With the recent inauguration of the 45th president of the United States, Donald Trump, the issue of presidential power is on the minds of many. During the last few weeks, the president has issued several executive orders, some concerning heated topics. One of these orders, which included an immigration ban on seven countries, was recently stayed by a federal judge. So the question is, what powers does the president have on his own, and what goes too far or is outside the limits?
To start, we should define what an executive order is. Although not specifically listed in the U.S. Constitution, executive orders have been used beginning with President George Washington and continuing to the present day. Maybe surprisingly, the only president never to use what we call an executive order today was William Henry Harrison, who died less than a month into his term.
Executive orders are commonly used to set policy or to set out how a president’s administration will enforce a specific law. Under executive authority given to the president by the Constitution or by laws passed by Congress, these orders can be used in a fairly routine matter to make sure business is quickly and efficiently accomplished. Where presidents have historically run into trouble, however, is when these orders sit on the border of unconstitutionality.
Just like laws the U.S. Congress passed, executive orders are subject to review by the Supreme Court and the judicial system. The checks and balances of our three-branch governmental system were created to protect against executive overreach. This has frustrated past presidents, as both Franklin D. Roosevelt and Bill Clinton had some of their orders overturned.
Even if the courts take no action against an executive order, the Congress has powers of its own. Our lawmakers could pass legislation to directly stop an order or to remove the president’s power over that particular area. They could also vote to refuse funding to the department or program carrying out the order. Both measures would require a two-thirds majority to override the president’s almost certain veto, but it is technically possible.
There are many powers the Constitution explicitly gives to the president of the United States. First, the president is the commander-in-chief of our nation’s armed forces. The ultimate authority of the military chain of command ultimately rests in the president’s hands. This was considered to be a priority for the Founding Fathers because they believed civilian control of the military would best protect democracy.
The president, also in the performance of his administrative duties, is entitled to make appointments to positions. While the members of the Cabinet, the Supreme Court and the heads of agencies such as the CIA are subject to Senate confirmation, thousands of jobs can be filled at the sole discretion of the president. This allows the executive to quickly replace officeholders as they are replaced or retire but also raises concerns about possible political favoritism.
Not to be forgotten is the president’s ceremonial powers and roles. Unlike many other countries, where the two roles are separate, the U.S. president serves as both head of state and head of government. This means the president is both the nation’s political leader and the symbolic embodiment of the nation. He greets foreign leaders, goes on official trips and may issue pardons. Our president also participates in many annual traditions, such as the Egg Roll on the White House lawn or the first pitch on baseball’s Opening Day.
Overall, the president of the United States is one of the world’s most powerful individuals. However, most of this power results from the relationships our nation’s leader builds, whether with members of Congress or in cooperation with other allied nations. A president working against the other parts of government, rather than with them, can be severely hamstrung.
This to me once again shows the genius of the Founding Fathers. They did not give one person all of the power to run the United States. Different powers were placed in the hands of the three branches of government: executive, legislative and judicial. Each would complete its duties and keep an eye on the others. In this manner, our republic has endured for more than 240 years. Our country and its citizens are all the better for it, no matter who occupies the White House.
Connor Kockler is a Sauk Rapids-Rice High School student. He enjoys writing, politics and news, among other interests.
