Formal sources of presidential power  in the US Constitution

Informal and Impied

Biden's 100 Days

The structure of constitution place Congress first and clearly saw the president to be subordinate to Congress. Congress would make the laws and keep the president in check. The president was not expected to be busy.

But the constitution was flexible and allowed the presidency to develop to the extent that it is now routinely referred to as the most powerful elected office in the world.

The president's powers are nearly all set out in Article 2, and following the principle of checks and balances, the more significant ones are all checked by Congress. In section 2 of Article 2, the powers are:

•   commander-in-chief of the armed forces — Congress has the check of the sole power to declare war

•   to make treaties — Congress has the check of ratification with a two-thirds majority

• to appoint senior government officials, ambassadors, Supreme Court justices and justices of the lower federal courts — Congress has the check of confirmation

The only powers in section 2 without a congressional check are:

• ·      to require in writing the opinion of the principal officer of each of the executive departments

• ·      to grant pardons

In section 3 the president's powers are:

·      to make the State of the Union speech and recommend legislation 'from time to time' — Congress has the check of rejecting such legislation

•  to take care that the laws 'be faithfully executed' — Congress has the check of the total control of revenue and expenditure

The only powers in section 3 without a congressional check are:

• to convene extraordinary sessions of Congress

•  to receive ambassadors

The president's only significant power not in Article 2 is detailed in Article 1, section 7, namely the power to approve or veto legislation (although the term 'veto' is not itself used); if the president wishes to veto a bill, he or she has to send the legislation back to Congress with a letter explaining why; Congress has the check of an override, albeit requiring a two-thirds majority in both houses.

In the USA the president is also head of state- in the UK the monarch in the head of state. As head of state, the president has diplomatic and ceremonial duties, such as receiving visiting dignitaries and other heads of state or traveling to other countries to represent the US. The president is often a central focus point in times of national crisis and it is common for the president to make speeches or visits about national disasters.

As head of state, the President receives considerable respect and deference.  This allows the president to be seen as a national leader, with the opportunity to direct US policy in both national and international affairs.  As soon as the president is inaugurated he or she becomes the nation's leader and not just the leader of their party. The rise of national media, particularly television, has allowed the president to deliver a US-wide message and exert greater influence over both public opinion and Congress. 

In the aftermath of 9/11, President Bush was seen as a symbol of American resolve and pride, taking a strong, tough stance. However, Bush was heavily criticised for not personally visiting areas hit by Hurricane Katrina in 2005, providing evidence of the importance of the symbolic role.

The president, as head of the executive branch, makes around 3,000 appointments to federal positions, all of which serve at the president's discretion. This means the president can hire or fire them at any time. Trump demonstrated this by easily dismissing those who displeased him.

The president also shapes government policy and influences the political landscape, especially regarding Congress. Additionally, as the chief diplomat, the president manages relationships with other countries and nominates ambassadors. The Constitution designates the president as commander-in-chief of the armed forces, granting authority to lead the military during wartime.

Congress plays a role in checking these powers, especially concerning funding, declaring war, and ratifying treaties. However, the Constitution's vague language has led to debates over the balance of power and claims that presidents have accrued too much power in military matters. This ongoing struggle over military action rights has caused significant disputes. For example, Obama faced criticism for extensive bombing in Libya, which contributed to the fall of Gaddafi without congressional approval. He followed the tradition of presidents like Bill Clinton, who authorized the bombing in Kosovo in 1999 without seeking Congress's consent.