Presidents derive power from several sources, some more explicitly within the Constitution than others.

± Expressed powers – explicitly stated in the constitution. (e.g. veto power, power to take care that the laws be faithfully executed.)

± Delegated powers – Constitutional powers assigned to one agency (e.g. the Congress) but exercised by another (e.g. the President) with the express permission of the first. (e.g. pollution regulation).

Some Examples of Expressed Powers

Power to “Take Care that laws shall be faithfully executed” gives the president executive power and authority. (Article II, Section 1 and Section 3).

Power as “Commander and chief” gives president authority over the military, ensuring civilian control over the armed forces. (Article II, Section 2).

Power to grant “pardons and reprieves” gives president ability to commute sentences issued by courts. For example, President Ford used this power to pardon former president Nixon after the latter resigned in 1974. (Article II, Section 2).

Diplomatic authority: power to receive ambassadors and negotiate treaties (article II, Section 3 and Section 2).

Veto Power: Gives president capacity to prevent enactment of laws passed by Congress unless Congress overrides the veto. (Article I, Section 7).

Appointment Power: president appoint judges and executive branch offices, often with the Senate’s Advice and Consent. Also, power to make temporary “recess appointments” without Senate advice and consent when Congress is in Recess.

Some Examples of Inherent Powers

One of the ‘inherent’ powers presidents have asserted (claimed) despite the power not being listed in the Constitution is the power to make executive agreements. Such agreements are treated as an alternative way for the United States to ratify treaties with international partners while allowing the president to bypass the need to obtain the support of 2/3 of Senators as required by the Constitution.

Warmaking power is another critical foreign policy power which presidents have asserted as ‘implied’ by their constitutionally delegated powers. Although the Constitution is explicit that Congress has the power to declare war, presidents have frequently made war by virtue of their power as “Commander in chief” of US military forces.

Another such ‘implied’ or ‘inherent’ power is executive privilege. Presidents have asserted that their office has an inherent right to privacy concerning the communications, allowing the president to keep matters confidential instead of informing Congress.