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138-629: The National Guard may be called into federal service by the President under either Title 10 or Title 32 status. When National Guard troops are called to federal service, the President serves as Commander-in-Chief . The federal mission assigned to the National Guard is: "To provide properly trained and equipped units for prompt mobilization for war, National emergency or as otherwise needed." The Governor may call individuals or units of

276-729: A perpetual union between the states in November 1777 and sent it to the states for ratification . Under the Articles, which took effect on March 1, 1781, the Congress of the Confederation was a central political authority without any legislative power. It could make its own resolutions, determinations, and regulations, but not any laws, and could not impose any taxes or enforce local commercial regulations upon its citizens. This institutional design reflected how Americans believed

414-1096: A president of the United States in Congress Assembled to preside over its deliberation as a neutral discussion moderator . Unrelated to and quite dissimilar from the later office of president of the United States, it was a largely ceremonial position without much influence. In 1783, the Treaty of Paris secured independence for each of the former colonies. With peace at hand, the states each turned toward their own internal affairs. By 1786, Americans found their continental borders besieged and weak and their respective economies in crises as neighboring states agitated trade rivalries with one another. They witnessed their hard currency pouring into foreign markets to pay for imports, their Mediterranean commerce preyed upon by North African pirates , and their foreign-financed Revolutionary War debts unpaid and accruing interest. Civil and political unrest loomed. Events such as

552-511: A "disruptive" erosion of his ability to govern. Ford failed to win election to a full term and his successor, Jimmy Carter , failed to win re-election. Ronald Reagan , who had been an actor before beginning his political career, used his talent as a communicator to help reshape the American agenda away from New Deal policies toward more conservative ideology. With the Cold War ending and

690-502: A Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. The president's salary, currently $ 400,000 a year, must remain constant throughout the president's term. The president may not receive other compensation from either the federal or any state government. Before he enter on

828-762: A Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse [ sic ] from them by Ballot the Vice President. ( Note: This procedure

966-540: A President of the United States of America. The person shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: Section 1 begins with a vesting clause that confers federal executive power upon the President. Similar clauses are found in Article I and Article III ; the former bestows federal legislative power exclusively to Congress, and

1104-573: A delegate for Virginia. When the Constitutional Convention convened in May 1787, the 12 state delegations in attendance ( Rhode Island did not send delegates) brought with them an accumulated experience over a diverse set of institutional arrangements between legislative and executive branches from within their respective state governments. Most states maintained a weak executive without veto or appointment powers, elected annually by

1242-463: A dominant figure in American politics. Historians believe Roosevelt permanently changed the political system by strengthening the presidency, with some key accomplishments including breaking up trusts, conservationism, labor reforms, making personal character as important as the issues, and hand-picking his successor, William Howard Taft . The following decade, Woodrow Wilson led the nation to victory during World War I , although Wilson's proposal for

1380-545: A good deal of foreign and domestic policy without aid, interference or consent from Congress". Bill Wilson , board member of Americans for Limited Government , opined that the expanded presidency was "the greatest threat ever to individual freedom and democratic rule". Article I, Section   1 of the Constitution vests all lawmaking power in Congress's hands, and Article 1, Section 6, Clause   2 prevents

1518-649: A loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need." The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to

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1656-432: A majority vote in the Senate. The Appointments Clause also establishes that Congress can, by law, allow the President, the courts, or the heads of departments to appoint "inferior officers" without requiring the advice and consent of the Senate. The final clause of Section 2 grants the President the power to make recess appointments to fill vacancies that occur when the Senate is in recess. Section 3 of Article Two lays out

1794-466: A month after taking office. Presidents often grant pardons shortly before leaving office, like when Bill Clinton pardoned Patty Hearst on his last day in office; this is often controversial . Two doctrines concerning executive power have developed that enable the president to exercise executive power with a degree of autonomy. The first is executive privilege , which allows the president to withhold from disclosure any communications made directly to

1932-468: A part of the United States Army, even when under state command. The same ranks and insignia are used and National Guardsmen are eligible to receive all United States military awards . All Georgia National Guard soldiers are also eligible for a number of state awards for local services rendered in or to the state of Georgia . Georgia also maintains its own State Defense Force . This force

2070-431: A presidential veto, it requires a two-thirds vote of both houses, which is usually very difficult to achieve except for widely supported bipartisan legislation. The framers of the Constitution feared that Congress would seek to increase its power and enable a "tyranny of the majority", so giving the indirectly elected president a veto was viewed as an important check on the legislative power. While George Washington believed

2208-438: A sexual harassment suit could proceed without delay, even against a sitting president. The 2019 Mueller report on Russian interference in the 2016 presidential election detailed evidence of possible obstruction of justice , but investigators declined to refer Donald Trump for prosecution based on a United States Department of Justice policy against indicting an incumbent president. The report noted that impeachment by Congress

2346-612: A sitting American president led troops in the field", though James Madison briefly took control of artillery units in defense of Washington, D.C. , during the War of 1812 . Abraham Lincoln was deeply involved in overall strategy and in day-to-day operations during the American Civil War , 1861–1865; historians have given Lincoln high praise for his strategic sense and his ability to select and encourage commanders such as Ulysses S. Grant . The present-day operational command of

2484-550: A state visit by a foreign head of state, the president typically hosts a State Arrival Ceremony held on the South Lawn , a custom begun by John F. Kennedy in 1961. This is followed by a state dinner given by the president which is held in the State Dining Room later in the evening. As a national leader, the president also fulfills many less formal ceremonial duties. For example, William Howard Taft started

2622-424: A third. In addition, nine vice presidents have become president by virtue of a president's intra-term death or resignation . In all, 45 individuals have served 46 presidencies spanning 58 four-year terms. Joe Biden is the 46th and current president, having assumed office on January 20, 2021. President-elect Donald Trump is scheduled to be inaugurated as the 47th president on January 20, 2025. During

2760-510: Is done by the vice president and Cabinet, the Amendment permits the president to take control back, unless the vice president and Cabinet challenge the president and two-thirds of both Houses vote to sustain the findings of the vice president and Cabinet. If the declaration is done by the president, the president may take control back without risk of being overridden by the Congress. The President shall, at stated Times, receive for his Services,

2898-413: Is head of the executive branch of the federal government and is constitutionally obligated to "take care that the laws be faithfully executed". The executive branch has over four million employees, including the military. Presidents make political appointments . An incoming president may make up to 4,000 upon taking office, 1200 of which must be confirmed by the U.S. Senate . Ambassadors , members of

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3036-711: Is separate from the National Guard and reports to the Governor of Georgia as Commander-in-Chief. The GSDF services the state exclusively, especially when the National Guard is deployed and unavailable. The Georgia National Guard has a State Partnership Program relationship with the Georgian Defence Forces since 1994, and Argentina since 2016. In 2021, in response to a massive spike in COVID-19 cases, more than 100 National Guard personnel were deployed to 20 hospitals across Georgia. The adjutant general

3174-449: Is the names of the candidates who are on the ballot to be elected. Most states do not put the names of the electors on the ballot. It is generally understood by the voters and the electors themselves that they are the representative "stand-ins" for the candidates and are expected to cast their electoral college ballots for the president and vice president who appeared on the ballot. The actual electors being voted for are usually selected by

3312-574: Is the senior military officer and de facto commander of the Georgia National Guard. Also known as TAG, they are subordinated to the governor, the chief executive. As of 2010 there had been 36 adjutants general in Georgia; the position had changed hands 42 times. President of the United States [REDACTED] [REDACTED] The president of the United States ( POTUS ) is the head of state and head of government of

3450-571: Is to be commander-in-chief of the army and navy of the United States.   ... It would amount to nothing more than the supreme command and direction of the military and naval forces   ... while that [the power] of the British king extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all [of] which   ... would appertain to the legislature. [Emphasis in

3588-693: The 1st United States Congress passed the Oath Administration Act (that remains in effect) which provides that "...the oath or affirmation required by the sixth article of the Constitution of the United States… shall be administered to [the President of the Senate]". Currently, the vice presidential oath is the same as that for members of Congress and members of the Cabinet. I do solemnly swear (or affirm) that I will support and defend

3726-553: The 23rd Amendment , the District of Columbia may choose no more electors than the state with the lowest number of electoral votes (in effect, three electors), although since that amendment's ratification the District's population has never reached the threshold that would otherwise entitle it to choose four or more electors. U.S. Senators, Representatives and federal government officials are barred from becoming electors; in practice,

3864-852: The American Revolutionary War , the Thirteen Colonies , represented by the Second Continental Congress in Philadelphia , declared themselves to be independent sovereign states and no longer under British rule. The affirmation was made in the Declaration of Independence , which was written predominantly by Thomas Jefferson and adopted unanimously on July 4, 1776, by the Second Continental Congress. Recognizing

4002-635: The Boy Scouts of America . Article Two of the United States Constitution Article Two of the United States Constitution establishes the executive branch of the federal government , which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the President of the United States , lays out the procedures for electing and removing

4140-523: The Cabinet , a practice that subsequent Presidents have followed. The Treaty Clause grants the President the power to enter into treaties with the approval of two-thirds of the Senate . The Appointments Clause grants the President the power to appoint judges and public officials subject to the advice and consent of the Senate, which in practice has meant that Presidential appointees must be confirmed by

4278-481: The Cabinet , and various officers , are among the positions filled by presidential appointment with Senate confirmation. The power of a president to fire executive officials has long been a contentious political issue. Generally, a president may remove executive officials at will. However, Congress can curtail and constrain a president's authority to fire commissioners of independent regulatory agencies and certain inferior executive officers by statute . To manage

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4416-710: The League of Nations was rejected by the Senate. Warren Harding , while popular in office, would see his legacy tarnished by scandals, especially Teapot Dome , and Herbert Hoover quickly became very unpopular after failing to alleviate the Great Depression . The ascendancy of Franklin D. Roosevelt in 1933 led further toward what historians now describe as the Imperial presidency . Backed by enormous Democratic majorities in Congress and public support for major change, Roosevelt's New Deal dramatically increased

4554-660: The Newburgh Conspiracy and Shays' Rebellion demonstrated that the Articles of Confederation were not working. Following the successful resolution of commercial and fishing disputes between Virginia and Maryland at the Mount Vernon Conference in 1785, Virginia called for a trade conference between all the states, set for September 1786 in Annapolis, Maryland , with an aim toward resolving further-reaching interstate commercial antagonisms. When

4692-559: The Supreme Court of the United States . However, these nominations require Senate confirmation before they may take office. Securing Senate approval can provide a major obstacle for presidents who wish to orient the federal judiciary toward a particular ideological stance. When nominating judges to U.S. district courts , presidents often respect the long-standing tradition of senatorial courtesy . Presidents may also grant pardons and reprieves . Gerald Ford pardoned Richard Nixon

4830-588: The U.S. Constitution emerged. As the nation's first president, George Washington established many norms that would come to define the office. His decision to retire after two terms helped address fears that the nation would devolve into monarchy, and established a precedent that would not be broken until 1940 and would eventually be made permanent by the Twenty-Second Amendment . By the end of his presidency, political parties had developed, with John Adams defeating Thomas Jefferson in 1796,

4968-588: The United States of America . The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces . The power of the presidency has grown substantially since the first president, George Washington , took office in 1789. While presidential power has ebbed and flowed over time, the presidency has played an increasingly significant role in American political life since

5106-610: The Watergate scandal , Congress enacted a series of reforms intended to reassert itself. These included the War Powers Resolution , enacted over Nixon's veto in 1973, and the Congressional Budget and Impoundment Control Act of 1974 that sought to strengthen congressional fiscal powers. By 1976, Gerald Ford conceded that "the historic pendulum" had swung toward Congress, raising the possibility of

5244-636: The Watergate scandal , the Supreme Court ruled in United States v. Nixon , 418 U.S. 683 (1974), that executive privilege did not apply in cases where a president was attempting to avoid criminal prosecution. When Bill Clinton attempted to use executive privilege regarding the Lewinsky scandal , the Supreme Court ruled in Clinton v. Jones , 520 U.S. 681 (1997), that

5382-422: The chief justice , declared in his dissent "It would require far more of a discourse than could profitably be included in an opinion such as this to fully describe the preeminent position that the president of the United States occupies with respect to our Republic. Suffice it to say that the president is made the sole repository of the executive powers of the United States, and the powers entrusted to him as well as

5520-490: The convention failed for lack of attendance due to suspicions among most of the other states, Alexander Hamilton of New York led the Annapolis delegates in a call for a convention to offer revisions to the Articles, to be held the next spring in Philadelphia . Prospects for the next convention appeared bleak until James Madison and Edmund Randolph succeeded in securing George Washington 's attendance to Philadelphia as

5658-580: The separation of powers among the three branches of government. Section 1 also establishes the Electoral College , the body charged with electing the President and the Vice President. Section 1 provides that each state chooses members of the Electoral College in a manner directed by each state's respective legislature, with the states granted electors equal to their combined representation in both houses of Congress . Section 1 lays out

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5796-585: The 1830s and 1840s until debates over slavery began pulling the nation apart in the 1850s. Abraham Lincoln 's leadership during the Civil War has led historians to regard him as one of the nation's greatest presidents. The circumstances of the war and Republican domination of Congress made the office very powerful, and Lincoln's re-election in 1864 was the first time a president had been re-elected since Jackson in 1832. After Lincoln's assassination, his successor Andrew Johnson lost all political support and

5934-524: The 20th century, especially during the Cold War , the U.S. president was often called "the leader of the free world". Article II of the Constitution establishes the executive branch of the federal government and vests executive power in the president. The power includes the execution and enforcement of federal law and the responsibility to appoint federal executive, diplomatic, regulatory, and judicial officers. Based on constitutional provisions empowering

6072-666: The Armed Forces is delegated to the Department of Defense and is normally exercised through the secretary of defense . The chairman of the Joint Chiefs of Staff and the Combatant Commands assist with the operation as outlined in the presidentially approved Unified Command Plan (UCP). The president has the power to nominate federal judges , including members of the United States courts of appeals and

6210-475: The Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. Under the U.S. Constitution the President and Vice President are chosen by electors , under a Constitutional grant of authority delegated to the legislatures of the several states. The Constitution reserves the choice of the precise manner for selecting electors to

6348-477: The Constitution grants to the president as commander-in-chief has been the subject of much debate throughout history, with Congress at various times granting the president wide authority and at others attempting to restrict that authority. The framers of the Constitution took care to limit the president's powers regarding the military; Alexander Hamilton explained this in Federalist No. 69 : The President

6486-468: The Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. In the landmark decision Nixon v. General Services Administration (1977), Justice William Rehnquist , afterwards

6624-732: The Constitution." Andrew Jackson , while vetoing an Act for the renewal of the charter of the national bank, implied that the president could refuse to execute statutes that he felt were unconstitutional. In suspending the privilege of the writ of habeas corpus , President Abraham Lincoln claimed that he acted according to the oath. His action was challenged in court and overturned by the U.S. Circuit Court in Maryland (led by Chief Justice Roger B. Taney ) in Ex Parte Merryman , 17 F. Cas. 144 (C.C.D. Md. 1861). Lincoln ignored Taney's order. Finally, Andrew Johnson 's counsel referred to

6762-688: The Day on which they shall give their Votes; which Day shall be the same throughout the United States. Congress sets a national Election Day . Currently, electors are chosen on the Tuesday following the first Monday in November (the first Tuesday after November 1), in the year before the president's term is to expire. The electors cast their votes on the Monday following the second Wednesday in December (the first Monday after December 12) of that year. Thereafter,

6900-541: The Disability be removed, or a President shall be elected. ( Note: This clause was partially superseded by the 25th Amendment in 1967.) The wording of this clause caused much controversy at the time it was first used. When William Henry Harrison died in office, a debate arose over whether the vice president would become president, or if he would just inherit the powers, thus becoming an acting president. Harrison's vice president, John Tyler , believed that he had

7038-796: The Execution of his Office, he shall take the following Oath or Affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." According to the Joint Congressional Committee on Presidential Inaugurations, George Washington added the words "So help me God" during his first inaugural, though this has been disputed. There are no contemporaneous sources for this fact, and no eyewitness sources to Washington's first inaugural mention

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7176-510: The Georgia National Guard into state service during emergencies or to assist in special situations which lend themselves to use of the National Guard. The state mission assigned to the National Guard is: "To provide trained and disciplined forces for domestic emergencies or as otherwise provided by state law." As authorized under the Constitution , Congress has the power to regulate National Guard units; hence they are trained and equipped as

7314-665: The House of Representatives shall immediately chuse [ sic ] by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse [ sic ] the President. But in chusing [ sic ] the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of

7452-404: The Internet to declaring martial law. This led the magazine The Atlantic to observe that "the misuse of emergency powers is a standard gambit among leaders attempting to consolidate power", because, in the words of Justice Robert H. Jackson 's dissent in Korematsu v. United States (1944), the decision that upheld the internment of Japanese Americans , each emergency power "lies about like

7590-418: The Middle Ages up to the Constitution's creation. The 12th Amendment introduced a number of important changes to the procedure. Now, electors do not cast two votes for president; rather, they cast one vote for president and another for vice president. In case no presidential candidate receives a majority, the House chooses from the top three (not five, as before the 12th Amendment). The Amendment also requires

7728-439: The Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. At the time of taking office , the President must be: A person who meets the above qualifications, however, may still be constitutionally barred from holding the office of president under any of the following conditions: In Case of

7866-480: The President to obey and enforce all laws, though the President retains some discretion in interpreting the laws and determining how to enforce them. Section 4 of Article Two gives directives on impeachment. The directive states, "The President, Vice President and all civil Officers of the United States shall be removed from office on Impeachment for, and conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." The executive Power shall be vested in

8004-420: The President, and establishes the President's powers and responsibilities. Section 1 of Article Two establishes the positions of the President and the Vice President, and sets the term of both offices at four years. Section 1's Vesting Clause declares that the executive power of the federal government is vested in the President and, along with the Vesting Clauses of Article One and Article Three , establishes

8142-406: The President. In fact, because those actions require legislation passed by Congress which must be signed by the President to take effect, those powers are not strictly executive powers granted to or retained by Congress per se. Nor were they retained by the U.S. Congress as leftovers from the Articles of Confederation. The Articles of Confederation, Continental Congress and its powers were abolished at

8280-419: The Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until

8418-485: The Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then

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8556-402: The Senate to choose the vice president from those with the two highest figures if no vice presidential candidate receives a majority of electoral votes (rather than only if there's a tie for second for president). It also stipulates that to be the vice president, a person must be qualified to be the president. The Congress may determine the Time of chusing [ sic ] the Electors, and

8694-418: The Supreme Court dismissed a case brought by a former Union spy. However, the privilege was not formally recognized by the U.S. Supreme Court until United States v. Reynolds 345 U.S. 1 (1953), where it was held to be a common law evidentiary privilege. Before the September 11 attacks , use of the privilege had been rare, but increasing in frequency. Since 2001, the government has asserted

8832-483: The United States and other countries. Such agreements, upon receiving the advice and consent of the U.S. Senate (by a two-thirds majority vote), become binding with the force of federal law. While foreign affairs has always been a significant element of presidential responsibilities, advances in technology since the Constitution's adoption have increased presidential power. Where formerly ambassadors were vested with significant power to independently negotiate on behalf of

8970-578: The United States becoming the world's undisputed leading power, Bill Clinton , George W. Bush , and Barack Obama each served two terms as president. Meanwhile, Congress and the nation gradually became more politically polarized, especially following the 1994 mid-term elections that saw Republicans control the House for the first time in 40 years, and the rise of routine filibusters in the Senate in recent decades. Recent presidents have thus increasingly focused on executive orders , agency regulations, and judicial appointments to implement major policies, at

9108-423: The United States, presidents now routinely meet directly with leaders of foreign countries. One of the most important of executive powers is the president's role as commander-in-chief of the United States Armed Forces . The power to declare war is constitutionally vested in Congress, but the president has ultimate responsibility for the direction and disposition of the military. The exact degree of authority that

9246-447: The United States, the President has the authority to withdraw the United States from treaties when it is in the best interests and well being of the U.S. Presidential appointments are approved by advice and consent of the Senate. Senate consent occurs when a majority of senators votes to approve a nominee. The head of the Executive Branch is the President. The Constitution states that the President and Vice President are to be elected at

9384-402: The White House". Presidents have been criticized for making signing statements when signing congressional legislation about how they understand a bill or plan to execute it. This practice has been criticized by the American Bar Association as unconstitutional. Conservative commentator George Will wrote of an "increasingly swollen executive branch" and "the eclipse of Congress". To allow

9522-410: The ability of a state to appoint its electors based on electoral districts rather than a statewide popular vote, describing the power of state legislatures to determine the method of appointment of electors as "plenary", and suggesting that it was not limited even by state constitutions. In Bush v. Palm Beach County Canvassing Board (2000), the Supreme Court remanded to the Supreme Court of Florida

9660-489: The armed forces, or by vesting in him a broad, undefined “executive Power.” Congress has delegated at least 136 distinct statutory emergency powers to the President, each available upon the declaration of an emergency. Only 13 of these require a declaration from Congress; the remaining 123 are assumed by an executive declaration with no further Congressional input. Congressionally-authorized emergency presidential powers are sweeping and dramatic and range from seizing control of

9798-488: The beginning of the 20th century, carrying over into the 21st century with notable expansions during the presidencies of Franklin D. Roosevelt and George W. Bush . In modern times, the president is one of the world's most powerful political figures and the leader of the world's only remaining superpower . As the leader of the nation with the largest economy by nominal GDP , the president possesses significant domestic and international hard and soft power . For much of

9936-590: The candidate's party. There have been a few cases where some electors have refused to vote for the designated candidate, termed a faithless elector . Many states have mandated in law that electors shall cast their electoral college ballot for the designated presidential candidate. The constitutionality of such mandates was established by the Supreme Court of the United States in Chiafalo v. Washington (2020). Each state chooses as many electors as it has representatives and senators representing it in Congress. Under

10074-450: The constraints of eighteenth-century technology there was no practical means for that constituency to resolve deadlocked elections in a timely manner, thus necessitating the involvement of Congress in resolving deadlocked elections. Obviously, having the electors meet in the national capital or some other single venue could have permitted the electors to choose a president by means of an exhaustive ballot without Congressional involvement, but

10212-478: The course of bringing about a prompt removal of such forces." Treaties are official agreements with foreign governments. Treaties must be approved by Senate. While the President does not make treaties, the President shapes and determines U.S. foreign policy initiatives, can enter into discussions and give conditional approval to agreements reached with foreign governments subject to Senate approval. In their capacity as Head of State and individual representative of

10350-552: The death of William Henry Harrison and subsequent poor relations between John Tyler and Congress led to further weakening of the office. Including Van Buren, in the 24 years between 1837 and 1861, six presidential terms would be filled by eight different men, with none serving two terms. The Senate played an important role during this period, with the Great Triumvirate of Henry Clay , Daniel Webster , and John C. Calhoun playing key roles in shaping national policy in

10488-457: The deposed British system of Crown and Parliament ought to have functioned with respect to the royal dominion : a superintending body for matters that concerned the entire empire. The states were out from under any monarchy and assigned some formerly royal prerogatives (e.g., making war, receiving ambassadors, etc.) to Congress; the remaining prerogatives were lodged within their own respective state governments. The members of Congress elected

10626-471: The duties imposed upon him are awesome indeed." Unlike the modern constitutions of many other countries, which specify when and how a state of emergency may be declared and which rights may be suspended, the U.S. Constitution itself includes no comprehensive separate regime for emergencies. However, according to The Atlantic , some legal scholars believe that the Constitution gives the president inherent emergency powers by making him commander in chief of

10764-550: The electors met in a single venue, especially under the initial assumption that they would act independently as opposed to being bound to vote for particular candidates, they would be vulnerable to the influence of mobs who might try to ensure a particular result by means of threats and intimidation – this had been a fairly common occurrence in European elections for powerful officials by relatively small constituencies (for example, and perhaps in particular, in papal elections ) from

10902-461: The executive branch may draft legislation and then ask senators or representatives to introduce these drafts into Congress. Additionally, the president may attempt to have Congress alter proposed legislation by threatening to veto that legislation unless requested changes are made. Many laws enacted by Congress do not address every possible detail, and either explicitly or implicitly delegate powers of implementation to an appropriate federal agency. As

11040-407: The expense of legislation and congressional power. Presidential elections in the 21st century have reflected this continuing polarization, with no candidate except Obama in 2008 winning by more than five percent of the popular vote and two, George W. Bush and Donald Trump , winning in the Electoral College while losing the popular vote. The nation's Founding Fathers expected the Congress , which

11178-504: The federal government by issuing various types of directives , such as presidential proclamation and executive orders . When the president is lawfully exercising one of the constitutionally conferred presidential responsibilities, the scope of this power is broad. Even so, these directives are subject to judicial review by U.S. federal courts, which can find them to be unconstitutional. Congress can overturn an executive order through legislation. Article II, Section 3, Clause 4 requires

11316-490: The fifteen Cabinet secretaries in order of each department's establishment. There are concerns regarding the constitutionality of having members of Congress in the line of succession, however, as this clause specifies that only an " officer of the United States " may be designated as a presidential successor. Constitutional scholars from James Madison to the present day have argued that the term "officer" excludes members of Congress. The 25th Amendment explicitly states that if

11454-539: The first U.S. president, firmly established military subordination under civilian authority . In 1794, Washington used his constitutional powers to assemble 12,000 militia to quell the Whiskey Rebellion , a conflict in Western Pennsylvania involving armed farmers and distillers who refused to pay an excise tax on spirits. According to historian Joseph Ellis , this was the "first and only time

11592-536: The first truly contested presidential election. After Jefferson defeated Adams in 1800, he and his fellow Virginians James Madison and James Monroe would each serve two terms, eventually dominating the nation's politics during the Era of Good Feelings until Adams' son John Quincy Adams won election in 1824 after the Democratic-Republican Party split. The election of Andrew Jackson in 1828

11730-401: The five with the greatest number of votes. When the House voted, each state delegation cast one vote, and the vote of a majority of states was necessary to choose a president. If second-place candidates were tied, then the Senate broke the tie. A quorum in the House consisted of at least one member from two-thirds of the state delegations; there was no special quorum for the Senate. This procedure

11868-506: The framers were dissuaded from such an arrangement by two major considerations. First, it would have been quite burdensome for electors from distant states to travel to the national capital using eighteenth century means for the sole purpose of electing the president – since they were to be barred from simultaneously serving in the federal government in any other capacity, electors would likely have no other reason to go there. But probably even more importantly, many framers genuinely feared that if

12006-417: The government to act quickly in case of a major domestic or international crisis arising when Congress is not in session, the president is empowered by Article II, Section   3 of the Constitution to call a special session of one or both houses of Congress. Since John Adams first did so in 1797, the president has called the full Congress to convene for a special session on 27 occasions. Harry S. Truman

12144-604: The growing federal bureaucracy, presidents have gradually surrounded themselves with many layers of staff, who were eventually organized into the Executive Office of the President of the United States . Within the Executive Office, the president's innermost layer of aides, and their assistants, are located in the White House Office . The president also possesses the power to manage operations of

12282-474: The head of the executive branch, presidents control a vast array of agencies that can issue regulations with little oversight from Congress. In the 20th century, critics charged that too many legislative and budgetary powers that should have belonged to Congress had slid into the hands of presidents. One critic charged that presidents could appoint a "virtual army of 'czars'—each wholly unaccountable to Congress yet tasked with spearheading major policy efforts for

12420-408: The individuals voted for had to be from a state different from the elector's. The individual with the majority of votes became president, and the runner-up became vice president. In case of a tie between candidates who received votes from a majority of electors, the House of Representatives would choose one of the tied candidates; if no person received a majority, then the House could again choose one of

12558-510: The latter grants judicial power solely to the Supreme Court, and other federal courts established by law. These three articles together secure a separation of powers among the three branches of the federal government , and individually, each one entrenches checks and balances on the operation and power of the other two branches. Article I grants certain powers to Congress, and the Vesting Clause does not reassign those powers to

12696-422: The legislature to a single term only, sharing power with an executive council, and countered by a strong legislature. New York offered the greatest exception, having a strong, unitary governor with veto and appointment power elected to a three-year term, and eligible for reelection to an indefinite number of terms thereafter. It was through the closed-door negotiations at Philadelphia that the presidency framed in

12834-539: The necessity of closely coordinating their efforts against the British , the Continental Congress simultaneously began the process of drafting a constitution that would bind the states together. There were long debates on a number of issues, including representation and voting, and the exact powers to be given the central government. Congress finished work on the Articles of Confederation to establish

12972-512: The office as a position of global leadership. His successors, Harry Truman and Dwight D. Eisenhower , each served two terms as the Cold War led the presidency to be viewed as the " leader of the free world ", while John F. Kennedy was a youthful and popular leader who benefited from the rise of television in the 1960s. After Lyndon B. Johnson lost popular support due to the Vietnam War and Richard Nixon 's presidency collapsed in

13110-423: The original.] In the modern era, pursuant to the War Powers Resolution , Congress must authorize any troop deployments longer than 60 days, although that process relies on triggering mechanisms that have never been employed, rendering it ineffectual. Additionally, Congress provides a check to presidential military power through its control over military spending and regulation. Presidents have historically initiated

13248-400: The phrase at all—including those that transcribed what he said for his oath. Also, the president-elect's name is typically added after the "I", for example, "I, George Washington, do...." Normally, the chief justice of the United States administers the oath. It is sometimes asserted that the oath bestows upon the president the power to do whatever is necessary to "preserve, protect and defend

13386-643: The power of Congress to regulate political contributions intended to influence the appointment of electors in Burroughs v. United States (1934). The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to

13524-555: The powers of the Presidency, establishing that the President serves as the Commander-in-Chief of the military, among many other roles. This section gives the President the power to grant pardons . Section 2 also requires the "principal officer" of any executive department to tender advice. Though not required by Article Two, President George Washington organized the principal officers of the executive departments into

13662-524: The president (and all other executive branch officers) from simultaneously being a member of Congress. Nevertheless, the modern presidency exerts significant power over legislation, both due to constitutional provisions and historical developments over time. The president's most significant legislative power derives from the Presentment Clause , which gives the president the power to veto any bill passed by Congress . While Congress can override

13800-406: The president believes are needed. Additionally, the president can attempt to shape legislation during the legislative process by exerting influence on individual members of Congress. Presidents possess this power because the Constitution is silent about who can write legislation, but the power is limited because only members of Congress can introduce legislation. The president or other officials of

13938-413: The president dies, resigns or is removed from office, the vice president becomes president, and also establishes a procedure for filling a vacancy in the office of the vice president. The Amendment further provides that the president, or the vice president and Cabinet, can declare the president unable to discharge his or her duties, in which case the vice president becomes Acting president. If the declaration

14076-461: The president in the performance of executive duties. George Washington first claimed the privilege when Congress requested to see Chief Justice John Jay 's notes from an unpopular treaty negotiation with Great Britain . While not enshrined in the Constitution or any other law, Washington's action created the precedent for the privilege. When Nixon tried to use executive privilege as a reason for not turning over subpoenaed evidence to Congress during

14214-504: The president is authorized to adjourn Congress if the House and Senate cannot agree on the time of adjournment; no president has ever had to exercise this power. Suffice it to say that the President is made the sole repository of the executive powers of the United States, and the powers entrusted to him as well as the duties imposed upon him are awesome indeed. Nixon v. General Services Administration , 433 U.S. 425 (1977) ( Rehnquist, J. , dissenting ) The president

14352-422: The president personally has absolute immunity from court cases is contested and has been the subject of several Supreme Court decisions. Nixon v. Fitzgerald (1982) dismissed a civil lawsuit against by-then former president Richard Nixon based on his official actions. Clinton v. Jones (1997) decided that a president has no immunity against civil suits for actions taken before becoming president and ruled that

14490-505: The president to "receive Ambassadors." This clause, known as the Reception Clause, has been interpreted to imply that the president possesses broad power over matters of foreign policy, and to provide support for the president's exclusive authority to grant recognition to a foreign government. The Constitution also empowers the president to appoint United States ambassadors, and to propose and chiefly negotiate agreements between

14628-457: The president to appoint and receive ambassadors and conclude treaties with foreign powers, and on subsequent laws enacted by Congress, the modern presidency has primary responsibility for conducting U.S. foreign policy. The role includes responsibility for directing the world's most expensive military , which has the second-largest nuclear arsenal . The president also plays a leading role in federal legislation and domestic policymaking. As part of

14766-516: The president to recommend such measures to Congress which the president deems "necessary and expedient". This is done through the constitutionally-based State of the Union address, which usually outlines the president's legislative proposals for the coming year, and through other formal and informal communications with Congress. The president can be involved in crafting legislation by suggesting, requesting, or even insisting that Congress enact laws that

14904-401: The president's death. The "Tyler Precedent" established that if the president dies, resigns or is removed from office, the vice president becomes president. The Congress may provide for a line of succession beyond the vice president. The current Presidential Succession Act establishes the order as the speaker of the House of Representatives, the president pro tempore of the Senate and then

15042-494: The president's veto power with the Line Item Veto Act . The legislation empowered the president to sign any spending bill into law while simultaneously striking certain spending items within the bill, particularly any new spending, any amount of discretionary spending, or any new limited tax benefit. Congress could then repass that particular item. If the president then vetoed the new legislation, Congress could override

15180-508: The president. The state secrets privilege allows the president and the executive branch to withhold information or documents from discovery in legal proceedings if such release would harm national security . Precedent for the privilege arose early in the 19th century when Thomas Jefferson refused to release military documents in the treason trial of Aaron Burr and again in Totten v. United States 92 U.S. 105 (1876), when

15318-501: The president. In recent decades, presidents have also made increasing use of executive orders , agency regulations, and judicial appointments to shape domestic policy. The president is elected indirectly through the Electoral College to a four-year term, along with the vice president . Under the Twenty-second Amendment , ratified in 1951, no person who has been elected to two presidential terms may be elected to

15456-404: The previous thirty years worked towards "undivided presidential control of the executive branch and its agencies". She criticized proponents of the unitary executive theory for expanding "the many existing uncheckable executive powers—such as executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements—that already allow presidents to enact

15594-424: The privilege also could not be used in civil suits. These cases established the legal precedent that executive privilege is valid, although the exact extent of the privilege has yet to be clearly defined. Additionally, federal courts have allowed this privilege to radiate outward and protect other executive branch employees but have weakened that protection for those executive branch communications that do not involve

15732-515: The privilege in more cases and at earlier stages of the litigation, thus in some instances causing dismissal of the suits before reaching the merits of the claims, as in the Ninth Circuit 's ruling in Mohamed v. Jeppesen Dataplan, Inc. Critics of the privilege claim its use has become a tool for the government to cover up illegal or embarrassing government actions. The degree to which

15870-481: The procedures of the Electoral College and requires the House of Representatives to hold a contingent election to select the President if no individual wins a majority of the electoral vote. Section 1 also sets forth the eligibility requirements for the office of the President, provides procedures in case of a Presidential vacancy, and requires the President to take an oath of office . Section 2 of Article Two lays out

16008-500: The process for going to war, but critics have charged that there have been several conflicts in which presidents did not get official declarations, including Theodore Roosevelt 's military move into Panama in 1903, the Korean War , the Vietnam War , and the invasions of Grenada in 1983 and Panama in 1989. The amount of military detail handled personally by the president in wartime has varied greatly. George Washington,

16146-688: The question of "the extent to which the Florida Supreme Court saw the Florida Constitution as circumscribing the legislature's authority under Art. II, § 1, cl. 2". In Williams v. Rhodes (1968), the Court struck down as a violation of the Equal Protection Clause an Ohio law which placed heavy burdens on minor parties seeking to be placed on the ballot for presidential electors. The Supreme Court upheld

16284-532: The responsibilities of the President, granting the President the power to convene both Houses of Congress, receive foreign representatives, and commission all federal officers. Section 3 requires the President to inform Congress of the "state of the union"; since 1913 this has taken the form of a speech referred to as the State of the Union . The Recommendation Clause requires the President to recommend measures deemed "necessary and expedient." The Take Care Clause requires

16422-481: The right to become president. However, many senators argued that he only had the right to assume the powers of the presidency long enough to call for a new election. Because the wording of the clause is so vague, it was impossible for either side to prove its point. Tyler took the Oath of Office as president, setting a precedent that made it possible for later vice presidents to ascend to the presidency unchallenged following

16560-515: The same time, for the same term, and by the same constituency. It is believed the framers wanted to preserve the independence of the executive branch should the Vice President assume the Presidency. Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in

16698-493: The size and scope of the federal government, including more executive agencies. The traditionally small presidential staff was greatly expanded, with the Executive Office of the President being created in 1939, none of whom require Senate confirmation. Roosevelt's unprecedented re-election to a third and fourth term, the victory of the United States in World War II , and the nation's growing economy all helped established

16836-407: The source of his authority for the action. Once legal notification is given to Congress, military action can continue for up to 60 days without further authorization from Congress, or up to 90 days if the President "determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in

16974-462: The system of separation of powers , Article I, Section   7 of the Constitution gives the president the power to sign or veto federal legislation. Since modern presidents are typically viewed as leaders of their political parties, major policymaking is significantly shaped by the outcome of presidential elections, with presidents taking an active role in promoting their policy priorities to members of Congress who are often electorally dependent on

17112-461: The theory during his impeachment trial . Otherwise, few have seriously asserted that the oath augments the president's powers. The vice president also has an oath of office , but it is taken under the Oath or Affirmation Clause of Article VI that provides that "all ... Officers ... of the United States ... shall be bound by Oath or Affirmation, to support this Constitution". Pursuant to Article VI,

17250-436: The time the new U.S. Congress was seated and the new federal government formally and officially replaced its interim predecessor. The President may order military action in defense of the United States pursuant to "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces". The President must notify Congress within 48 hours after the beginning of military operations, giving

17388-622: The tradition of throwing out the ceremonial first pitch in 1910 at Griffith Stadium , Washington, D.C., on the Washington Senators's Opening Day . Every president since Taft, except for Jimmy Carter , threw out at least one ceremonial first ball or pitch for Opening Day, the All-Star Game , or the World Series , usually with much fanfare. Every president since Theodore Roosevelt has served as honorary president of

17526-415: The two major federal parties frequently select senior state party and government officials (up to and including governors) to serve as electors. All states other than Maine (including the District of Columbia) use a first past the post system in their presidential elections. In 2020, Maine switched from first past the post to ranked choice . In McPherson v. Blacker (1892), the Supreme Court affirmed

17664-407: The veto by its ordinary means, a two-thirds vote in both houses. In Clinton v. City of New York , 524 U.S. 417 (1998), the U.S. Supreme Court ruled such a legislative alteration of the veto power to be unconstitutional. For most of American history, candidates for president have sought election on the basis of a promised legislative agenda. Article II, Section 3, Clause 2 requires

17802-528: The veto should only be used in cases where a bill was unconstitutional, it is now routinely used in cases where presidents have policy disagreements with a bill. The veto – or threat of a veto – has thus evolved to make the modern presidency a central part of the American legislative process. Specifically, under the Presentment Clause, once a bill has been presented by Congress, the president has three options: In 1996, Congress attempted to enhance

17940-630: The votes are opened and counted by the vice president, as president of the Senate , in a joint session of Congress . Section 1 of Article Two of the United States Constitution sets forth the eligibility requirements for serving as president of the United States: No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to

18078-538: The will of the state legislatures. It does not define or delimit what process a state legislature may use to create its state college of electors. In practice, the state legislatures have generally chosen to select electors through an indirect popular vote, since the 1820s. Most states use a "winner-take-all" system in which all the state's electors are awarded to the candidate gaining the most popular votes. Maine and Nebraska allow individual congressional districts to each elect one elector. In an indirect popular vote, it

18216-569: Was a significant milestone, as Jackson was not part of the Virginia and Massachusetts elite that had held the presidency for its first 40 years. Jacksonian democracy sought to strengthen the presidency at the expense of Congress, while broadening public participation as the nation rapidly expanded westward. However, his successor, Martin Van Buren , became unpopular after the Panic of 1837 , and

18354-517: Was available as a remedy. As of October 2019, a case was pending in the federal courts regarding access to personal tax returns in a criminal case brought against Donald Trump by the New York County District Attorney alleging violations of New York state law. As head of state , the president represents the United States government to its own people and represents the nation to the rest of the world. For example, during

18492-492: Was changed by the 12th Amendment in 1804.) In modern practice, parties nominate their electors through various methods, see Elector Nominations . Then, each state chooses its electors in popular elections. In most states, the party with the plurality of the popular vote gets all of its electors chosen. Once chosen, the electors meet in their respective states to cast ballots for the president and vice president. Originally, each elector cast two votes for president; at least one of

18630-408: Was followed in 1801 after the electoral vote produced a tie, and nearly resulted in a deadlock in the House . While the Constitution reflects the framers' clear preference for the president to be elected by a constituency independent of the Congress, one of the most palpable limitations created by the stipulation that electors meet in their respective states as opposed to a single venue was that given

18768-539: Was nearly removed from office, with Congress remaining powerful during the two-term presidency of Civil War general Ulysses S. Grant . After the end of Reconstruction , Grover Cleveland would eventually become the first Democratic president elected since before the war, running in three consecutive elections (1884, 1888, 1892) and winning twice. In 1900, William McKinley became the first incumbent to win re-election since Grant in 1872. After McKinley's assassination by Leon Czolgosz in 1901, Theodore Roosevelt became

18906-429: Was the first branch of government described in the Constitution , to be the dominant branch of government; however, they did not expect a strong executive department. However, presidential power has shifted over time, which has resulted in claims that the modern presidency has become too powerful, unchecked, unbalanced, and "monarchist" in nature. In 2008 professor Dana D. Nelson expressed belief that presidents over

19044-752: Was the most recent to do so in July 1948, known as the Turnip Day Session . In addition, prior to ratification of the Twentieth Amendment in 1933, which brought forward the date on which Congress convenes from December to January, newly inaugurated presidents would routinely call the Senate to meet to confirm nominations or ratify treaties. In practice, the power has fallen into disuse in the modern era as Congress now formally remains in session year-round, convening pro forma sessions every three days even when ostensibly in recess. Correspondingly,

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