President of the United States

The President of the United States of America (POTUS) is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces. Article II of the U.S. Constitution vests the executive power of the United States in the president and charges him with the execution of federal law, alongside the responsibility of appointing federal executive, diplomatic, regulatory, and judicial officers, and concluding treaties with foreign powers, with the advice and consent of the Senate. The president is further empowered to grant federal pardons and reprieves, and to convene and adjourn either or both houses of Congress under extraordinary circumstances. Since the founding of the United States, the power of the president and the federal government have grown substantially[ and each modern president, despite possessing no formal legislative powers beyond signing or vetoing congressionally passed bills, is largely responsible for dictating the legislative agenda of his party and the foreign and domestic policy of the United States. The president is frequently described as the most powerful person in the world. The president is indirectly elected by the people through the Electoral College to a four-year term, and is one of only two nationally elected federal officers, the other being the Vice President of the United States. The Twenty-second Amendment, adopted in 1951, prohibits anyone from ever being elected to the presidency for a third full term. It also prohibits a person from being elected to the presidency more than once if that person previously had served as president, or acting president, for more than two years of another person's term as president. In all, 43 individuals have served 55 four-year terms. On January 20, 2009, Barack Obama became the 44th and current president. On November 6, 2012, he was re-elected and is scheduled to serve until January 20, 2017.

Origin

In 1776, the Thirteen Colonies, acting through the Second Continental Congress, declared political independence from Great Britain during the American Revolution. The new states, though independent of each other as nation states, recognized the necessity of closely coordinating their efforts against the British. Desiring to avoid anything that remotely resembled a monarchy, Congress negotiated the Articles of Confederation to establish a weak alliance between the states. As a central authority, Congress under the Articles was without any legislative power; it could make its own resolutions, determinations, and regulations, but not any laws, nor any taxes or local commercial regulations enforceable upon citizens. This institutional design reflected the conception of how Americans believed the deposed British system of Crown and Parliament ought to have functioned with respect to the royal dominion: a superintending

body for matters that concerned the entire empire. Out from under any monarchy, the states assigned some formerly royal prerogatives (e.g., making war, receiving ambassadors, etc.) to Congress, while severally lodging the rest within their own respective state governments. Only after all the states agreed to a resolution settling competing western land claims did the Articles take effect on March 1, 1781, when Maryland became the final state to ratify them. In 1783, the Treaty of Paris secured independence for each of the former colonies. With peace at hand, the states each turned toward their own internal affairs. By 1786, Americans found their continental borders besieged and weak, their respective economies in crises as neighboring states agitated trade rivalries with one another, witnessed their hard currency pouring into foreign markets to pay for imports, their Mediterranean commerce preyed upon by North African pirates, and their foreign-financed Revolutionary War debts unpaid and accruing interest. Civil and political unrest loomed. Aiming toward a first step of resolving interstate commercial antagonisms, Virginia called for a trade conference in Annapolis, Maryland, set for September 1786. When the convention failed for lack of attendance due to suspicions among most of the other states, the Annapolis delegates called for a convention to offer revisions to the Articles, to be held the next spring in Philadelphia. Prospects for the next convention appeared bleak until James Madison and Edmund Randolph succeeded in securing George Washington's attendance as a delegate to Philadelphia. When the Constitutional Convention convened in May 1787, the 12 state delegations in attendance (Rhode Island did not send delegates) brought with them an accumulated experience over a diverse set of institutional arrangements between legislative and executive branches from within their respective state governments. Most states maintained a weak executive without veto or appointment powers, elected annually by the legislature to a single term only, sharing power with an executive council, and countered by a strong legislature. New York offered the greatest exception, having a strong, unitary governor with veto and appointment power elected to a threeyear term, and eligible for reelection to an indefinite number of terms thereafter. It was through the closed-door negotiations at Philadelphia that the presidency framed in the U.S. Constitution emerged. Administrative powers The president is the head of the executive branch of the federal government and is constitutionally obligated to "take care that the laws be faithfully executed." The executive branch has over four million employees, including members of the military. Presidents make numerous executive branch appointments: an incoming president may make up to 6,000 before he takes office and 8,000 more during his term. Ambassadors, members of the Cabinet, and other federal officers, are all appointed by a president with the "advice and consent" of a majority of the Senate. Appointments made while the Senate is in recess are temporary and expire at the end of the next session of the Senate. The power of a president to fire executive officials has long been a contentious political issue. Generally, a president may remove purely executive officials at his discretion. However,

Congress can curtail and constrain a president's authority to fire commissioners of independent regulatory agencies and certain inferior executive officers by statute. The president possesses the ability to direct much of the executive branch through executive orders that are grounded in federal law or constitutionally granted executive power. Executive orders are reviewable by federal courts and can be repealed by federal legislation. To manage the growing federal bureaucracy, Presidents have gradually surrounded themselves with many layers of staff, who were eventually organized into the Executive Office of the President of the United States. Within the Executive Office, the President's innermost layer of aides (and their assistants) are located in the White House Office.

Juridical Powers
The president also has the power to nominate federal judges, including members of the United States courts of appeals and the Supreme Court of the United States. However, these nominations do require Senate confirmation. Securing Senate approval can provide a major obstacle for presidents who wish to orient the federal judiciary toward a particular ideological stance. When nominating judges to U.S. district courts, presidents often respect the long-standing tradition of Senatorial courtesy. Presidents may also grant pardons and reprieves, as is often done just before the end of a presidential term, not without controversy. Historically, two doctrines concerning executive power have developed that enable the president to exercise executive power with a degree of autonomy. The first is executive privilege, which allows the president to withhold from disclosure any communications made directly to the president in the performance of executive duties. George Washington first claimed privilege when Congress requested to see Chief Justice John Jay's notes from an unpopular treaty negotiation with Great Britain. While not enshrined in the Constitution, or any other law, Washington's action created the precedent for the privilege. When Richard Nixon tried to use executive privilege as a reason for not turning over subpoenaed evidence to Congress during the Watergate scandal, the Supreme Court ruled in United States v. Nixon, 418 U.S. 683 (1974), that executive privilege did not apply in cases where a president was attempting to avoid criminal prosecution. When President Bill Clinton attempted to use executive privilege regarding the Lewinsky scandal, the Supreme Court ruled in Clinton v. Jones, 520 U.S. 681 (1997), that the privilege also could not be used in civil suits. These cases established the legal precedent that executive privilege is valid, although the exact extent of the privilege has yet to be clearly defined. Additionally, federal courts have allowed this privilege to radiate outward and protect other executive branch employees, but have weakened that protection for those executive branch communications that do not involve the president. President George W. Bush delivering the 2007 State of the Union Address, with Vice President Cheney and Speaker of the House Pelosi behind him.

The state secrets privilege allows the president and the executive branch to withhold information or documents from discovery in legal proceedings if such release would harm national security. Precedent for the privilege arose early in the 19th century when Thomas Jefferson refused to release military documents in the treason trial of Aaron Burr and again in 1876 in Totten v. United States, when the Supreme Court dismissed a case brought by a former Union spy. However, the privilege was not formally recognized by the U.S. Supreme Court until United States v. Reynolds (1953) where it was held to be a common law evidentiary privilege. Before the September 11 attacks, use of the privilege had been rare, but increasing in frequency.Since 2001, the government has asserted the privilege in more cases and at earlier stages of the litigation, thus in some instances causing dismissal of the suits before reaching the merits of the claims, as in the Ninth Circuit's ruling in Mohamed v. Jeppesen Dataplan. Critics of the privilege claim its use has become a tool for the government to cover up illegal or embarrassing government actions.

Legislative facilitator The Constitution's Ineligibility Clause prevents the President (and all other executive officers) from simultaneously being a member of Congress. Therefore, the president cannot directly introduce legislative proposals for consideration in Congress. However, the president can take an indirect role in shaping legislation, especially if the president's political party has a majority in one or both houses of Congress. For example, the president or other officials of the executive branch may draft legislation and then ask senators or representatives to introduce these drafts into Congress. The president can further influence the legislative branch through constitutionally mandated, periodic reports to Congress. These reports may be either written or oral, but today are given as the State of the Union address, which often outlines the president's legislative proposals for the coming year. In the 20th century critics began charging that too many legislative and budgetary powers have slid into the hands of presidents that should belong to Congress. As the head of the executive branch, presidents control a vast array of agencies that can issue regulations with little oversight from Congress. One critic charged that presidents could appoint a "virtual army of 'czars' each wholly unaccountable to Congress yet tasked with spearheading major policy efforts for the White House." Presidents have been criticized for making signing statements when signing congressional legislation about how they understand a bill or plan to execute it. This practice has been criticized by the American Bar Association as unconstitutional. Conservative commentator George Will wrote of an "increasingly swollen executive branch" and "the eclipse of Congress." According to Article II, Section 3, Clause 2 of the Constitution, the president may convene either or both houses of Congress. If both houses cannot agree on a date of adjournment, the president may appoint a date for Congress to adjourn.