298 CHAPTER 10|THE PRESIDENCY
Head of the Executive Branch
The president’s job description begins with the list of constitutional responsibili-
ties of the offi ce. 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, granting him authority over the executive branch, as well
as the head of state, serving as the symbolic and political representative of the
country. The Constitution also places the president in charge of the implementa-
tion of laws, saying, “he shall take Care that the Laws be faithfully executed.”
Sometimes the implementation of a law is nearly automatic, and all the presi-
dent needs to do is ensure that bureaucrats use proper, lawful procedures to
accomplish the implementation. More commonly, the president’s authority to
implement the law requires using judgment to translate legislative goals into pro-
grams, budgets, and regulations. For example, the bank bailout legislation enacted
in late 2008 gave bureaucrats in the Bush (and later the Obama) administration
funds to be used to help banks and other companies in fi nancial distress but let
the bureaucrats decide who would receive the money, how much, and under what
terms.^12 Similarly, the Military Commissions Act of 2006 established the goal of
using military tribunals to review evidence against terror suspects but allowed
President Bush and his appointees to determine these tribunals’ procedures—
such as whether defendants could see classifi ed information that was part of the
evidence against them and whether evidence obtained through coercive interro-
gation could be used in the trials.^13 Presidents and their staff can also delay imple-
mentation of a law, either to avoid putting in place new policies they disapprove of
or to give them time to lobby Congress to reverse the decision.
Finally, the president’s control of the executive branch enables him to issue
orders to government agencies that make signifi cant policy changes. For example,
in April 2010 President Obama directed the Department of Health and Human
Services to prohibit discrimination against gay and lesbian couples in hospital vis-
itation rules.^14 While this order could be overturned by Congress, the president’s
ability to act unilaterally in this way conveys signifi cant power: unless opponents
in Congress can organize, write appropriate legislation, shepherd it through the
House and Senate, and override a presidential veto, the president’s decision will
prevail.APPOINTMENTS
The president appoints ambassadors, senior bureaucrats, and members of the
federal judiciary, including Supreme Court justices.^15 As head of the executive
branch, the president controls about 8,000 positions, ranging from high-profi le
jobs such as secretary of state to routine administrative and secretarial positions.
About 1,200 of these appointments—generally high-level positions such as cabi-
net secretaries—require Senate confi rmation. In the main, the Senate approves
the majority of the president’s nominees without much debate or controversy, with
exceptions concentrated in defense, intelligence, and justice positions.
In addition, presidents make nominations to the federal courts; Presidents Bill
Clinton and George W. Bush each appointed more than 400 judges. Because fed-
eral judgeships are lifetime appointments, they enable the president to put people
into positions of power who will remain after he leaves offi ce. For example, Presi-
dent George W. Bush appointed two conservative justices to the Supreme Court
whose impact was immediately apparent in a series of Court decisions released in
2007 on issues such as abortion rights, gun control, and affi rmative action.^16vesting clause Article II, Section 1,
of the Constitution, which states
that “executive Power shall be
vested in a President of the United
States of America,” making the
president both the head of govern-
ment 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.