19.1.1 Roles: Head of State vs. Head of Government

Definitions:

Formal Powers under the Constitution

Head of the Executive

• Chief Executive: The President is granted all executive powers by the Constitution and is responsible for managing and running the entire federal government. This includes delegating power and overseeing a large number of departments, agencies, and officials, such as the Executive Office of the President (EXOP), the Office of Management and Budget (OMB), and the Cabinet.
• Appointment Powers: The President has the power to appoint and nominate around 4,000 government officials, including members of the federal bureaucracy, who are politically aligned with the President and tasked with implementing the President's agenda in specific departments or policy areas. These appointments require Senate confirmation by a majority vote. Recess appointments allow the President to temporarily fill vacant positions without Senate approval when Congress is in recess, though this power has been limited by recent Supreme Court rulings.

Legislative Powers

• Proposing Legislation: The President can propose legislation through mechanisms such as the State of the Union Address or press conferences. This allows the President to influence the legislative agenda by urging Congress to pass specific laws.

• Veto Power: The President can veto legislation passed by Congress, preventing it from becoming law unless Congress can override the veto with a two-thirds majority in both houses.

• Pocket Veto: If Congress adjourns within 10 days of passing a bill, the President can choose not to sign it, effectively vetoing it without the possibility of an override. This is known as a pocket veto.
  • Example: Only President Clinton has used a pocket veto, doing so once.
• Submitting the Annual Budget: The President submits an annual federal budget, which is drafted by the OMB. This budget must be approved and passed by Congress, a process that can become contentious, particularly in times of divided government.

Judicial Powers

• Pardons: The President has the unilateral power to pardon individuals, relieving them of legal consequences from federal convictions.

• Nomination of Federal Judges: The President nominates all federal judges, including Supreme Court justices. These nominations must be confirmed by the Senate, and the President's choices can significantly shape the judicial landscape.

Foreign Policy Powers

• Commander in Chief: The President serves as the Commander in Chief of the U.S. military, including the Army, Navy, Air Force, Marines, and Coast Guard. This role involves approving significant military missions and making crucial decisions, such as the deployment of troops and the use of nuclear weapons.

• Negotiating Treaties: The President can negotiate treaties with other countries, though these require a two-thirds approval vote by the Senate. Additionally, the President can enter into executive agreements, which are similar to treaties but do not require Senate approval.

Symbolic Power as Head of State

• Representation and Unification: As Head of State, the President represents the U.S. in relations with foreign dignitaries and seeks to unite the nation in times of crisis. This role often leads to a "rally round the flag" effect, where the President's popularity increases during national emergencies.

• Foreign Policy and Diplomacy: The President uses their role as Head of State to drive U.S. foreign policy and negotiate with foreign leaders.