Formal Powers of the US President

Formal sources of presidential power are outlined in Article II of the US Constitution.

• The president has the power to run the government’s executive branch and uses the Executive Office of the President (EXOP) to help do this.
• The president has the power to propose legislation to Congress. In the yearly State of the Union Address the president proposes a legislative agenda, however, they can put forward legislation at any point in time. The budget is the key piece of legislation submitted by the president to Congress and is drawn up by the Office of Management and Budget (OMB) which sits within the EXOP.
• Once a bill has passed through the legislative process in Congress, the president has the power to sign the bill into law. If the president objects to the legislation passed by Congress, they can veto it. If vetoed, the bill must return to Congress within 10 days. The President can use a pocket veto, which is when the President does not sign a bill until the Congressional session has ended, at which point the bill can no longer become law.
• The president has the power to lead the US armed forces in foreign policy action. In practice, the President asks for approval from Congress to use the army, however, the president will always carry the ‘nuclear football’ which has access to the nuclear codes which can authorise a nuclear attack.
• The president is the figurehead of the USA. They carry out ceremonial functions on behalf of the country and lead the nation in times of crisis. For example, George W. Bush lead the nation during the 9/11 attacks.
• The president has the power to nominate judges to the Supreme Court and other federal courts.
• The president nominates officials to the executive branch, including the heads of executive departments, ambassadors and heads of government agencies. Nominations must be approved by a vote in the Senate.
• The president can make and negotiate treaties with other countries.
• The president has the power to pardon citizens from criminal sentences; a power which Obama used 212 times.