More than 100 million votes have already been cast meaning the overall figure looks set to comfortably surpass the 2016 turnout. Donald Trump has expressed optimism over the result but cautioned "you never know."
Americans headed to the polls on Tuesday in the knowledge that more than 100 million US citizens had already voted, with observers anticipating a record turnout as a result.
The US Elections Project said the number of people who had already voted via mail-in ballots, early in-person voting, drive-through polls and other means represented 73% of the turnout of the 2016 presidential election.
US President Donald Trump, who until now had expressed skepticism over the validity of delayed counts from mail-in votes, struck a more conciliatory tone as he thanked his campaign team for their efforts in Arlington, Virginia.
Read more: US election live updates: America decides between Trump and Biden
"I think we're going to have a great night, but it's politics and it's elections and you never know,'' Trump said. "Winning is easy. Losing is never easy ... not for me it's not,'' Trump told campaign workers.
Biden in last-minute plea to vote
Trump's opposite number, Joe Biden, meanwhile, spent part of the day in Pennsylvania, one of the swing states that is likely to be crucial in deciding the outcome of the hotly contested election.
Joe Biden spent part of the day in Philadelphia, in the key swing state of Pennsylvania
"We choose hope over fear, we choose truth over lies, we choose science over fiction," the former vice president told the crowd.
Biden later on Tuesday made a plea to last-minute potential voters to go to their nearest polling station. He tweeted: "Today is your absolute last chance to vote in this election. If you haven’t voted early, I need you to vote today and stay in line as long as it takes. Our democracy is at stake."
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US election: How much power does the US president have?
So says the US Constitution
A president is elected to a 4-year term, with a limit of two terms. They are both head of state and head of government, with control of the federal executive branch that employs some 4 million people (including military personnel). The president is responsible for implementing laws approved by Congress. As the US' highest diplomat, the president can receive ambassadors, thereby recognizing states.
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US election: How much power does the US president have?
'Checks and Balances'
The three branches of government — executive, judicial and legislative — are co-decision-makers who reciprocally limit one another's power. The president can pardon people and name federal justices, but Senate approval is needed to confirm them. The president also names Cabinet members and ambassadors — but again, Senate approval is needed. This is one way the legislative controls the executive.
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US election: How much power does the US president have?
The power of the 'State of the Union'
The president is required to periodically inform Congress about how the country is doing — a requirement that has evolved into the yearly "State of the Union" speech. While the president cannot introduce legislative bills, they can discuss topics and initiatives they would like to see addressed. This is a way to place Congress under public pressure to act, but nothing more.
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US election: How much power does the US president have?
Can't just say 'No'
The president can veto a bill by sending it back to Congress without signing it. But this veto can be overridden with a two-thirds majority in both chambers of Congress — the House and the Senate. According to the Senate, only around 111 out of 1,516 presidential vetos have ever been successfully overridden. That's roughly 7%.
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US election: How much power does the US president have?
The gray areas of power
The Constitution and decisions by the Supreme Court do not entirely define how much power the president has. One quirk known as the "pocket veto" allows the president to simply tuck a bill sent to them by Congress away "into a pocket," thereby keeping it from taking effect. Congress cannot override this second type of veto. This trick has been used over 1,000 times.
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US election: How much power does the US president have?
Orders that work like law
The president can order government workers to fulfill tasks in a certain manner or to a certain end. Such directives, or "executive orders," have the power of law; no other approval is needed. But this doesn't mean the president can do whatever they want. The courts can overturn an order, or Congress can enact legislation counteracting it. Moreover, the next president can simply revoke it.
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US election: How much power does the US president have?
Sidestepping Congress
The president may negotiate treaties with other governments, but these then need to be approved by the Senate with a two-thirds majority. The president can bypass this by instead issuing an "executive agreement," which does not require congressional approval. These are valid so long as Congress does not raise objections or pass a law rendering the agreement void.
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US election: How much power does the US president have?
Hold up there with those troops!
The president is commander in chief of US forces, but Congress declares war. The president can involve troops in armed conflict without Congress' approval, but this remains hazy. For instance, Congress saw the US' growing involvement in the Vietnam War on a resolution basis as going too far; it stepped in via law. In short, the president keeps some competencies only until Congress cuts in.
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US election: How much power does the US president have?
Ultimate control
If a president misuses the office or commits a crime, the House of Representatives can start impeachment proceedings. This has happened three times over the course of American history, but no one was convicted in the end. However, Congress has an ace up its sleeve: Since it's responsible for approving the budget, it can cut off the nation's cash flow. But citizens may not be happy about this!
Author: Uta Steinwehr (Illustrations: Klaus Assmann)
jsi/aw (AP, dpa)
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