The executive power

THE EXECUTIVE POWER

This power is mentioned by Article 2, Sections 2, 3 and 4 of the Constitution. From this article, we can ask ourselves: What are the constitutional powers assigned to the President and what role does he play with the other powers?

We will first see the executive powers of the president, then the interaction between executive power and the other powers and finally the diplomatic and military powers of the President. 

I. EXECUTIVE POWERS

First of all, the President has the job, the responsibility and the duty to make sure that all laws are enforced and administered, as per the Section 3 of the Constitution, called the “take care” power

Besides, the President has an ordinance power which consists to issue executive orders. Orders are directives, rules, or regulations that have the effect law. While the order is not an actual law, it’s treated like one.

Also, the President has the power to appoint nearly three million federal civilian employees.

Once the President receives the consent of the Senate, he appoints most of the top-ranking officials in the Federal Government. For example, there are federal judges, cabinet members, heads of independent agencies or officers of the military.

Finally, the President can remove anyone from office he has appointed.

The only restriction on this power is that he can’t remove Supreme Court Justices from the bench.

Three major reasons for removal are the inefficiency in office, the neglect of duty, or inappropriate behaviour.

II. INTERACTION BETWEEN POWERS

The interaction between executive power and the judicial and legislative powers is called “Checks and balances”. 

Indeed, the different branches have control over each other.  

Concerning the executive branch, the president can veto laws offered by the Congress, he can call special sessions of Congress, he can recommend legislation and he can appeal to the people concerning legislation and more. Also, he has to appoint judges of the different judicial Courts. 

Concerning the legislative branch, Congress can pass laws over the president’s veto and can control the budget. 

Concerning the judicial branch, the Courts can declare acts by President unconstitutional.

Besides, there is the impeachment.

The US Constitution provides for the removal of president, vice-president and other civil officers and judges from office.

Article 2 of the Constitution states that a person can be impeached for “treason, bribery, or other high crimes and misdemeanours”. Precisely, US President Donald Trump faces impeachment inquiry.

I’m going to quickly explain how the procedure works.

It’s voted by a simple majority in the House of Representatives. The impeachment trial which must pronounce on the guilt of the accused, takes place before the Senate under the presidency of the President of the Supreme Court. The guilty decision can only be made by a two-thirds majority of the Senate.

III. DIPLOMATIC AND MILITARY POWERS

First, the President has the power of the executive agreement. Executive Agreements are like treaties in that they are agreements between the President and foreign leaders or their subordinates. They are different because they don’t require the approval of the Senate. They usually stem out of previous legislation, or a previous treaty.

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