This part of the Constitution sets specific duties for the president, including what’s become the State of the Union address, enforcing the laws, and receiving foreign ambassadors.
Article II, Section 3
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
The State of the Union was initially a way for the president to keep lawmakers informed and make recommendations. The speech, often referred to as the State of the Union address, has evolved into a major televised media event and is broadcast globally. It gives the president a chance to speak directly to the American public, not just Congress. Except for Thomas Jefferson who, in 1801, thought it resembled a monarch’s speech so he sent a letter to Congress instead.
While Article I empowers Congress to make laws, Article II gives the president the authority to “faithfully execute” the laws, using executive departments and employees. But people still debate exactly how far the president’s power goes.
One framework often used to assess the separation of powers between the president and Congress comes from Justice Robert Jackson’s concurring opinion in the 1952 Supreme Court case Youngstown Sheet & Tube Co. v. Sawyer, in which Jackson outlined a three-tier legal test.
First, the president has the most power when acting under the Constitution or under a law Congress has passed. His power is at its maximum height then and unlikely to be contested.
Second, when the president’s actions contradict Congress’ laws and are not authorized by Article II, his power is at its lowest. In those cases, courts are more likely to rule that the action is illegal or unconstitutional.
Third, there is a middle area Jackson called the “zone of twilight.” That is when the Constitution and Congress are both unclear about a presidential action. In such a situation, courts may look closely at the facts and examine the context and history to decide whether the president’s action is legal.
