What is the President’s job, as defined by the US Constitution?
The Constitution gives the President great but severely limited powers.
Article II, Section 1 begins: “Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:–
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
The oath of office is a summary of the President’s job. It specifies the what, why, and how.
- What does the President swear to do? To preserve, protect, and defend the Constitution.
- Why does the oath require the President to defend the Constitution? The Constitution is the rule book for governing the nation. If the President does not follow the rules …
- How does the President defend the Constitution? The President is the Chief Executive Officer ; he or she executes the Office of the President performing the duties specified.
We-The-People have delegated exactly 6 powers to the Office of the President. The Constitution specifies exactly 3 powers of Foreign Policy and exactly 3 powers of Domestic Policy. 6 powers, no more and no less.
The 3 Powers of Foreign Policy
Foreign policy power is specified in Article II, Section 2 of the Constitution: The President
- “shall be Commander in Chief of the Army and Navy of the United States and of the Militia of the several states when called into the actual service of the United States”
- “shall have the Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur”
- “shall nominate and, by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls
And what are those powers to be used for?
The powers are used “to preserve, protect, and defend the Constitution” and the nation.
(Comment for informed voters: The President can make alliances (treaties) with specific nations on specific issues. The treaties might deal with mutual defense or with commerce between the peoples of each nation. The intent is to assure that the nation is not overthrown by external force. The founders knew the corrupting influence of military power and sought to limit it by naming an elected civilian as Commander in Chief; similarly, the founders limited Presidential power through advice and consent of Congress .)
The 3 Powers of Domestic Policy
Article II Section 2 specifies three domestic policy powers: The President
- “may require the Opinion, in writing of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices”
- “shall nominate and, by and with the Advice and Consent of the Senate, …. judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not otherwise provided for and which shall be established by Law….”
- “shall have the Power to grant Reprieves and Pardons for offenses against the United States, except in cases of Impeachment.”
The President can exert power to require written opinions from the principal officers of executive departments so that We-The-People are informed about what each government department is doing. The President can hire and fire principal officers but, under the Constitution, he cannot micro-manage. A President can exert strong influence through communication and persuasion of government officials and we-the-people, that is, through the President’s “bully pulpit.”
(Comment for informed voters: The founders knew that a President can, by practicing “my way or the highway” usurp power rather than exert influence. That is one reason the Constitution limits Presidential power through the checks and balances. I do not recall any president who has adequately fulfilled Presidential responsibilities to enable We-The-People to know what our government is actually doing. For example, I do not recall any president requiring such written opinions of the Departments such as Defense, State, Commerce, Education, or Internal Revenue. As another example, a case can also be made that presidents have found it too easy to abuse the Power to grant Reprieves and Pardons for offenses against the United States.)
The US Constitution defines the President’s job. But how can I, as an informed voter, decide which candidate to vote for in an actual election? How can I cut through the campaign rhetoric, misinformation, and other clutter of a campaign? Doing all that, being an informed voter, is the primary civic responsibility of We-The-People. I’ll offer suggestions about how to become informed about candidate’s qualifications in Part II and Part III of this series. Part II offers some tough questions for each candidate. Part III deals with leadership abilities in the context of the extremely important part of the President’s job, forming a competent cabinet.