Within the executive branch itself, the president has broad powers to manage national affairs and the priorities of the government. The president can issue rules, regulations, and instructions called executive orders, which have the binding force of law upon federal agencies but do not require approval of the United States Congress. Executive orders are subject to judicial review and interpretation.
The Budget and Accounting Act of 1921 put additional responsibilities on the presidency for the preparation of the United States federal budget, although Congress was required to approve it.[1] The act required the Office of Management and Budget to assist the president with the preparation of the budget. Previous presidents had the privilege of the impound funds as they saw fit, however the United States Supreme Court revoked the privilege in 1998 as a violation of the Presentment Clause. The power was available to all presidents and was regarded as a power inherent to the office. The Congressional Budget and Impoundment Control Act of 1974 was passed in response to large-scale power exercises by President Nixon. The act also created the Congressional Budget Office as a legislative counterpoint to the Office of Management and Budget.
The president, as the Commander in Chief of the United States Armed Forces, may also call into federal service individual state units of the National Guard. In times of war or national emergency, the Congress may grant the president broader powers to manage the national economy and protect the security of the United States, but these powers were not expressly granted by the United States Constitution.[2] During the Vietnam War, in 1973, Congress expeditiously passed the War Powers Act and severely limited the ability of the President to conduct warfare without Congressional approval. Congress was constitutionally provided the power to declare the war,[3] but if the president needed to send the troops to other countries for emergency reasons, approved statutes required the notification of Congress within forty-eight hours. For any time beyond sixty days, further congressional approval was required.
