Role of President in US Constitution OR
Legislate powers of the President of USA
Introduction: -
The American president is a very popular figure in his country and he is one of the most powerful personalities in the present day international world. The constitution has vested the executive power in him. He combines in his person the power & function of a King and a Prime Minster. He is the Head of State as well as of the Government. He is also a national leader. Originally the president was not a party man. But when political parities grew up in American politics, the president not only became a party man but also the leader of his party.Qualifications;-
Any citizen can be the president of the united state provided he possesses following qualification:-a. A candidate must not be less than 35 years of age.
b. A candidate must be natural born citizen of the U.S.A.
c. A candidate must have resided fourteen years within the country however it is not to be interpreted as a continuous and uninterrupted period of 14 years preceding election.
d. He is not a member of the congress.
Election of President;-
The constitution provides that the president should be elected by an electoral college consisting of as many presidential electors as is the number of members in both the house of the congress.Sources of Powers of President;-
Following are the sources from where the president of the US derives his power and authority:-a. Constitution
b. Statutes of Congress
c. Supreme Court decisions
d. Usages and customs
Powers of US President;-
The power of US president can be classified under following heads.a. Executive Powers;-
The Constitution has vested the executive powers in the President, but it is mainly silent on questions of ways and means of exercising it, except in a few respects. Different aspects of President’s executive powers are as follows.(1) Enforcement of Law;-
The President is responsible for the enforcement of Constitution and the laws which are made by the Congress. In case of resistance, the president has the power to use force.(2) Powers of Appointment;-
Article II of U.S Constitution gives the list of the appointments to be made by the President with the advice and consent of the senate, however all inferior appointments can be made by the president alone.(3) Power of Removal;-
The Constitution is silent about the question of removing the officers whom the President appoints. There was a dispute whether it should be exercised by the President alone or with the advice and consent of the Senate but this dispute was settled by the Supreme Court of U.S in Myer’s case.“MYERS VS UNITED STATES (1926)”
(4) Chief Administrator;-
The President is the head of the National Administration. He has the power to supervise its operations and has the right to control the entire administration.(5) Military Powers;-
The President is the Supreme Commander of the armed forces of the united States, and he is responsible for the defence of the United States. He id fully authorized to deploy the armed forces anywhere in and out of the country.b. Legislative Powers;-
Under certain conventions, President’s role in legislation becomes extensive while the congress has itself appreciated the legislative role of the President.(1) Messages;-
President can send messages to the Congress Conveying his proposals on important issues. Such proposals from the president are given full consideration during legislation. The famous message to congress include President’s Wilson 14 points.(2) State of the union Address;-
The opening address of the president at each Session of Congress is known as the state of the union message.(3) Convening Extra Session of the Congress;-
The President can’t Summon ordinary Sessions of the Congress but can summon its extra ordinary Sessions under Special Conditions like when emergencies arise.(4) Veto Power;-
The president can exercise has veto power in the legislative field. There are following kinds of veto power.a). Suspensive Veto;-
According to it, he can return the bill to the Congress for reconsideration. If the bill is passed by 2/3 majority of the congress, it shall become law without the president’s consent.(b).Pocket Veto;-
In case, the Session of the Congress adjourns before the expiry of ten days while the bill has not been approved by that time, it will die termed as pocket veto.(5) Director Pressure on the Congress;-
The President is the leader of the nation. When his efforts to convince the House prove futile, he make a bid for a popular support.c. Judicial Power;-
A President enjoys the following judicial powers.(1) Appointment of Judges;-
The President appoints judges with the approval of the Senate.(2) Power of Pardon and Reprieve;-
The President has the power to grant pardon and reprieves. A pardon is a release from liability of punishment. It may be absolute or conditional.d. Financial Power;-
Following are the financial power of the President.(1) General Manager of Financial Affairs;-
The President of America is the General Manager of Financial affairs of the Government. He directs and control finance affairs.(2) Control Over Budge;-
Federal budget is prepared by the bureau of Budget under the Supervision of the President. The budget so submitted by the President Serves as a guide to legislative action on annual appropriation for Government activities and programs.e. Power in Foreign Affairs;-
Following are the Powers of President in relation with Foreign affairs.(1) Diplomatic Power;-
American president has been regarded as the Chief Spokesman of America in its relations with Foreign Governments. The most important function of the President is to formulate foreign policy, which revealed in presidential messages and speeches.(2) Recognition of States;-
The President has the authority to recognize countries and governments. This he does simply by receiving diplomatic representatives of the countries concerned.(3) Treaty Making Power;-
The president has the power to make treaties with other governments with the ratification of two thirds majority of Senate.(4) Agreement Making Power;-
The President can make agreement with foreign states and it is not subject to ratification of Senate.(5) Declaration of War;-
The American President has power to declare war with the consent of congress.Emergency Powers;-
a. Meaning of Emergency;-
An emergency is a more extensive and serious crisis in which the whole nation is involved.b. Source of Emergency Powers;-
The American Constitution is silent about the emergency powers of the president but the president can exercise certain powers during emergency. The Supreme Court has held that emergency does not create powers nor does it increase powers already given by the Constitution. But the congress can confer upon the president many powers which he may exercise at the time of emergency.c. Kinds of Emergency;-
President may proclaim two types of emergencies
(1) Limited emergency.
(2) Unlimited emergency
d. Limitation on Emergency Powers;-
The President has to act within the limits set by the constitution, otherwise his actions can be declared invalid by the Supreme Court.Impeachment of President;-
According to Section IV of Article II of U.S Constitution the President shall be removed from office on impeachment for and conviction of treason, bribery or other high crimes and misdemeanors.Procedure of Impeachment;-
The house of representatives adopt by resolution, articles of impeachment charging the president with certain high crimes and chooses leaders to directs the prosecution before the senate which acts as judicial tribunal of impeachment. The Senate may convict the president by two third majority of its member present and voting. President Johnson was the only President against whom impeachment procedure was adopted but even he could not be convicted.Conclusion;-
That the President of America, is one of the most powerful personalities in the present day International world. As john Kennedy says.“It is the President who has the decide when to lead the congress, when to consult it and when to act solely”.
