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US President's Formal Powers
Can you name the US President's Formal Powers?
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Congress must act before this power is exercised
Article I, Section 7
Ideally, Congress would do something before this power is exercised.
'...of the Army and Navy of the United States, and of the Militia of the several States, when called into actual Service of the United States'
Does Twitter count?
'...in writing ... upon any Subject relating to the Duties of their respective Offices'
The first of two uncheckable formal presidential powers
'...for Offenses against the United States, except in Cases of Impeachment'
NATO, Versailles [failed], Ghent, Guadalupe Hidalgo
'...provided two thirds of the Senators present concur'
Did you remember to do your taxes and not smoke too much reefer?
'...by and with the Advice and Consent of the Senate ... Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States'
Can be quite controversial (Bolton, Cordray, Rutledge)
'...granting Commissions which shall expire at the End of their next Session'
It was better when it was a letter. Back then it didn't interrupt prime time radio.
'...from time to time'
Sure, but the president still can't introduce any
'...as he shall judge necessary and expedient'
Why do this when you can suspend habeus corpus on your own?
'...on extraordinary Occasions'
This won't be used anymore, because now they won't go away
'...in Case of Disagreement between them, with Respect to the Time of Adjournment'
The second uncheckable formal power
'...and other Public Ministers'
The Founders clearly had no problem with the passive voice
'...that the laws be faithfully executed'
Indirectly, this led to Marbury v. Madison
and now, on to Article II, Section 4: Impeachment
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