<P> In fact, because those actions require legislation passed by Congress which must be signed by the President to take effect, those powers are not strictly executive powers granted to or retained by Congress per se . Nor were they retained by the U.S. Congress as leftovers from the Articles of Confederation . The Articles of Confederation, Continental Congress and its powers were abolished at the time the new U.S. Congress was seated and the new federal government formally and officially replaced its interim predecessor . And although the President is not specifically granted the power to declare war, a declaration of war is not in and of itself a vehicle of executive power since it is literally just a public declaration that the U.S. government considers itself "at war" with a foreign political entity . </P> <P> Regardless of the inability to declare war, the President does have the power to unilaterally order military action in defense of the United States pursuant to "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces". By U.S. law, this power is limited in that he must notify Congress within 48 hours after the beginning of military operations, explaining the source of his authority for the action . Once proper legal notification is given to the required members of Congress, military action can continue for up to 60 days without further authorization from Congress, or up to 90 days if the President "determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces ." </P> <P> Second, specific constitutional provisions may check customary executive authority . Notwithstanding their executive power, the President cannot make treaties or appointments without the advice and consent of the Senate . Likewise, the President's pardon power is limited to offenses against the United States (federal crimes) and does not extend to impeachments or violations of state law . As treaties are by U.S. law official agreements with foreign governments recognized as such only after Senate ratification, the President obviously cannot make treaties unilaterally . However, the President does determine and decide U.S. foreign policy and can enter into non-binding discussions and give conditional approval to agreements reached with foreign governments subject to Senate ratification at a future date . </P> <P> Additionally, since official treaties are specifically created under and by constitutional U.S. law and are entered into by both government and the people as a whole, in their capacity as head of state and as the single individual representative of the United States and its citizens, the President does have Coauthority and Constitutional duty to unilaterally withdraw the United States from treaties if he or she determines the best interests and well being of the U.S. and its citizens are benefited by doing so . </P>

Constitutional duties of the president of the united states