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Checks and balances america
Limits to the president's power essay
Checks and balances america
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The Constitution gives expressed powers relating to war powers; also, naming the President the commander in chief. Although the power is shared with Congress, the President is the dominant figure. As the Framers laid down the foundation of the nation, the executive power was questioned due to the lack of specificity. With the Constitution’s broad terms, the President’s military power has expanded to an extent in which creates an imbalance in the government. The Constitution was created by the Framers to serve two purpose, establish a federal government and limit the powers of the government. To limit the powers, three branches were formed to serve as a “checks and balance” system. Therefore, each branch has co equal power and is able to check
Presidential power has become a hot topic in the media the in recent years. There has been extensive debate about what a president should be able to do, especially without the involvement of Congress and the American people. While this debate has become more publicized since the Bush administration, similar issues of presidential power date back to Truman and the Korean War. As with much of the structure of the U.S. government, the powers of the president are constantly evolving with the times and the executives.
September 17, 1787, Philadelphia, Pennsylvania; during the heat of summer, in a stuffy assembly room of Independence Hall, a group of delegates gathered. After four months of closed-door quorums, a four page, hand written document was signed by thirty-nine attendees of the Constitutional Convention. This document, has come to be considered, by many, the framework to the greatest form of government every known; the Constitution of the United States. One of the first of its kind, the Constitution laid out the frame work for the government we know today. A government of the people, by the people, and for the people; constructed of three branches; each branch charged with their own responsibilities. Article one established the Congress or Legislative branch, which would be charged with legislative powers. Article two created the Executive branch, providing chief executive powers to a president, who would act in the capacity of Commander in Chief of the Country’s military forces. The President of the United States also acts as head of state to foreign nations and may establish treaties and foreign policies. Additionally, the President and the departments within the Executive branch were established as the arm of government that is responsible for implementing and enforcing the laws written by Congress. Thirdly, under Article three of the Constitution, the Judicial branch was established, and consequently afforded the duty of interpreting the laws, determining the constitutionality of the laws, and apply it to individual cases. The separation of powers is paramount to the system of checks and balances among the three branches; however, although separate they must support the functions of the others. Because of this, the Legislative an...
When the framers of our revered Constitution came together to produce our governing system, they wanted to avoid the precedent of an all powerful entity that could control its citizens. They broke governments role into three important phases, which were the power to make laws, the power to interpret laws, and the ability to enforce them. To further decentralize these authority holding organizations, they created a system that allowed each of the three sections to have a say in each of the others ability to exercise said authority. This organization of overlapping power is referred to as a checks and balances system and was intended to create three equal powers to govern the United States. Over the years since its creation the initially equal powers have become unbalanced, but to understand how the scales have been tipped, one must understand each branches powers that allow them to carry out their mission, the powers that they have to balance out the other two branches, and the circumstances that have led to a change in the power equation.
The Relationship Between the US Presidency, The Supreme Court, Congress and the States When exploring the relationships between the three branches of government and the states, one must first define each branch, and then analyse this relationship. In order to do this, I will need to carefully compare and evaluate the constitutional powers and checks and balances placed on each branch within each state. This will lead me into discovering how these relationships operate in reality. The US President, often referred to as the ‘most powerful man in the world’ is frequently misunderstood by casual observers when the issues of his power and authority over the American country are addressed.
The farmers of our Constitution recognized the need for separate powers as well as checks and balances among the executive, legislative and judicial branches. This in turn helps to "provide for the common defense". Separation of powers prevents one branch from becoming excessively dominant over the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare and secure the blessings of liberty to ourselves and our Posterity, do ordain and establish this Constitution of the United States of America.: In order to accede to the preamble and adhere in its goals, the Constitution ensures this is by clearly stating the authority of the Congress in Article I Section 8 and the authority of the President in Article II Section 2. These fixed powers in the Constitution clearly state that one cannot act without permission or authorization of another. It is designed to that one cannot take action without consent of the other branch. This is prevalent in Article I Section 7 that states the process of how a law is passed. The fact that there are clear steps to the initiation of a law states the importance of separation of powers so that a single dominant branch does not arise.
War powers refers to the powers exercised by Congress or the president during times of war or other crises affecting national security. Article 2, Section 2 of the US Constitution declares that the president is the Commander in Chief of the Army and Navy of the United States. He may direct the military after an official declaration of war from Congress. There is a lot of disagreement and confusion about what exactly the president has the power to do under the Constitution. The purpose of this paper is to determine what war powers the constitution and Congress give the president, domestically and abroad during times of war, and what the scope of those powers is.
The U.S. Constitution gives military responsibility to both the executive branch and legislative branch, but scholars have long debated the jurisdiction of their War Powers. In the past century presidents have further and further ignored the constitutional requirements for taking military action.
The War Powers Resolution was the result of a consistent and ongoing power struggle between the President and Congress in the United States. The Constitution of the United States lays out the powers of the different branches of government. These branches are specifically designed to check each other to create a balance of power. In regards to foreign security affairs, Article I, Section 8 of the Constitution states that the Congress has the power to declare war, maintain the army and navy, and control war funding. Under article II, section 2 the President is the Commander and Chief of the Army and Navy. The President can also veto a declaration of war made by the Congress which must be overturned by a 3/4ths vote by the Congress. The Presidential veto power was also used to create a hurdle for the Legislative branch in passing this policy. However, as this essay will establish, the Congress was able to pass the bill despite the opposition from the Executive branch. The War Powers Resolution is a controversial piece of legislation because it challenged the power of the President as the Commander and Chief of the army and navy. This challenge was perpetrated by Congress in order to check this power of the President and strengthen the significance of the right to declare war.
It is obvious the president was not given enough power under the Constitution. This is in part because Article II of the Constitution was written in a short period of time with little thought. Many presidents have had to make unclear decisions with little information about the circumstance in the Constitution and the president is beginning to take over the government due to increasing implied powers. However the president’s power has recently proven that it has outgrown the constitution and is swiftly evolving. The Constitution gave the president broad but vague powers, including the authorization to appoint judges and other officials with the Senate’s consent, veto bills, lead the military as commander and chief and make sure “that the Laws be faithfully executed.” Many of these powers however are shared with the Legislative Branch, and cause conflict within the government.
The division of power is one of the most often cited principles of our constitutional system. For example, in terms of foreign policy, the Senate must provide advice and consent to the president when making treaties and appointments. Conversely, the constitution grants Congress the authority to declare war and provide the military funding while the President acts as the commander in chief of the armed forces. This sharing of power creates friction between the executive and legislative branches when they are in disagreement and “is an invitation to struggle for the privilege of directing American foreign policy”.
The just war theory is described by Thomas Massaro in his book Living Justice as the “principle that warfare might be justified under certain conditions” (108). The complexities involved with international relations makes determining a just war very difficult. Even though historically pacifism hasn’t gained much traction within Catholic circles, it currently is gaining popularity with many mainstream Catholics. With so many differing views on military action, one might ask, “What determines a just war? How can we balance the need for peace with self-defense?” An examination of criteria for a just war and critiques written on this topic might shed light on these two questions.
The Constitution lays out power sharing amongst the President and Congress. However the Constitution is not always clearly defined which leaves questions to how the laws should be interpreted and decisions implemented. There are three major models of presidenti...
Leaders today need to have an appreciation for the operation process, understand a situation, envision a desired future, and to lay out an approach that will achieve that future (Flynn & Schrankel, 2013). Plans need to be created that can be modified to changes in any factors considered. However, plans should not be dependent on specific information being precise or that require things to go exactly according to schedule. Instead, the staff NCO should be flexible where they can and always be prepared for the unexpected. Today’s military members are fighting an unconventional war in Iraq and Afghanistan. The enemy constantly changes their tactics, techniques, and procedures (TTP’s) to counter the United States technological advances, making planning very difficult for leaders. There are multiple tools at a staff NCO’s disposal to try to anticipate an outcome of a current operation, but also assist with the development of concepts in follow-on missions. The Military Decision Making Process (MDMP) is just one tool a staff NCO can utilize. In order to stay ahead of the enemy, create effective plans and orders, it is critical for a staff NCO to assist the commander, and understand that the MDMP and planning are essential in defeating the enemy and conserving the fighting force.
War is a situation between two nations or regions where they both arrange in conflict. War is accompanied with warfare and casualties with both human lives and conducts financial crisis. Over the centuries, war has not changed in the slightest bit. Even the president, being the Commander in Chief, has complete control over the United States military. Debates rise to question that should the president have this power to command military personnel without the consent of United States Congress. Many consequences can emerge from these decisions from either within the nation or from other foreign lands. Congress should be able to
The power of the Executive branch has expanded over time to become the most authoritative division of government. In contrast to the Constitution’s fundamental designer, James Madison, who predicted the Legislative branch would dominate due to it’s power in making laws and regulating taxes/spending, the executive powers have proven to be superior and ever broadening. Since the birth of the Republic, the President has sought to protect his rights and seek beyond his restriction of power. Setting the precedent as early as 1795, George Washington refused to relay documents relating to the Jay Treaty to the House of Representatives and saw his actions as a justified act of “executive prerogative.” Moreover, weaving throughout the Nineteenth century, presidents such as Andrew Jackson and Abraham Lincoln conceived and added functions, such as the extensive use of the veto and the president’s direct and active role as Commander in Chief to their executive tool-belt.