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President power on lawmaking
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The subject of signing statements has created much debate among the houses of Congress, government officials, and the public alike. These signing statements fall under the categories of constitutional and legislative history signing statements. Constitutional signing statements are those in which the president deems certain provisions of the legislation as unconstitutional, therefore they should not be enforced (Bradley & Posner, 2006). Legislative history signing statements are executive interpretations of ambiguous legislation (Bradley & Posner, 2006). The Constitution very specifically outlines the process of a bill being passed up to the executive level, but the issue of presidential signing statements is not explicitly discussed, therefore it becomes a controversial …show more content…
C., & Wayne, S. J. (2010). Presidential leadership. (8 ed., pp. 528-536). Boston, MA: Cengage Wadsworth. Ellis, R. J., & Nelson, M. (2010). Debating the presidency: Conflicting perspectives on the american executive. (pp. 137-153). Washington, DC: CQ Press. Halstead, T. J. American Law Division. (2007).Presidential signing statements: Constitutional and institutional implications (Order Code RL33667)Congressional Research Service. Kelley, C. S. (2007). The law: Contextualizing the signing statement. Presidential Studies Quarterly,, 37(4), 737-748. Retrieved from http://www.jstor.org/stable/27552286 Kinkopf, N. (2006). Signing statements and the president's authority to refuse to enforce the law. American Constitution Society for Law and Policy Lee, M. (2008). Reorienting the debate on presidential signing statements: The need for transparency in the president’s constitutional objections, reservations, and assertions of power. Manuscript submitted for publication, School of Law, UCLA, Retrieved from http://www.uclalawreview.org/wordpress/?p=339 Lund, N. (2007). Presidential signing statements in perspective.William & Mary Bill of Rights Journal, 16(1),
In Supreme Court cases, it is difficult to determine which side the judges will rule because the cases are often very controversial. The Constitution and one’s rights need to be protected, and if it goes against the Constitution, the consequences will not be agreed upon. As a result, in Holmes’ analysis, it ultimately brings to light the importance of results often being black and white, but they truly aren’t. The public still has a long way to go in not only understanding the law, but also the reasons why judges make these different decisions. But the most important thing is that the U.S. Constitution is always followed.
Since its very conception, the Constitution of the United States has while holding great reverence, been a great topic of debate amongst the political scholars left to analyze it in all its ambiguity. Two such scholars, John Roche and Charles Beard, in their analyses of the Constitution aim to tackle a layer of the uncertainty: how democratic the Framers truly intended the Constitution to be. John Roche speaks in unquestionably high regard of the Framers in advocating that they so evidently compromised their own values in order to create a democratic document that would strengthen the US as a whole. Charles Beard conversely insists that as the economic elite of their time, the Framers were influenced primarily by their private interests to
One of President Lincoln’s most notable infringements was his suspension of the writ of habeas corpus. Within months of taking the presidential oath, Lincoln ordered the suspension of habeas corpus, citing “supra-constitutional reasons for taking unilateral executive action.” Attorney General Edward Bates’ defense of Lincoln’s actions regarding habeas corpus in which he refers to it as a privilege rather than a guaranteed civil liberty serves as basis for proving the illegitimacy of this act. If the writ of habeas corpus, which protects citizens from unlawful imprisonment, is viewed in the manner that Bates (and Lincoln for that matter) refers to it, one of the most basic constitutional liberties of a right to trial can easily be deprived and can very well devolve into despotism later
In the United States, the government has been run as a “representative” democracy. With every presidency comes change, however, one thing does not change and that is the State of the Union Address. Every President is tasked with giving a speech to address the state of the country specifically on the economy and the current budget. The speech is supposed to give American citizens a sense of hope, comradery, and belief that the leader of the free world is making every effort to make this country better for all who are apart of it. However, with the newly elected President, during his State of the Union Address he promoted division and intentional attacks towards immigrant in the United States.
The United State’s Constitution, the shortest written Constitution in the world, only has twenty-seven amendments, and now it is time to add another. The power of a presidential line-item veto was denied to the Clinton Administration in 1998, but with this last Congress being the least productive Congress ever, it is time to re-think the power distribution in the legislative process. In Congress, on average, only 10% of the bills proposed make their way through, and ever reach the President’s desk. In this modern day and age a bill, on average, is 3,105 words. When Congress was first created the idea was that each proposed legislation would be contained in one bill, now bills are comprised of various provisions. Which is why the power of the line-item veto would be beneficial to expand presidential authority. This line-item veto authority is the ability to cross out certain provisions while still being able to sign in to law the entire bill. This would be beneficial to the United States government, as an amendment that would allow the president to cut out unnecessary spending to in turn lower the national deficit. The United States government needs to pass an amendment to allow Presidents to use the line item veto.
When the rights of the American citizen are on the line than the judiciary should utilize the powers invested in them to protect and enforce what is constitutional. However, in times of controversy, where personal preference or aspects of religious or personal nature are at hand, the judiciary should exercise their power with finesse, thereby acting out judicial restraint. An example of such is in the case of Engel v. Vitale where Mr. Justice Black delivered the opinion of the court directing the School District’s principal to read a prayer at the commencement of each school day. In cases that do not regard whether an action is constitutional or not, the judiciary should suppress their power of judicial review.
Constitutional Commentary, Vol. 27, Issue 2 (Fall 2011), pp. 347-360 Volokh, Eugene 27 Const. Comment. 347 (2010-2011)
The Constitution of the United States is one of the most iconic and important documents of all time. However, when it was first generated, its writing and ratification caused some major concerns. The purpose of the Constitution was to address the great number of issues of a new nation. To be more specific, the Constitution was meant to resolve the political, economic, and social problems of the country. Nevertheless, the document spurred much discussion and concern over people’s rights, the economy, and political corruption.
The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn’t too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the legislative, the executive, and the judicial, for both the state and federal level.
October 5, 2013 in Cornell Law. CRS/LII Annotated Constitution of the United States. Cornell University Law School, Inc. 2013. The. Web. The Web.
Otto von Bismarck once said, “Laws are like sausages, it is better not to see them being made.” The arduous process that a bill undergoes in order to become a law may seem grueling and pointless; however, the processes high caliber of difficulty allows for the extreme prestige and exclusivity of bills that are passed. Because the process is so exhausting, and filibusters, subsequently requiring a super-majority vote to pass a bill, have always been such a threat in Congress, historically, bills that attempt to reform sensitive issues have not fared well in the legislative branch. However, when Congress does pass controversial laws, it then also faces the task of effectively enforcing them. But, when the process is carried out to completion, laws that are enforced have significant impacts on the everyday lives of the American people—such as laws concerning abortion rights. In the United States, the government and Congress have significantly affected the rights of women with regard to abortions through laws that either restrict or guarantee their legality and availability, while the government’s capacity to do so is affected by the principle of federalism along with that of the separation of powers.
From the inception of the Constitution, there has always been a power struggle between the President and Congress. In the beginning, Madison and the Jeffersonians were placed in a gridlock with Hamilton and his school of political philosophy. Andrew Jackson fought to extend the powers of the President, then Congress spent 50 years fighting to repeal the powers of the Executive. Abraham Lincoln refined Jacksonian presidential politics, then Congress impeached his successor, Andrew Johnson, for fear of another quasi -- tyrannical President. Even today, a Congress, whose majority is of the same party as the President, fights 24 hours a day to check the power of President George W. Bush. But why, and how? Inherent Power Struggles Within the Constitution: Article I, Section I -- "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives" VS. Article II, Section I -- "The executive power shall be vested in a President of the United States of America" Article II, Section II -- "The President shall be the 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" - The Founders' ambiguous and contradicting language sets the stage for a power struggle between the Executive and the Legislative branches - Being that the Founders were political masterminds, they realized that unique circumstances would demand some deviations from the restraints that the Constitution places on both the Executive and the Legislature - Founders anticipated that during times of crisis', the nation would need ...
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...
As the case in Illinois clearly demonstrates, concerns about the fundamental discrepancy between a government's authority and what that government's authority guarantees are still being resolved. Cases like Tinker still have meaning and relevance to the situations of today, but at the same time, the lesson of Slotterback and innumerable other cases is that precedent can be defied, that every new generation requires a new interpretation of the provisions and guarantees made in grand terms vague enough to allow just such reinterpretation. History shows that censorship can be unfolded into either prior restraint or public forum, the approach from liberty or the approach from authority. Judicial sympathies have swung from one to the other with some regularity. With an issue as contentious as this, we can safely expect they will continue to do so.
The power of executive privilege has been extremely controversial since basically the beginning of the United States as a democratic government. Many saw this power come into a greater public focus particularly during the Nixon presidency and the infamous Watergate Scandal, but the theory and use of executive privilege existed long before Nixon. As in true American fashion, some argue in favor of executive privilege, while others view it in a more negative light. The intense controversy is what makes executive privilege so intriguing to review in a deeper and more in depth analysis. The theory of executive privilege has derived its power throughout evolution of time, a series of presidencies, and quite a few pinpointed circumstances resulting in some very notorious court cases.