American Politics Today - Essentials (3rd Ed)

300 CHAPTER 10|THE PRESIDENCY

The Senate approves the vast majority of the president’s nominees without much

controversy, but the need for Senate confi rmation of his appointments fundamen-

tally limits this presidential power. Rather than demanding that the Senate vote

on every nomination, presidents have often compromised by withdrawing the most

controversial names and proposing other candidates who are more satisfactory to

the Senate. For example, President Obama’s nominee for secretary of health and

human services, former senator Tom Daschle, withdrew his name from consider-

ation after it was revealed that he had to pay more than $100,000 in back taxes for

the use of a car and driver while he was a lobbyist.^17

One way the president can temporarily dodge the need for Senate approval is

to make a recess appointment during a period when Congress is not in session.

These appointments, however, are temporary, lasting only for the rest of the legis-

lative term. By making recess appointments, the president can fi ll vacant ambas-

sadorships or designate heads of cabinet departments without waiting for a Senate

vote. This provision was included in the Constitution because it was expected that

Congress would not be in session for much of the year; but in the modern era, when

Congress is in session almost continuously, recess appointments are sometimes

used to bypass the confi rmation process for controversial nominees.

EXECUTIVE ORDERS

Presidents have the power to issue executive orders, proclamations that uni-

laterally change government policy without subsequent congressional consent.^18

(Presidents can also issue other kinds of orders that change policy, such as National

Security Presidential Directives and Presidential Findings.) One executive order

issued by President Obama on December 29, 2009, changed the guidelines for

PRESIDENTIAL POWERS

NUTS & bolts

Constitutional Authority Statutory Authority Other

Head of government, head of state (vesting clause) Executive privilege

Implementation of laws (“faithful execution”) Implementation of laws (as directed in
statutes)

Recommend annual federal budget

and other legislative initiatives

Executive orders and similar directives (rare) Executive orders and similar
directives

Administer executive branch

Nominations and appointments to executive branch
and judiciary

Nominations and appointments to

executive branch and judiciary

Commander in chief of armed forces

Negotiation of treaties and executive agreements Negotiation of treaties and executive
agreements

Veto of congressional actions

Presidential pardons

Other ceremonial powers

10.1

recess appointment Selec-
tion by the president of a person to
be an ambassador or the head of
a department while the Senate is
not in session, thereby bypassing
Senate approval. Unless approved
by a subsequent Senate vote, recess
appointees serve only to the end of
the congressional term.

executive orders Proclamations
made by the president that change
government policy without congres-
sional approval.