American president enjoys vast powers

While hearing a case regarding the appointment of former state TV chairman as managing director a few days ago, the honourable Chief Justice of Pakistan, Mian Saqib Nisar, had observed that in the United States, the country's President does not even possess the powers to allot a kiosk — contrary to the case in Pakistan, where posts are doled out as favours at will by men calling shots in echelons of power.

Well, the chief justice certainly has the constitutional and judicial powers to rule any appointment illegal and even order the recovery of all expenses incurred by the state-run enterprises on such nominations.

But as far as the American President is concerned, questions about whether he is too powerful have been raised regularly from America's very first days to Barack Obama's last year in office. And not different is the case during the first 13 months of Donald Trump's tenure.

The President of the United States is thus one of the most powerful positions in the world. Research conducted by the "Jang Group and Geo Television Network" shows that the United States' Constitution explicitly assigns the Presidents the power to sign or veto legislation, command the armed forces, ask for the written opinion of their respective Cabinets, convene or adjourn Congress sessions, and grant reprieves and pardons etc.

The American President's constitutional powers include appointing important public officials, though the nomination of the members of the Supreme Court is subject to confirmation by the US Senate.

By the way, President Ronald Reagan had appointed 376 federal judges, more than any other American head of state till date. According to the October 27, 2005 edition of the "Washington Post," since World War II, only six US Supreme Court nominations have been either withdrawn or rejected by the Senate.

The most recent precedent in this context was witnessed on July 1, 1987, when the-then President Ronald Reagan had nominated U.S. Court of Appeals Judge Robert Bork. The nominated judge had served as solicitor general for the Supreme Court under President Richard Nixon. The Senate Democrats, wary of his conservative philosophy and positions, had objected to his nomination. Bork's nomination was rejected by the Senate in October 1987 by a vote of 42-58.

Before taking office, the President-elect must appoint about 7,000 new federal positions. As of 2016, an incoming administration needs to appoint around 4,000 new employees, of which about 1,200 require Senate approval.

(References: The US Center for Presidential Transition and the New York Times) These appointments range from top officials at U.S. government agencies, to the White House Staff, and members of the United States diplomatic corps.

Many, but not all, of these positions at the highest levels are appointed by the President with the advice and consent of the American Senate. These positions are listed in the "Plum Book," which outlines more than 7,000 appointive positions in the government. Many of these appointments are made by the US President. In the case of 10 agencies, the President is free to appoint a new agency head.

The "Plum Book" is published by the Senate Committee on Homeland Security and Governmental Affairs and House Committee on Government Reform alternately after each Presidential election. It lists over 7,000 Federal civil service leadership and support positions in the legislative and executive branches of the Federal government.

Following the assassination of President James Garfield on July 2, 1881 by a disgruntled office seeker, the US Congress had instituted a merit-based civil service in which positions are filled on a nonpartisan basis.

This assassination highlighted how much the patronage problem had gotten out of control, and shifted public opinion, convincing the United States that the President of the United States had more important things to do than to engage in patronage.

(Reference: President James Garfield's biography published by Kent State University) The Office of Personnel Management now oversees the staffing of 2.8 million federal jobs in the federal bureaucracy.

Through the Department of State and the Department of Defence, the American President is responsible for the protection of Americans abroad and of foreign nationals in the United States.

It is he who decides whether to recognize new nations and new governments and has powers to negotiate treaties with other nations. These pacts become binding on the United States when approved by two-thirds of the Senate. The president may also negotiate certain Executive Agreements with foreign powers that are not subject to Senate confirmation.

According to Article II of the Constitution, the US President has powers like serving as commander in chief of the armed forces, grant reprieves and pardons for federal offenses (except impeachment), convene Congress in special sessions and receive ambassadors.

(References: Michigan Law Review's article "The administrative powers of the President," Legal Information Institute of the Cornell University Law School, The Atlantic and Executive Order 11183--Establishing the President's Commission on White House Fellowships, various reports of the Constitutional Rights Foundation and the US Department of State etc)

According to the May 11, 2017 edition of the "New York Times," the appointments that do not require confirmation of the American Senate include nominations of the White House Chief of Staff, Chief Strategist, Senior adviser to the President, National Security Adviser, Homeland Security Adviser, Special Adviser on Regulatory Reform, White House Counsel, Director of Trade and Industrial Policy, Press Secretary and Special Assistant to the President and National Security Adviser etc.

All members of the staff serve "at the pleasure of the President," but since 1995, the American President is required to submit an annual report to Congress listing the name and salary of every employee of the White House.

However, the appointments that require confirmation of the American Senate include nominations like Secretary of State, Attorney General, Interior Secretary, Defense Secretary, Agriculture Secretary, Commerce Secretary, Labor Secretary, Health and Human Services Secretary, Secretary of Housing and Urban Development, Transportation Secretary, Energy Secretary, Education Secretary, Secretary of Veterans Affairs, Homeland Security Secretary, C.I.A. Director, U.N. Ambassador, Director of the Office of Management and Budget, Director of National Intelligence, U.S. Trade Representative, Labor Secretary, Director of National Intelligence and Chairman of the Council of Economic Advisers.

Research shows that despite enjoying a lot of powers, there are a few things an American President cannot do. For example, he is not allowed to drive on an open road.

He cannot declare a war on their own or make marijuana legal, even it is for medical reasons. The Drug Enforcement Administration would have to get involved to bring any kind of change all over the country.

The power to declare a war lies entirely with the Congress. Although the sitting US President is required to sign the declaration of war, it is not up to him to declare war on any country. There are a lot of rules as to using a mobile phone for the President.

These phones are approved by the US Secret Service first and have a lot of limitations. Apparently, President Trump uses a 'secure, encrypted device' which probably can't even take photos or play music.

Same-sex marriage is a constitutional right, and the President cannot really change it. To bring any kind of change, the Supreme Court has to make the ruling.

'Football' is the nickname given to the briefcase which the Secret Service carries whenever they are out with the President. The exact contents of it are unknown but it does provide means to contact the National Military Command Center (which the President can activate using a laminated card) in case of an emergency.

The President of the United States cannot accept expensive gifts from other world leaders and dignitaries. The maximum limit was set to $375 back in 2014. Most of the gifts go to the National Archives.

Student debt cannot be entirely waived by the President of the United States. He cannot open the windows of the White House or the official transportation, due to security concerns as per the Secret Service. There are laws to limit the number of immigrants legally allowed in the US every year. So it is not only the President's decision to decide how many people come in or go out.

The US President cannot seize anyone's firearms without a legal reason or cause. The Second Constitutional Amendment protects that right of the people. The Presidents aren't allowed to have incomes other than the Government salary. Any kinds of investments a President has, usually go to a blind trust until he or she leaves the office.