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Learning objectives

By the end of this section, you will be able to:

  • Identify the power presidents have to effect change without congressional cooperation
  • Analyze how different circumstances influence the way presidents use unilateral authority
  • Explain how presidents persuade others in the political system to support their initiatives
  • Describe how historians and political scientists evaluate the effectiveness of a presidency

A president’s powers can be divided into two categories: direct actions the chief executive can take by employing the formal institutional powers of the office and informal powers of persuasion and negotiation essential to working with the legislative branch. When a president governs alone through direct action, it may break a policy deadlock or establish new grounds for action, but it may also spark opposition that might have been handled differently through negotiation and discussion. Moreover, such decisions are subject to court challenge, legislative reversal, or revocation by a successor. What may seem to be a sign of strength is often more properly understood as independent action undertaken in the wake of a failure to achieve a solution through the legislative process, or an admission that such an effort would prove futile. When it comes to national security, international negotiations, or war, the president has many more opportunities to act directly and in some cases must do so when circumstances require quick and decisive action.

Domestic policy

The president may not be able to appoint key members of his or her administration without Senate confirmation, but he or she can demand the resignation or removal of cabinet officers, high-ranking appointees (such as ambassadors), and members of the presidential staff. During Reconstruction, Congress tried to curtail the president’s removal power with the Tenure of Office Act (1867), which required Senate concurrence to remove presidential nominees who took office upon Senate confirmation. Andrew Johnson’s violation of that legislation provided the grounds for his impeachment in 1868. Subsequent presidents secured modifications of the legislation before the Supreme Court ruled in 1926 that the Senate had no right to impair the president’s removal power.

Myers v. United States , 272 U.S. 52 (1925).
In the case of Senate failure to approve presidential nominations, the president is empowered to issue recess appointments (made while the Senate is in recess) that continue in force until the end of the next session of the Senate (unless the Senate confirms the nominee).

The president also exercises the power of pardon without conditions. Once used fairly sparingly—apart from Andrew Johnson’s wholesale pardons of former Confederates during the Reconstruction period—the pardon power has become more visible in recent decades. President Harry S. Truman issued over two thousand pardons and commutations, more than any other post–World War II president.

“Bush Issues Pardons, but to a Relative Few,” New York Times , 22 December 2006, http://www.nytimes.com/2006/12/22/washington/22pardon.html.
President Gerald Ford has the unenviable reputation of being the only president to pardon another president (his predecessor Richard Nixon, who resigned after the Watergate scandal) ( [link] ). While not as generous as Truman, President Jimmy Carter also issued a great number of pardons, including several for draft dodging during the Vietnam War. President Reagan was reluctant to use the pardon as much, as was President George H. W. Bush. President Clinton pardoned few people for much of his presidency, but did make several last-minute pardons, which led to some controversy. To date, Barack Obama has seldom used his power to pardon.
U.S. Department of Justice. “Clemency Statistics.” https://www.justice.gov/pardon/clemency-statistics (May 1, 2016).

Questions & Answers

to this textbook which countries have the highest rates of execution?
michael Reply
What are the advantages and disadvantages of having so many levels of subnational governments in the United States? Explain
Nicole Reply
to help in protecting the right of the citizens, in safety purpose also if not many tribulation war and conflict in between the Nations and perhaps the citizens that is we really needs them.
Emmanuel
What are the advantages
maureen
what were the initial issues that led to the introduction of legislation
Benedicta Reply
Do the consideration and bill of rights protect the life and liberty of all Americans?
Benedicta
yes
Emmanuel
how do we answer government questions
Comfort Reply
by following all the due processes
Emmanuel
how many types of pre_ colonial political system do we have in Nigeria
Israel Reply
3
nkama
we 3 which are yoruba,hausa, Igbo
Israel
3
Ibrahim
opening day in the house. what is the speaker's first duty
Gabriel Reply
what is bill of right?
Dyutoe Reply
first 10 amendments to the Constitution
Ruthie
a bill of right in the United States,bill of right is the first tan amendment to the Constitution.
Israel
what prevented the equal rights Amendment from being ratified?
Darhel Reply
why some countries adopts written constitution
Paschal Reply
because it is documented
Comfort
what part of our government is based on parliament
SonIa Reply
what important political idea came from Thomas Hobbes
SonIa
Thomas Hobbes who is he
SonIa
what is democracy
Haliru Reply
government of the people by the people and for the people
Emmanuel
what is Constitution
Joy Reply
What's separation of power in government?
Fortune Reply
What's political parties?
Fortune
What's Political apathy
Fortune
political parties can be defined as a group of people who share a common interest
Waris
political apathy it can be defined by act of not having Interest in any politics
Waris
political parties are organised group of citizens,acting as a political unit and through the use of their voting power trys to control the government.
Jasper
what are the broad purposes of government
Slande Reply
what is constition
Diana Reply

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Source:  OpenStax, American government. OpenStax CNX. Dec 05, 2016 Download for free at http://cnx.org/content/col11995/1.15
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