What power does the American president really have?

The American political system was designed with safeguards against authoritarianism, but how powerful are these checks and balances?

When the Founding Fathers established the U.S. Constitution, they sought to limit the power of the president, breaking with monarchical tradition.

On Election Day, more than 200 years later, these structures still exist, with the U.S. government divided into three branches: legislative, executive, and judicial.

The legislative branch includes Congress, which includes the House of Representatives and the Senate, while the judicial branch includes the Supreme Court and the federal judiciary.

The executive branch, on the other hand, includes the president, vice president and the cabinet.

When it comes to the role of the president, he is not only the head of state but also the commander-in-chief of the armed forces.

The president is also responsible for enforcing laws written by Congress. To this end, the president appeals to the Cabinet, whose members he appoints.

The highest title comes with the power to veto bills passed by Congress, although the legislature can override the veto with a two-thirds vote in both houses.

Additionally, a U.S. president has the power to grant pardons for federal crimes, sign treaties with foreign powers (ratified by the Senate), and issue executive orders.

An executive order is an order from the president, although these executive orders are not intended to pass new laws or violate existing legislation. Executive orders can also be legally challenged if they violate the Constitution.

Emergency powers

On the subject of presidential powers, Donald Trump set hearts racing by suggesting he would only be a “dictator” on “day one” of a possible second term.

Reenacting an exchange with a Fox News host, Trump said: “‘You’re not going to be a dictator, are you?’ I said, “No, no, no, except for the first day. We close the border and we drill, drill, drill. After that, I’m not a dictator.’”

Trump was suggesting he would only override checks and balances to create a strong border between Mexico and the United States.

Although the term “dictator” may have been used as a joke, Trump has in fact already pushed the limits of presidential powers.

During his first term, the Republican candidate diverted military funding to build parts of the border wall with Mexico.

This happened after Congress refused to provide the requested funding, prompting Trump to declare a national emergency to circumvent the decision.

At the time, Speaker Nancy Pelosi and Senator Chuck Schumer said in a joint statement that it was “a power grab by a disappointed President, who went beyond the bounds of the law in an attempt to achieve what it failed to achieve through the constitutional legislative process.” process.”

A federal appeals court ruled in 2020 that this decision by the Trump administration was illegal.

In another example, Trump urged Ukrainian President Volodymyr Zelenskyy to investigate his political rival and outgoing President Joe Biden and his son.

He has also pushed the Justice Department to investigate those he considers political enemies, including former Republican lawmaker Liz Cheney and election workers.

America’s Apocalyptic Book

Informally nicknamed the “US Doomsday Book,” Presidential Emergency Action Documents (PEADs) contain executive orders, proclamations, and messages to Congress prepared in anticipation of emergencies.

The contents of these documents are not available to the public or to Congress, but are only shared on a need-to-know basis.

During Trump’s first term, Time magazine reported that national security personnel blocked him from learning “the full extent of these interpretations of presidential authority, fearing he would abuse them.” “, citing interviews with national security officials.

It is also worth noting that the limits of impunity for a US president have also changed since then.

Earlier this year, the Supreme Court ruled 6-3 that presidents can claim some immunity from criminal prosecution related to actions taken while in office.

According to a PBS poll released in April, only about two in 10 Americans said it would be “a good thing” if the next president could change policies without relying on Congress or the courts.

Even so, nearly six in ten Republicans said it would be a good thing for Trump to have that kind of power if he were re-elected.

If Biden were re-elected (Harris was not yet the Democratic nominee at the time of the vote), four in ten Democrats thought it would be positive if he could act unilaterally.

While bypassing Congress can improve efficiency, the legislature acts as a guardrail against abuse of power.

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