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Joseph R Biden is the 46th President of the United States of America (POTUS). The US presidential election is held every four years. An American citizen can serve a maximum of two terms as POTUS.

The president, as the head of the executive, has a lot of power. Article 11 of the US constitution defines the powers the president can use without congressional approval and those where congressional approval must be sought.

Commander-in-Chief of the armed forces

The POTUS has the responsibility of defending the USA including ordering troops overseas. However, only Congress can declare war, e.g. the Iraq War. Treaties must also be approved by the Senate.

Power of appointment

The President appoints thousands of people to help run the country, including members of the US Cabinet, e.g. Secretary of State Antony Blinken. However, nominations for overseas ambassadors must have the approval of the Senate. Article Two of the constitution requires the POTUS to nominate Supreme Court justices and with Senate confirmation, requires justices to be appointed.

The death of Supreme Court Justice Ginsberg in September 2020 sparked controversy as Trump nominated a new Justice (Amy Coney Barrett). Those against the nomination argued that Obama had not been able to replace Justice Scalia, who died in the February before the 2016 elections as it was argued that the new President should be allowed to choose the replacement.

Legislative power

Every January, the POTUS delivers his State of the Union Address to Congress. The president reviews the previous year and outlines spending plans and any proposals for legislation. The president cannot introduce legislation, only members of Congress can do this. Congress also controls the budget.

Power of veto

Before legislation becomes law, bills must be signed by the POTUS. If the POTUS disagrees with a new law he can refuse to sign, e.g. President Obama vetoed H.R. 3762 'Restoring Americans' Healthcare Freedom Reconciliation Act of 2015'. This would have repealed parts of the Affordable Care Act – also referred to as Obamacare.

Congress has the power to override the presidential veto if a bill is passed by two-thirds of the representatives of both Houses. For example, the House of Representatives voted by 241-186 in favour of overriding President Obama's veto of defunding Planned Parenthood. Overturning a veto requires a bill to pass by two thirds. On this occasion, the House failed to override the veto.

Trump used this power ten times across his presidency. As of September 2020, Biden has not used this power.

Pocket veto

A 'pocket veto' or indirect veto is where a bill remains unsigned by the president and there is insufficient time, i.e. less than 10 days before Congress adjourns, for Congress to reject the presidential veto. This occurred when President Obama returned a bill unsigned to increase defence spending in 2009.

Trump did not use this type of veto during his presidency.

Executive Orders (EOs)

The president can bypass Congress on certain occasions by issuing Executive Orders (EOs). EOs allow the president to make laws without Congressional approval. Under President Trump, 219 Eos were issued. As of September 2020, Biden has issued 59. This includes mandating COVID19 vaccines for federal employees. While EOs can be powerful, the next POTUS can undo them quickly with new EOs.

As the only person elected by all Americans, presidents have enormous power. In particular, popular presidents with a like-minded Congress have used their support to increase their power.

Since the 'War on Terror' following the September 11 2001 terrorist attacks, the powers of the president have increased. The Supreme Court can act as a check against the power of the president. It has the power of judicial review and can decide that any law passed by the president and Congress is unconstitutional.