The President's Powers Explained
This 4th-grade packet explains the executive, diplomatic, military, legislative, and judicial powers of the U.S. President, as well as informal powers and checks on those powers. It also details the Executive Office of the President, the Vice President, and the Cabinet.
“EXECUTIVE POWERS The Constitution gives the president specific powers. First, the president directly appoints about 3,000 positions in the executive branch, a third of which need to be confirmed by the Senate. The president can use this power however he or she sees fit. With some exceptions, the president can remove appointees at any time. Through interpretation of Article II, Section 3 of the Constitution, presidents also have the power to issue executive orders, formal, signed statements that instruct or guide executive officials and have the force of law. These are different than signing statements, which make modifications to existing laws. Constitutional interpretation also grants the president the right of executive privilege, which allows a president to refuse to release information to Congress or a court. DIPLOMATIC AND MILITARY POWERS As foreign policy leader, the president can negotiate treaties, although the Senate needs to approve and can override them. Presidents can also make executive agreements with the heads of other countries concerning foreign relations; these agreements do not require the Senate’s consent. Finally, the president can grant diplomatic recognition by formally recognizing the legitimacy of a foreign government. As commander in chief, the president can initiate military action, although Congress holds the power to declare war. In 1973, Congress passed the War Powers Resolution, which calls on the president to consult with Congress before and during any possible armed conflict involving American forces. LEGISLATIVE AND JUDICIAL POWERS The president can suggest legislation at any time. The president also has the power to veto a bill, or refuse to sign it into law. Congress, however, can override a veto if two-thirds from each house vote to do so. The president exercises his judicial power by nominating federal judges and justices. The president can also give reprieves, which postpone jail time, or pardons, which release a convicted criminal from a sentence; offer amnesty, which grants a group of offenders a general pardon; and commute, or reduce, sentences. These four powers of clemency, or mercy, only apply to federal cases and cannot be used in impeachment cases. INFORMAL POWERS The president’s informal powers stem from access to the media and his or her position as party leader. With constant media coverage, the president can reach out to the public for support at any time. As party leader, the president typically has the support of fellow party members in Congress. CHECKS ON THE PRESIDENT’S POWERS The president’s powers can be formally checked by judicial review, blocked nominations, and veto overrides. The media and public approval are sources of informal checks on the president’s power. CHANGES IN PRESIDENTIAL POWER Until the late nineteenth century, the executive branch played a much less powerful role than the legislative branch. However, as the United States entered world wars and became a major player in international politics, Americans began to expect more of the men representing it. Presidents like Lyndon B. Johnson initiated social problems that strengthened the connection between presidents and the people. As mass media further developed, from print to radio to television to the Internet, presidents found an expanded outlet for reaching out to the public for support. Today’s presidents maintain this relationship by fully taking advantage of the exposure the media gives them, ensuring that they and their policies remain prominent in the public eye. Section Summary EXECUTIVE OFFICE OF THE PRESIDENT The group of people who work for the executive branch under a president are known as the president’s administration. Up until the twentieth century, presidents had a relatively small number of staff. Beginning with Theodore Roosevelt, the number of executive programs and agencies began to increase, making it necessary to better manage these many offices. In 1939 Congress authorized the creation of the Executive Office of the President (EOP), an organizational structure under which the president’s many advisers and assistants fall. Almost all members are appointed by the president and confirmed by the Senate. Several important offices fall under the EOP. The White House Office includes many key assistants and advisers to the president. Within this office is the president’s chief of staff. This position consists of different responsibilities depending on the president in office, but can include managing everyday office operations, mapping political strategy, and handling relations with Congress and the cabinet. The chief of staff also manages the people responsible for delivering the president’s message, including speechwriters and the White House press secretary. Formed during the Cold War to combat the influence of the nation’s enemies, the National Security Council (NSC) is chaired by the president, with the presidentially-appointed national security adviser working as his or her second in command. The Council meets regularly to coordinate issues of U.S. national security. These meetings are also attended by the vice president, several cabinet members, and the chairman of the Joint Chiefs of Staff, a group made up of the heads of each major branch of the armed forces. The Council of Economic Advisers (CEA) has been part of the EOP since 1946. This office consists of three nominated and confirmed members, as well as a staff of assistants and advisers. The CEA advises the president on his or her economic policy and U.S. economic performance. Members also help the president prepare the detailed annual Economic Report. The Office of Management and Budget (OMB) is the largest office within the EOP, headed by a nominated and confirmed director. Its purpose is to help develop and implement the federal budget, legislation, and government regulations, as well as set policies on government finance and purchases. Members work with both the executive and legislative branches. THE VICE PRESIDENT The vice presidency is the only administrative office besides the president that is an elected position. The vice president is assigned three responsibilities by the Constitution: preside over the Senate, open and count the electoral votes in a presidential election, and serve as president if the president is unable. Until recently, most vice presidents did very little else, with the exception of helping to get the president elected or re elected. Starting in the 1970s, presidents began to rely more heavily on their vice presidents for advice and to manage certain executive projects. THE CABINET The cabinet is an organization made up of the heads, or secretaries, of the executive departments. These departments carry out laws, administer programs, and create regulations in their area of responsibility. Each secretary is nominated by the president and confirmed by the Senate. Secretaries both advise the president and run their own department. There are 16 official cabinet positions, including the vice president. Presidents can also invite other people to sit on the cabinet if necessary. The power to create and expand the cabinet comes from an interpretation of the Constitution, which says that the president “may require the opinion, in writing, of the principal officer of each of the executive departments.” The experience and background of cabinet members vary from president to president, as does the degree to which the president depends upon members’ advice.”
Teacher Guide & Tips
- Use this packet as a 45-minute introduction to the powers of the U.S. presidency.
- Discussion question: How do informal powers differ from formal powers?
- For struggling readers, pre-teach key vocabulary like 'veto,' 'treaty,' and 'clemency.'
- Advanced students can research a specific presidential power and present their findings.
- Estimated time: 45 minutes.
What is Diffit?
Teachers use Diffit to get quality materials for their unique classrooms. Adjust difficulty, add scaffolds, or change the topic to get started.
Try Diffit for free“EXECUTIVE POWERS The Constitution gives the president specific powers. First, the president directly appoints about 3,000 positions in the executive branch, a third of which need to be confirmed by the Senate. The president can use this power however he or she sees fit. With some exceptions, the president can remove appointees at any time. Through interpretation of Article II, Section 3 of the Constitution, presidents also have the power to issue executive orders, formal, signed statements that instruct or guide executive officials and have the force of law. These are different than signing statements, which make modifications to existing laws. Constitutional interpretation also grants the president the right of executive privilege, which allows a president to refuse to release information to Congress or a court. DIPLOMATIC AND MILITARY POWERS As foreign policy leader, the president can negotiate treaties, although the Senate needs to approve and can override them. Presidents can also make executive agreements with the heads of other countries concerning foreign relations; these agreements do not require the Senate’s consent. Finally, the president can grant diplomatic recognition by formally recognizing the legitimacy of a foreign government. As commander in chief, the president can initiate military action, although Congress holds the power to declare war. In 1973, Congress passed the War Powers Resolution, which calls on the president to consult with Congress before and during any possible armed conflict involving American forces. LEGISLATIVE AND JUDICIAL POWERS The president can suggest legislation at any time. The president also has the power to veto a bill, or refuse to sign it into law. Congress, however, can override a veto if two-thirds from each house vote to do so. The president exercises his judicial power by nominating federal judges and justices. The president can also give reprieves, which postpone jail time, or pardons, which release a convicted criminal from a sentence; offer amnesty, which grants a group of offenders a general pardon; and commute, or reduce, sentences. These four powers of clemency, or mercy, only apply to federal cases and cannot be used in impeachment cases. INFORMAL POWERS The president’s informal powers stem from access to the media and his or her position as party leader. With constant media coverage, the president can reach out to the public for support at any time. As party leader, the president typically has the support of fellow party members in Congress. CHECKS ON THE PRESIDENT’S POWERS The president’s powers can be formally checked by judicial review, blocked nominations, and veto overrides. The media and public approval are sources of informal checks on the president’s power. CHANGES IN PRESIDENTIAL POWER Until the late nineteenth century, the executive branch played a much less powerful role than the legislative branch. However, as the United States entered world wars and became a major player in international politics, Americans began to expect more of the men representing it. Presidents like Lyndon B. Johnson initiated social problems that strengthened the connection between presidents and the people. As mass media further developed, from print to radio to television to the Internet, presidents found an expanded outlet for reaching out to the public for support. Today’s presidents maintain this relationship by fully taking advantage of the exposure the media gives them, ensuring that they and their policies remain prominent in the public eye. Section Summary EXECUTIVE OFFICE OF THE PRESIDENT The group of people who work for the executive branch under a president are known as the president’s administration. Up until the twentieth century, presidents had a relatively small number of staff. Beginning with Theodore Roosevelt, the number of executive programs and agencies began to increase, making it necessary to better manage these many offices. In 1939 Congress authorized the creation of the Executive Office of the President (EOP), an organizational structure under which the president’s many advisers and assistants fall. Almost all members are appointed by the president and confirmed by the Senate. Several important offices fall under the EOP. The White House Office includes many key assistants and advisers to the president. Within this office is the president’s chief of staff. This position consists of different responsibilities depending on the president in office, but can include managing everyday office operations, mapping political strategy, and handling relations with Congress and the cabinet. The chief of staff also manages the people responsible for delivering the president’s message, including speechwriters and the White House press secretary. Formed during the Cold War to combat the influence of the nation’s enemies, the National Security Council (NSC) is chaired by the president, with the presidentially-appointed national security adviser working as his or her second in command. The Council meets regularly to coordinate issues of U.S. national security. These meetings are also attended by the vice president, several cabinet members, and the chairman of the Joint Chiefs of Staff, a group made up of the heads of each major branch of the armed forces. The Council of Economic Advisers (CEA) has been part of the EOP since 1946. This office consists of three nominated and confirmed members, as well as a staff of assistants and advisers. The CEA advises the president on his or her economic policy and U.S. economic performance. Members also help the president prepare the detailed annual Economic Report. The Office of Management and Budget (OMB) is the largest office within the EOP, headed by a nominated and confirmed director. Its purpose is to help develop and implement the federal budget, legislation, and government regulations, as well as set policies on government finance and purchases. Members work with both the executive and legislative branches. THE VICE PRESIDENT The vice presidency is the only administrative office besides the president that is an elected position. The vice president is assigned three responsibilities by the Constitution: preside over the Senate, open and count the electoral votes in a presidential election, and serve as president if the president is unable. Until recently, most vice presidents did very little else, with the exception of helping to get the president elected or re elected. Starting in the 1970s, presidents began to rely more heavily on their vice presidents for advice and to manage certain executive projects. THE CABINET The cabinet is an organization made up of the heads, or secretaries, of the executive departments. These departments carry out laws, administer programs, and create regulations in their area of responsibility. Each secretary is nominated by the president and confirmed by the Senate. Secretaries both advise the president and run their own department. There are 16 official cabinet positions, including the vice president. Presidents can also invite other people to sit on the cabinet if necessary. The power to create and expand the cabinet comes from an interpretation of the Constitution, which says that the president “may require the opinion, in writing, of the principal officer of each of the executive departments.” The experience and background of cabinet members vary from president to president, as does the degree to which the president depends upon members’ advice.”
Teacher Guide & Tips
- Use this packet as a 45-minute introduction to the powers of the U.S. presidency.
- Discussion question: How do informal powers differ from formal powers?
- For struggling readers, pre-teach key vocabulary like 'veto,' 'treaty,' and 'clemency.'
- Advanced students can research a specific presidential power and present their findings.
- Estimated time: 45 minutes.
The President's Powers Explained
This 4th-grade packet explains the executive, diplomatic, military, legislative, and judicial powers of the U.S. President, as well as informal powers and checks on those powers. It also details the Executive Office of the President, the Vice President, and the Cabinet.
What is Diffit?
Teachers use Diffit to get quality materials for their unique classrooms. Adjust difficulty, add scaffolds, or change the topic to get started.
Try Diffit for free