Source: POLS 101 lecture materials
Tags: presidential powers, POTUS, executive branch, veto, pardon, electoral requirements, Federalist 69, Curtiss-Wright, EOP, OMB, executive orders, bully pulpit, inherent powers
Difficulty: Introductory Prerequisites: Basic understanding of the three branches of U.S. government.
This topic covers the constitutional requirements, formal and informal powers, and historical evolution of the American presidency. It sits at the heart of any introductory American government course because the presidency touches every other institution: Congress, the courts, the bureaucracy, and foreign policy. You should already have a rough sense of how the federal government is structured (legislative, executive, judicial) before diving in. If the separation of powers is still fuzzy, review that material first.
The U.S. president must be a natural-born citizen, at least 35 years old, and a 14-year resident. Presidential power comes from both formal constitutional grants (commander in chief, treaty-making, veto, pardon) and informal tools (executive orders, the bully pulpit, signing statements). That power has expanded significantly over time, especially during national crises, and is checked by Congress, the courts, and the structure of the executive branch itself.
Inherent powers
Powers that belong to the president by virtue of the Constitution itself, without needing explicit congressional authorisation. Think of these as the baseline toolkit the office comes with.
Executive order
A directive from the president that has the force of law, issued without congressional approval. In simple terms, the president can create binding rules on their own authority.
Veto
The president's power to reject a bill passed by both houses of Congress. The threat alone can reshape legislation before it ever reaches the president's desk.
Pocket veto
When the president simply does not sign a bill within the 10-day window and Congress has adjourned, the bill dies. No override is possible because there is no formal rejection to override.
Line-item veto
A power that would allow the president to strike individual taxing or spending provisions from a bill. This was ruled unconstitutional by the Supreme Court.
Pardon
The president's authority to forgive an individual's federal criminal charges or commute sentences. This power has no checks from Congress or the courts and can be applied to individuals or large groups.
Executive agreement
An international agreement made by the president that does not require Senate approval, unlike a formal treaty. In simple terms, the president can make binding deals with foreign nations and keep the details from the Senate.
Bully pulpit
A term introduced by Theodore Roosevelt for the president's unique platform to advocate for policy and shape public opinion. Think of it as the built-in megaphone that comes with the office.
Signing statement
An informal presidential tool used when signing a bill into law, in which the president signals which parts of the bill they intend to disregard or interpret differently.
22nd Amendment
Limits the president to two terms in office, or a maximum of 10 years if they assumed office mid-term.
25th Amendment
Establishes procedures for presidential and vice-presidential vacancies and presidential disability.
Federalist No. 69 (Hamilton)
Hamilton's argument that the president is fundamentally different from a king: limited to four years, subject to impeachment, checked by Congress, and lacking absolute veto power over Parliament.
Eligibility requirements
Natural-born citizen of the United States
At least 35 years old
A resident of the U.S. for at least 14 years
Term limits (22nd Amendment)
A president may serve a maximum of two elected terms. If a vice president assumes office mid-term, they can serve up to 10 years total (the remainder of the predecessor's term plus two full terms of their own).
Succession and disability (25th Amendment)
Sets out the order of succession and the process for handling presidential incapacity. The vice president is first in line.
The Vice Presidency
John Adams famously called the vice presidency the most insignificant office ever devised. The VP's formal roles are limited: presiding over the Senate and succeeding the president if the office becomes vacant. In practice, the role has grown in influence over time.
Appointment power
The president appoints ambassadors, public ministers, Supreme Court justices, and all officers of the United States whose appointments are not otherwise provided for. The Senate can confirm or reject these nominations.
When choosing nominees, presidents typically weigh loyalty and diversity. This is one of the most consequential powers because it shapes the judiciary and federal agencies long after a president leaves office.
Power to convene Congress
The president can call Congress into special session, though this power carries less weight in the modern era because Congress is in session for most of the year.
Veto power
The veto is one of the president's most powerful tools. By rejecting a bill passed by both houses of Congress, the president can force Congress to muster a two-thirds supermajority in each chamber to override. The mere threat of a veto can be enough to kill legislation or force Congress to amend it before sending it forward.
Pocket veto
If the president does not sign a bill within 10 days and Congress has adjourned in that period, the bill dies automatically. Unlike a regular veto, Congress cannot override a pocket veto.
Line-item veto
This would have allowed the president to strike specific taxing or spending provisions from a bill while signing the rest. The Supreme Court struck it down as unconstitutional.
Foreign affairs powers
The president can negotiate and sign treaties, subject to a two-thirds vote of approval from the Senate
The president receives ambassadors from other nations (which amounts to recognising foreign governments)
The president can withdraw from ("unsign") treaties
The president can enter into executive agreements with foreign nations, which do not require Senate approval
The US v. Curtiss-Wright Export Corp. decision reinforced that the president has broad, independent authority over foreign affairs, even beyond what Congress explicitly delegates.
Pardon power
The president can pardon individuals or large groups (amnesty) for federal crimes with no checks from Congress or the courts. This makes the pardon one of the few truly unilateral powers in the system.
Executive orders
Directives that carry the force of law without congressional approval. These are classified as an informal power because they are not explicitly enumerated in the Constitution but are derived from the president's executive authority.
Signing statements
When signing a bill, the president can issue a statement indicating which provisions they intend to enforce differently or disregard. This is an informal tool for shaping public policy after legislation has already passed.
Commander in chief
A formal, constitutionally enumerated power. The president serves as the head of the armed forces.
The presidency was designed to be a limited office, but crises and strong personalities have expanded it dramatically over time.
Biggest trigger for expansion: national crisis
The Civil War, the Great Depression, and wartime have all been catalysts for presidents claiming broader authority. Crisis creates the political conditions for Congress and the public to accept a more powerful executive.
Key presidential accomplishments
Washington – Established federal supremacy, the power to collect taxes, the cabinet system, and the president's central role in foreign affairs. Set the precedent for what the office would become.
Adams – His presidency was so contentious that it effectively created the two-party system.
Jefferson – Expanded the country using inherent powers (the Louisiana Purchase) and shaped the legislative process.
Jackson – Positioned himself as a strong populist leader who represented ordinary citizens, not just the elite.
FDR – Launched the New Deal (relief, recovery, and reform in response to the Great Depression, starting in 1933). Elected to four terms. Pioneered the use of radio and mass media to connect directly with the public. His presidency led to the 22nd Amendment capping terms at two.
The bully pulpit
Introduced by Theodore Roosevelt. The idea is that the presidency itself is a platform for advocating a policy agenda and rallying public support. Modern presidents use press conferences, social media, and televised addresses to do the same thing.
Formal vs. informal powers
Formal powers are enumerated in the Constitution: commander in chief, treaty-making, appointments, veto
Informal powers are derived from practice and precedent: executive orders, signing statements, the bully pulpit, executive agreements
The growth of informal powers is one of the most important themes in any study of the modern presidency.
Curtiss-Wright was a weapons manufacturer that sold arms to Bolivia during the Chaco War, violating both a Joint Resolution of Congress and a proclamation by President Roosevelt declaring U.S. neutrality.
The company argued that Congress had unconstitutionally delegated its own legislative power to the president (the "non-delegation doctrine").
The Court's ruling
The Supreme Court upheld the non-delegation doctrine in domestic matters but carved out a major exception for foreign affairs. The president, the Court held, has the power to make decisions regarding foreign affairs even if Congress has not explicitly authorised the action.
Why this matters
This case is the foundation for the president's broad, independent authority in foreign policy. It established that the foreign affairs power does not depend on a congressional delegation the way domestic regulatory power does. If your exam asks about the constitutional basis for presidential foreign policy authority, this is the case to cite.
Executive Office of the President (EOP)
Created in 1939 as a "mini bureaucracy" to help the president oversee the vast federal bureaucracy. It has expanded significantly and now includes several advisory bodies, policy-making agencies, and task forces. EOP members have become some of the most influential policy makers in government.
The EOP includes the president's immediate staff, along with entities such as the Office of Management and Budget (OMB) and the Office of the U.S. Trade Representative.
Office of Management and Budget (OMB)
The OMB is the president's central tool for economic policy oversight. Its responsibilities include:
Preparing the president's annual budget proposal
Reviewing budgets and programmes across executive departments
Producing economic forecasts
Analysing bills and agency rules
Putting cost estimates ("price tags") on legislation
Defending the president's budget before Congress
The Cabinet
The president's cabinet consists of 15 department heads (e.g. Secretary of State, Secretary of Defence). Cabinet members run the major executive departments and advise the president.
POTUS as policy maker
The president plays a major role in setting the legislative agenda. In practice, presidents have a hard time getting Congress to pass their preferred legislation, but they tend to win on bills that are central to their announced agenda. The combination of the veto threat, the bully pulpit, and executive orders gives the president substantial leverage even when Congress is resistant.
Students often think the line-item veto is a current presidential power. It is not. The Supreme Court ruled it unconstitutional. The president must sign or veto a bill in its entirety.
Students confuse executive orders with legislation. Executive orders carry the force of law but are not passed by Congress. They can be overturned by a subsequent president, struck down by the courts, or nullified by legislation.
Students assume the pardon power has limits. It does not, for federal crimes. The president can pardon individuals or entire groups with no approval from Congress or the courts.
Students often conflate treaties and executive agreements. Treaties require a two-thirds vote in the Senate. Executive agreements do not require Senate approval at all, which is precisely why presidents sometimes prefer them.
⚠️ Know the difference between formal and informal powers, and be able to give examples of each. This is a classic exam question.
⚠️ US v. Curtiss-Wright is likely to appear on any exam covering presidential foreign policy authority. Know the facts, the ruling, and its significance.
⚠️ Be able to explain why the veto is considered one of the president's most powerful tools, including the indirect effect of the veto threat on legislation.
⚠️ Understand the role of the EOP and OMB. Exam questions often ask about the president's tools for managing the bureaucracy and the budget.
⚠️ Federalist No. 69 (Hamilton) is a common source for exam questions comparing the president to a monarch. Know Hamilton's key distinctions: term limits, impeachment, congressional checks, no absolute veto.
⚠️ The 22nd and 25th Amendments are frequently tested. Know what each does and why each was adopted.
True or false: The president can strike individual spending items from a bill using the line-item veto.
Fill in the blank: The _______ Amendment limits the president to two terms or a maximum of 10 years.
True or false: Executive agreements require a two-thirds vote of the Senate.
Fill in the blank: In US v. Curtiss-Wright, the Supreme Court held that the president has independent authority over _______ even without explicit congressional delegation.
True or false: The president's pardon power requires approval from Congress.
Answers: 1. False (ruled unconstitutional). 2. 22nd. 3. False (no Senate approval needed). 4. Foreign affairs. 5. False (no checks at all).
Q: What are the constitutional requirements to become president of the United States?
A: A candidate must be a natural-born citizen, at least 35 years old, and a resident of the U.S. for at least 14 years.
Q: Explain the difference between a regular veto and a pocket veto.
A: A regular veto is the president's formal rejection of a bill, which Congress can override with a two-thirds vote in each chamber. A pocket veto occurs when the president does not sign a bill within 10 days and Congress has adjourned, killing the bill with no possibility of override.
Q: What was the significance of US v. Curtiss-Wright Export Corp.?
A: The Court upheld the non-delegation doctrine for domestic policy but ruled that the president has independent, inherent authority over foreign affairs, even without explicit congressional authorisation. This case is the constitutional foundation for broad presidential foreign policy power.
Q: How did Hamilton distinguish the president from a king in Federalist No. 69?
A: Hamilton argued that unlike a king, the president serves a limited term (four years), can be impeached, is checked by both houses of Congress, and does not hold an absolute veto over the legislature.
Q: Name three informal presidential powers and explain why they matter.
A: Executive orders (allow the president to create binding rules without congressional approval), signing statements (allow the president to signal which parts of a law they may not enforce), and the bully pulpit (gives the president a platform to shape public opinion and pressure Congress). These informal tools have expanded presidential influence well beyond what the Constitution explicitly grants.
Q: What is the Executive Office of the President and why was it created?
A: The EOP was established in 1939 as a set of advisory and policy-making agencies to help the president manage the federal bureaucracy. It includes the president's immediate staff, the OMB, and the Office of the U.S. Trade Representative, among other entities.
This material connects directly to the study of Congress, because nearly every presidential power (veto, appointments, treaties) involves a check from the legislative branch. When you study the judiciary, the appointment power and cases like Curtiss-Wright will come back.
The EOP and OMB lead straight into the bureaucracy topic, which covers how the federal government is actually run day to day. If the presidency sets the agenda, the bureaucracy carries it out.
Federalist No. 69 also connects to broader themes in constitutional design: the Framers' fear of concentrated power and their strategy of balancing ambition against ambition.
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