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LSDefine

Simple English definitions for legal terms

executive power

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A quick definition of executive power:

Executive power refers to the authority and responsibilities of the President of the United States. The President is elected every four years and has the power to command the armed forces, make treaties with other countries, nominate government officials and judges, issue executive orders, pardon federal offenses, and veto legislation. The President is also responsible for delivering the State of the Union address and can convene Congress for special sessions. However, the President's power is not unlimited and is subject to oversight and limitations by Congress and the Constitution.

A more thorough explanation:

Executive power refers to the powers and responsibilities of the President of the United States, as outlined in Article II of the U.S. Constitution. The President is elected to a four-year term by electors from every state and the District of Columbia. The President has various duties and powers, including:

  • Being the Commander in Chief of the armed forces
  • Making treaties with Senate approval
  • Nominating the heads of governmental departments, federal judges, and Supreme Court justices
  • Issuing executive orders, which have the force of law but do not have to be approved by Congress
  • Issuing pardons for federal offenses
  • Convening Congress for special sessions
  • Vetoing legislation approved by Congress

The President's powers are not unlimited, however. For example, the President cannot declare war without approval from Congress. Additionally, the President's appointments must be confirmed by the Senate. The President's power to issue executive orders is also limited by the Constitution and by Congress.

Examples of the exercise of executive power include Abraham Lincoln's use of an executive order to fight the Civil War, Woodrow Wilson's issuance of numerous pardons related to US involvement in World War I, and Franklin Roosevelt's approval of Japanese internment camps during World War II with an executive order. These examples illustrate how the President can use executive power to take action in times of emergency or crisis.

executive order | executive privilege

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