hav ethe power to pass the budget as the 'power of the purse' belongs to Congress. 

• Can propose legislation to Congress and this occurs mainly at the annual State of the Union Address ➪ the president presents their legislative priorities to a joint session of both houses of Congress ➪ BUT the president can propose new policy initiatives at any time.

• Once a bill has successfully been passed through the legislative process in the Congress, the president has the power to either : 

1) Sign the bill into law

2) Use a pocket veto ➪ E.G. Last used by Bill Clinton in 2000.

3) Veto the bill ➪ HOWEVER, Congress does have the power to override a presidential veto, but in practice this is very difficult to achieve as a 2/3 majority is needed in both houses ➪ E.G. Trump used 10 vetoes between 2017 and 2021, 1 of which was overriden by Congress.

• The president nominates officials to key posts in the executive branch ➪ when a new president takes office there are about 4,000 positions they can fill ➪ BUT more than 700 are confirmed by the Senate by a simple majority vote ➪ E.G. Heads of executive departments, heads of many independent federal agencies and US ambassadors all require confirmation by the Senate.

• The president also nominates all federal judges, including SC justices when vacancies arise ➪ HOWEVER, the Senate provides a check on the appointmnet power of the president, as a comfirmation via a simple majority vote is required for judicial nominees ➪ E.G. In 2016 Obama nominated Merrick Garland to fill a vacancy on the SC however, the Senate Majority Leader Mitch McConell declared any appointment by the sitting president to be null and void  and that the next SC justice should be chosen by the next president, who was to be elected later that year. 
  

• Commander-in-chief of the US military ➪ makes the president overall head of the US armed forces and allows the president to initatie military action ➪ BUT, only Congress has the power to declare war, this hasn't been done since 1941 ➪ HOWEVER, some presidents have gone against this using their power as CiC to lead the USA into conflicts ➪ E.G. In 1950 Truman sent troops to SK when NK invaded. 

• The president also has power to negotiate treaties with other countries ➪ E.G. In 2020 Trump withrew from the Paris Agreement ➪ ALTHOUGH these must be ratified by the Senate with a 2/3 supermajority. 

• The president can pardon anyone who has been convicted of a federal crime, with the exception of cases of impeachment ➪ a pardon can be given after the convicted individual has died ➪ E.G. When Trump pardoned African-American boxer Jack Johnson in 2019 for the 1913 offence of crossing state lines accompanied by a white woman. 

• The president can even give a pre-empative pardon for any crimes already committed that an individual may be charged with in future ➪ E.G. In 1974, Richard Nixon resigned to avoid impeachment for his role in the Watergate scandal. Nixon's vice president, Gerald Ford, assumed the presidency and pardoned Nixon fro any crimes he might have commited. 

• Presidents can also show clemency by commuting a sentence, which releases the prisoner but does not give them a formal pardon.

• Many presidents have been criticised for using the power of pardon inappropriatley ➪ E.G. Bill Clinton was criticised for pardoning his own brother for a drug offence ➪ E.G. Clinton granted 140 pardons on his final day in office, generating a scandal known as 'Pardongate' ➪ E.G. Most controversial being Trump's 2018 tweet 'As has been stated by numerous legal scholars, I have the absolute right to PARDON myself.'