Question

Discuss briefly, the limitations that the Constitution of the United States places on the powers of the President.

Answer 1

Presidential power is derived from, and limited by, the Constitution. The framers of the Constitution lived in dread fear of a powerful executive and consequently, granted to the chief executive sharply limited powers. James Madison, the chief architect of the Constitution, stated in the Constitutional Convention that presidential powers should be “confined and defined.” Constitutional Limitations on the powers of the President of the United States : 

• Term Limit: A person can only be elected for two four-year terms as President. If a person serves two or more years of another President’s term (if the President dies in office or resigns) this shall be deemed as a full term for purposes of the term limit.
• All presidential appointments to high federal offices require confirmation by the Senate.
• All treaties entered into by the President require ratification by a 2/3rd’s majority.
• Although the President has the power to veto legislation passed by Congress, the veto can be overridden by a 2/3rd majority of both Houses.
• Although the President is the Commander in Chief of the Armed Forces, the power to declare war rests with Congress.
• The President can be impeached (by the House) and tried (by the Senate) and removed from office for high crimes and misdemeanors.
• Presidential actions are subject to judicial review by the Supreme Court.
• The working of the federal executive is subject to congressional oversight.