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Executive branch of the USA
Executive branch of the USA
Executive branch of the USA
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Regarding executive powers, and more specifically, war powers, the US Constitution states, “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices”. Furthermore, it states, “He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties…. And appoint Ambassadors”. The President’s war powers are rather vague and open-ended as the question states, but some may argue that now, because of the War Powers Resolution of 1973, this …show more content…
Hamilton explains that foreign policy is better regulated in the executive branch because it has the ability to make quick decisions in a fraction of the time it would take congress to make the decision is crucial. Congress is purposely designed by the Framers to be slow and tedious because that is what lawmaking requires. But, foreign policy can be unprecedented at times and in emergent situations, quick decisions are necessary therefore by giving the power to one person, exactly that can be done regardless of how dangerous it may be to let one person make such a powerful decision. Cornell’s website went in depth about emergency situations, “The Constitution does not expressly grant the President additional powers in times of national emergency. However, many scholars think that the Framers implied these powers because the structural design of the Executive Branch enables it to act faster than the Legislative Branch. Because the Constitution remains silent on the issue, the courts cannot grant the Executive Branch these powers when it tries to wield them. The courts will only recognize a right of the Executive Branch to use emergency powers if Congress has granted such powers to the President”. They
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.
Under the Constitution, war powers are divided. Congress has the power to declare war and raise and support the armed forces (Article I, Section 8), while the president is the Commander in Chief (Article II, Section 2) (War Powers Resolution, Wikimedia). It is generally agreed that the Commander in Chief role gives the president power to repel attacks against the United States and makes him responsible for leading the armed forces. During the Korean and Vietnam wars, the United States found itself involved for many years in undeclared wars (War Powers Resolution, Wikimedia). Many members of Congress became concerned with the erosion of congressional authority to decide when the United States should become involved in a war or the use of armed forces that might lead to war. The Senate and the House of Representatives achieved the 2/3 majority required to pass this joint resolution over President Nixon¡¯s veto on November 7, 1973. (War Powers Resolution, Wikimedia).
In both wars, “Presidents have often engaged in military operations without express Congressional consent. These operations include the Korean War, the Vietnam War,” (War Powers 2008). The result of the action to go to war in Vietnam led to the passing of the the War Powers Resolution in 1973. Since World War II, the presidency seemed to have control over Congress, which did change after the Vietnam War. The wars, though, were meant to protect the ideals of democracy in other parts of the world. However, to their claim, they say that, “since the Constitution was adopted there have been at least 125 instances in which the President has ordered the armed forces to take action or maintain positions abroad without obtaining prior congressional authorization, starting with the ‘undeclared war’ with France,” (Woods). However, they include several things that were very small, and not very large scale attacks, not even against other federal
...nt and Congress shared power as an Executive and Legislative. As an Executive, President can command to take an action in military force. Meanwhile, as a Legislative, Congress has power to declare the war. There are a few controversies regarding to some parts in the War Power Act. Yet, the War Power Act does not violate the constitution.
One of the biggest debated concerning the separation of powers it the attempt to determine which branch has the constitutional authority to undertake the involvement of war. This brings us to the argument of the constitutionality of the War Powers Resolution passed by congress in 1973 in effort to balance powers between congress and the president. Section 3 of the War Powers Resolution act states: "The President in every possible instance...
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.
(Sell Lecture Notes, p.6) Congress shares responsibility with the president in declaring war, negotiating treaties with other countries and proving funds for soldiers and weapons. This is when conflicts come to head. The Vietnam War is a perfect example of this conflict, when the President waged war without a formal declaration of war from Congress. Because of this Congress then passed the War Powers Act in 1973. (Sell Lecture Notes, p.2) The Presidency has many responsibilities and powers.
...t from exercising authority in these cases. These inherent powers have been used both at home and overseas. The most common use of emergency powers is when a state of emergency is issued. But there have been other cases when they were needed. One of the most famous and earliest uses of emergency powers was when Abraham Lincoln used them to suspend the writ of habeas corpus during the Civil War in order to unite a divided country. One thing a declaration of emergency can do is provide federal aid to an area or country in need. Examples of this include such tragic disasters as Hurricane Katrina not to mention the most recent Hurricane Irene which devastated the east coast. In conclusion, Congress has helped develop the Presidency through many means whether it was allowing the president to exercise authority during an emergency or giving the President certain powers.
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 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 presidential power within foreign policy; the first being the presidential model in which decisions abroad are made by the president and his or her top aides and advisors. This model is accepted amongst many because during times of urgency and crisis the president must make quick decisions. The president unlike congress is provided various sources of intelligence information, which is a benefit in analyzing situations globally and making sound decisions.
The president of the United States can make executive agreements (equal to a treaty) and meet with other world leaders without the Senate’s approval. He also has powers that allow him to obtain control in times of an emergency, without the interference of Congress. Abraham Lincoln used this during the Civil War because he needed to ensure he could spend all the money he needed to win the war. The Iranian president can also do this, he can declare a state of emergency which suspends all laws and can enact a state of martial law. However, no president has actually used this power as of now.
As far as foreign policymaking goes, the main goal of the Government is to “speak with one voice” (p. 336) so that our nation will be seen as a united and unwavering force. This notion was put into law in 1799 by the Logan Act, which prohibited unauthorized citizens from negotiating with foreign Governments. Even with such laws in place, having one central foreign policymaking body is easier said than done. The system of checks and balances provides much stability to our national government, but it can also create a struggle between who has what power and who has the final say in matters regarding this issue. There are many individuals, departments, and agencies that retain some influence in the arena of foreign policymaking but for many reasons that will be further discussed, The President is the dominant force and ultimate decision-making resides in his hands, and his alone.
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.
Expressed powers that can be found in the Constitution are Military, Judicial, Diplomatic, Executive, and Legislative powers. The president assumes the role of commander in chief. Presidents are allowed to declare war only with authorization from Congress. Article IV says that the “United States shall [protect] every State… against invasion… and …domestic violence” (Ginsberg 312). The judicial power the president holds is where he has the right to grant reprieves, pardons, and amnesty which involves the power of life and death over all individuals that pose a threat to the country. Diplomatic powers back the idea that the president is the head of the country. He’s the chief representative who’s the face while dealing with other nations. He can make treaties. He...
Every day we are surrounded by stories of war. In fact, we have become so accustomed to it, that we are now entertained by it. Video games, movies, and books filled with heroes who once dominated the battlefields. However it is constantly stated, “no good comes from war.” Even famous songs state “war... what is it good for… absolutely nothing.” But what if war was actually necessary? Throughout history, we see examples of the good things wars have brought. War has freed slaves, modernized medicine, brought down evil empires, and even brought countries together