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新编英美概况:第3次修订版
1.14.1 1.The President and His Powers

1.The President and His Powers

The oath to be taken by the president on first entering office is specified in ArticleⅡ,Section 1,of the Constitution:

“I do solemnly swear(or affirm)that I will faithfully execute the office of President of the United States,and will to the best of my ability,preserve,protect,and defend the Constitution of the United States.”

The Oath of the Office

The Constitution established an executive branch headed by President.The President is not elected directly by the people but through the Electoral College1.The term of office is four years,and the 22nd Amendment(1951)limits the president to two terms.By law,any natural-born American citizen of and over 35years of age and of being a resident within the United States for 14years can run for the President.The duly elected and duly qualified president-elect takes office on the 20th of Jan.following his election.Outside the capitol,on a temporary platform erected for the purpose(in the Senate chamber,if the weather in inclement),he becomes President by taking the oath of office.In the inaugural address,which immediately follows the oath,the President often tries to reduce some of the ill feeling that the election campaign had engendered.Invariably the inaugural contains something of the new President’s philosophy of government,his conception of his office,and some indication of the policies he will pursue.

As commander-in-chief of the US armed forces,the President has the power to raise,train,supervise,and deploy American troops.But he has no power to declare war on other countries.The Constitution clearly confers upon Congress the power to declare war.In reality,many presidents in US history have waged wars without congressional approval.The experience of the Vietnam War led to the War Powers Resolution(1973)that requires the President to consult Congress and withdraw troops after sixty days unless Congress specifically approves the continued deployment of troops.

To conduct foreign policy,the constitutional authority of the President is as follows.He is the nation’s sole official spokesman(but usually through diplomatic channels)with foreign powers.He sends and receives ambassadors and ministers.Through this authority he recognizes new foreign governments and states.He appoints,with the consent of the Senate,the Secretary of State,all other officers of the State Department,and special agents.With the consent of two-thirds of the Senate,he makes treaties and,often on his own authority,signs executive agreements with other countries that do not require Senate approval.

The President also has appointment power.According to the Constitution,the President shall nominate,and by and with the advice and consent of the Senate,ambassadors,other public ministers and consuls,judges of the Supreme Court,and all other officers of the United States.Although the Senate has equal authority to advise and consent in respect to any nomination the President may make,the Senate usually gives the President a relatively free hand.Even if the opposing party controls the Senate,the President’s nominations are usually accepted.

The President holds big influence in law-making.He can call Congress into special session and can adjourn Congress if the House and the Senate cannot agree on a final date.But he cannot dismiss Congress.The President is also authorized to propose legislation.He usually outlines the administration’s legislative agenda in the State of the Union address given to a joint session of Congress each January.In fact,much of the legislation is made on the proposals of the President.If Congress passes any bill that he does not like,the President may veto it.Unless two-thirds in each house vote to override the veto,the vetoed bill can not become law.In 1996,a federal law gave President an item veto,also called selective veto,which is the authority to reject specific sections of a bill without having to veto the entire bill.

The President can also influence the decision of the federal courts,for he has the power to nominate justices of the Supreme Court and all the other federal courts.He also has the power to pardon any one who has broken the federal law,as President Gerald Ford pardoned Nixon.But he cannot pardon the person who is impeached.

In spite of his great power,the President is actually moving within the limits already drawn for him.For example,all appropriations of the government are legislated by Congress.The Supreme Court has the power to declare his policy,even if it has already been approved by Congress,unconstitutional and thus abolished it.Finally,if he abuses his power or commits crimes,he will be impeached by Congress.Impeachment simply means to bring formal charges;it does not mean conviction.In American history there have been two presidents(Andrew Johnson and Bill Clinton)who faced impeachment proceedings,but they were not convicted.Richard Nixon resigned from office while impeachment charges were being prepared against him.