William_T._Bianco,_David_T._Canon]_American_Polit

424 Chapter 12Chapter 12 || The PresidencyThe Presidency

powers arise from the Constitution only, and others derive from a combination of

constitutional and statutory authority. Our aim is to show how the provisions that

define presidential authority operate in modern-day American politics: what kinds of

opportunities and constraints they create for the current president and future holders

of the office.

Head of the Executive Branch

A president’s responsibilities and the source of presidential power begin with the

constitutional responsibilities of the office. The Constitution’s vesting clause—“The

executive Power shall be vested in a President of the United States of America”—makes

the president the head of government, or the leader of the executive branch, as well

as the head of state, or the symbolic and political representative of the country. The

precise meaning of the vesting clause has been debated for more than 200 years.

Presidents and their supporters argue for an expansive meaning, while their opponents

counter that the clause is so vague as to be meaningless. These debates are an

important clue that presidential power is only partially due to specific constitutional

grants of authority—some of it comes from how each president interprets less concrete

statements such as the vesting clause.

The Constitution also places the president in charge of the implementation of

laws, saying “he shall take Care that the Laws be faithfully executed.” Sometimes the

implementation of a law is nearly automatic, as was the case with a 2014 law that has

raised the cost of federal flood insurance in recent years for homeowners who live in

flood-prone areas. The aim of the legislation was to increase insurance rates gradually

vesting clause

Article II, Section 1, of the

Constitution, which states: “The

executive Power shall be vested in

a President of the United States of

America,” making the president both

the head of government and the head

of state.

head of government

One role of the president, through

which he or she has authority over the

executive branch.

head of state

One role of the president, through

which he or she represents the country

symbolically and politically.

NUTS

& B O LT S

12 .1

Presidential Powers

Power Source of Power

Head of government, head of state (vesting clause) Constitutional authority

Implementation of laws (“faithful execution”) Constitutional and statutory authority

Executive orders and similar directives (rare) Constitutional and statutory authority

Administration of executive branch Constitutional authority

Nominations and appointments to executive branch and judiciary Constitutional and statutory authority

Commander in chief of armed forces Constitutional authority

Negotiation of treaties and executive agreements Constitutional and statutory authority

Veto of congressional actions Constitutional authority

Presidential pardons Constitutional authority

Other ceremonial powers Constitutional authority

Executive privilege Other

Recommendation of spending levels and other legislative initiatives Other

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