Presidential Powers Without Senate Approval

The President of the United States possesses a considerable amount of power that does not require Senate approval. This power is derived primarily from Article II of the U.S. Constitution, which outlines the executive branch and its authority.

Executive Orders Agency Direction

The President has the authority to issue executive orders, which are binding instructions to executive branch departments and agencies. Unlike legislation, executive orders do not require Senate approval and can be used to direct federal agencies, such as the FCC, FTC, DOJ, and others, to follow a specific course of action. This allows the President to exert control over various areas of governance.

For instance, the President can:

Direct federal agencies to implement policies aligned with their agenda. Order the DOJ to investigate or prosecute specific individuals or organizations. Fire or reassigned civil servants, particularly those governed by Schedule F appointments. Shape the activities of intelligence agencies to align with national security objectives.

Commander in Chief and Foreign Policy

Under the Constitution, the President is the Commander in Chief of the Armed Forces and holds the authority to conduct foreign policy. These duties do not require Senate approval, nor can they be overridden by Congress. The President's decisions in these areas can significantly impact national security and foreign relations, yet they are beyond the direct control of the legislative or judicial branches.

Limited Congressional and Judicial Oversight

While the President retains significant power, both the Congress and the courts have certain limitations in their ability to intervene:

The courts can review executive actions if they are deemed to be “arbitrary and capricious,” but this is often only after extensive proceedings and the damage has been done. Congress can amend the mandates of administration departments, but this usually involves lengthy legislative processes and can be politically difficult.

It's worth noting that while the President has considerable authority, there are checks and balances in place. Public opinion and public elections can serve as a form of oversight, as citizens can express their dissatisfaction with a President through the ballot.

It is important to recognize that the use of executive powers, such as the issuance of executive orders, should be used judiciously to maintain the balance of power within the U.S. government. Overuse can foster perceptions that the President is circumventing Congress, potentially leading to political tensions and public distrust.