President of the United States

IV

Presidential Succession

Presidents can be removed from office only through death, resignation, an inability to discharge the powers and duties of their office, or by congressional impeachment and conviction on charges of treason, bribery, or other serious crimes. To impeach a president, the Constitution requires a majority of the House of Representatives to vote to send articles of impeachment (written charges) against a president to the Senate. The Senate must conduct a trial of the president. After the trial, a two-thirds majority vote of the Senate is required to convict and remove a president from office. Congress rarely undertakes impeachment proceedings against presidents. Both presidential impeachment trials in American history—against Andrew Johnson in 1867 and against Bill Clinton in 1999—resulted in votes to acquit by the Senate.

Only one president has resigned, Richard Nixon in 1974, when the House Judiciary Committee prepared articles of impeachment for his crimes and misdemeanors in the Watergate scandal. Eight presidents have died in office: William Henry Harrison (1841), Zachary Taylor (1850), Abraham Lincoln (assassinated 1865), James A. Garfield (assassinated 1881), William McKinley (assassinated 1901), Warren G. Harding (1923), Franklin D. Roosevelt (1945), and John F. Kennedy (assassinated 1963).

The order of succession upon the demise, removal, resignation, or incapacity of a president has been changed four times in the country’s history. Under the Constitution, the vice president is the undisputed successor to the president. But should both the president and vice president be unable to govern, Congress mandated in 1792 that the president pro tempore (temporary president) of the Senate or the Speaker of the House, in that order, succeed to the presidency, but only for the purpose of ordering a new election. In 1886 Congress changed the succession rules so that if both the presidency and vice presidency were vacant, the secretary of state and then other Cabinet members in their order of seniority would become president. In 1947 Congress again changed the order of succession and this order remains in effect today: the Speaker of the House, followed by the Senate’s president pro tem, the secretary of state, and then other members of the Cabinet assume the presidency if there is no president or vice president. In 1967 the 25th Amendment to the Constitution described the conditions under which the vice president could temporarily replace an incapacitated president.

V

Responsibilities and Powers

In the more than two centuries since the presidency was established, the responsibilities and powers of the office have grown to a point where they almost exceed the capacity of any one individual to manage them. The fact that so few presidents have been elected to two terms—only 15 out of 41 men—and that only 12 have served two full terms shows how difficult the job can be.

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The Constitution requires the president to discharge the duties of the office and preserve, protect, and defend the Constitution of the United States. The president is also responsible for the execution of the laws of the United States. In domestic affairs, this means anything from implementing economic, social, and regulatory measures passed by Congress to acting as commander in chief to quell disorder or suppress insurrection. Presidents shape the country’s judicial affairs by appointing federal judges. They influence the country’s domestic, economic, political, and social life by proposing legislation, calling Congress into special session, and vetoing laws passed by Congress that they consider destructive to the national well-being. As commander in chief of the military, the president is also empowered to repel foreign invasion and to fight wars overseas. In times of overwhelming public danger, the president can declare martial law, when the courts are not open or cannot function freely. The Constitution also gives the president the power to grant pardons and reprieves in criminal cases. This power does not require congressional approval, but it cannot be used in cases of impeachment.

In addition to these formal duties, the president is the country’s chief educator who sets standards of taste and culture, using the White House, in Theodore Roosevelt’s words, as a “bully pulpit” to assert moral authority. Presidents are also the leaders of their political party, and they try to advance its agenda.

A

Legislative and Judicial Responsibilities

The president proposes much of the legislation that Congress approves. The president’s power to veto (reject) legislation also serves as a strong influence on the legislative process. Because it takes a two-thirds vote of both the House and the Senate to override a presidential veto, Congress often modifies pending legislation to suit the president’s preferences. Aside from the role in proposing and vetoing laws, the president exercises important legislative authority by issuing executive orders that have the force of law. The president also supervises the implementation of laws by directing administrative agencies, such as the Department of Justice and the Department of Agriculture.

The president appoints federal judges, subject to the approval of the Senate. In addition, the president assumes important judicial and law enforcement powers through executive agencies. The Federal Bureau of Investigation (FBI) gathers evidence against perpetrators of federal crimes and the Justice Department seeks indictments and convictions in the courts against wrongdoers. Agencies such as the National Labor Relations Board (NLRB), the Securities and Exchange Commission (SEC), the Food and Drug Administration (FDA), and the Federal Communications Commission (FCC) act as quasi-judicial bodies by holding hearings, issuing regulations, and adjudicating disputes.

B

Economic Authority

The president exerts substantial influence on the economic life of the nation through budgetary and taxing proposals. The president’s decisions to increase and reduce budgets and to cut or raise taxes in conjunction with Congress affect the entire country, from the largest corporations to the individual taxpayer. Presidential decisions early in the country’s history to contribute federal funds to road and canal projects helped boost the nation’s economic development, and federal spending continues to drive growth in many areas. The president’s ability to shape tariffs on imports affects the thousands of businesses that buy and sell goods to other countries. A president’s power to regulate industries through the enforcement of safety requirements and environmental regulations affects nearly every workplace in America. The executive branch employs millions of workers, including clerks, investigators, lawyers, and others, and their pay rates help set a standard of living for millions of other citizens.

C

Foreign Policy

The president is the chief diplomat of the United States. The Constitution gives the president the power to negotiate treaties and appoint diplomatic representatives with the advice and consent of the Senate. The president also has the power to negotiate executive agreements with foreign countries that have the force and effect of law but do not require congressional approval. The president has the discretion to give official recognition to foreign governments. Democrat Woodrow Wilson, for example, refused to recognize the government of Mexico in 1913 because it had come to power through violence.

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