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President pursuative power
President pursuative power
Four theories of presidential power
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Article II of the Constitution, explains the role of the President or his Presidential Power. The President is the enforcer of the law, he is the Commander and chief of the Military, he can sign laws and treaties, he can veto laws, he can pardon offenses and he has the power to pick the US Supreme Court Justices. However the President cannot declare war, he does not write laws but he can propose them, the laws he vetoes can be overridden by a supermajority of congress. Treaties must be approved by congress and as well as the President’s cabinet picks and he SCOTUS picks. The President of the United States enjoys certain authorities to act in emergent situations. However this emergency power was never defined specifically in the Constitution. The Executive Branch is designed to be able to act quickly in times of war or national emergency but it is limited to situations …show more content…
These theories are constitutional theory, stewardship theory, unitary executive theory and prerogative theory. Constitutional theory is the understanding of presidential power by which presidents are able to explain their actions based on powers discussed or understood by the Constitution. Prerogative theory is the interpretation of presidential power that permits the president to do for the public good even if the deed is unlawful. Stewardship theory is the interpretation of presidential power by which presidents may act to advance the essentials of society except unlawful by the constitution or a ruling. The unitary executive theory is the understanding of presidential power under which the president not only has control over members of the executive branch, but whose authority is restricted only by the Constitution. Congress may hold the president accountable by condemnation, prosecution, or constitutional amendment but not by lawmaking that interrupts onto the chief executive’s Article II
As the President of the United States, a president have powers that other members of the government do not. Presidential power can be defined in numerous ways. Political scientists Richard Neustadt and William Howell give different views on what is presidential power. These polarized views of presidential powers can be used to compare and contrast the presidencies of George W. Bush and Barack Obama.
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.
War Powers Resolution, Wikimedia Commons. The War Powers Resolution states that the President s powers as Commander in Chief to introduce U.S. forces into hostilities or imminent hostilities are exercised only pursuant to (1) a declaration of war; (2) specific statutory authorization; or (3) a national emergency created by an attack on the United States or its forces (War Powers Resolution: Presidential Compliance).... ... middle of paper ... ...
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...
The worries of yesterday Eventually, we will have a tyranny without a strong, trustworthy constitution. We do not want to recreate exactly what the colonists were trying to avoid and escape from, which was tyranny. Tyranny refers to when a person has a lot of power, and has a lot on their hands, having complete control, and total control. In 1787 a group of delegates from 12 of the 13 states goes together to try to better the country.
The Evolution of the Power of the Presidency The views of the presidency by the first sixteen presidents varied widely but all of their actions set precedents for their successors to use, expand, or even curtail the power of the office. Some believed in the Whig theory of strict adherence to the constitution, while others believed the president was the steward of the people with a loose interpretation of it. The power of the office expanded through the years, however it only expanded as far as the public and congress allowed. George Washington was the first President of the United States of America and realizing this he acted carefully and deliberately, aware of the need to build an executive structure that could accommodate future presidents.
The Constitution does not explicitly give the president additional powers during times of emergency, but many people think that the framers of the Constitution implied these powers because the executive branch can respond faster than the legislative in times of crisis. Abraham Lincoln used the claim of emergency powers when he suspended the writ of habeas corpus without approval from Congress in 1862. In 1863, Congress passed the Habeas Corpus Suspension Act. This act gave the president power to suspend the writ of habeas corpus, which allows prisoners to have their cases examined by a judge to determine if their detainment is lawful. Abraham Lincoln signed the
(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.
Richard E. Neustadt, the author of Presidential Power, addresses the politics of leadership and how the citizens of the United States rate the performance of the president's term. We measure his leadership by saying that he is either "weak or "strong" and Neustadt argues that we have the right to do so, because his office has become the focal point of politics and policy in our political system.
Although some believe this gives the president too much power in making major decisions that impact Americans and the country as a whole. The second model is the legislative model in which congress make the decisions on how foreign policy abroad will be implemented. This model often times is criticized because the long and tedious process by which congresses makes and
The main powers of the executive branch rest with the President of the United States of America. Powers granted to him by the constitution include serving as commander in chief of the armed forces; negotiating treaties; appointing federal judges, ambassadors, and cabinet officials; and acting as head of state. The president also has a cabinet which includes officials such as the attorney general and the secretaries of State, Treasury, Defense, Interior, Agricu...
The last time this was used was by Harry Truman in 1948. The President can also make treaties and appoint ambassadors. While Article II, Section 2, Clause 2 gives the President power to make treaties, it must be ratified by a two-thirds vote in congress. While this appears to give both the president and congress equal powers, the primary responsibility lies with the executive branch.
The Power to Declare War: Does It Mean Anything There are many different arguments to support and dispute the idea of who has the power to declare war. Everyone is aware of, that despite the fact that Article I, Section 8, Clause 11 of the U.S. Constitution grants Congress the power to declare war. The President, meanwhile, derives the power to direct the military after a Congressional declaration of war from Article II, Section 2, which names the President Commander-in-Chief of the armed forces.
The president cannot decide by himself. “The president of America is not the government of the US.” (Bowles) The government of the United States is via co-operation and the notion is that the administrative, legislative and judiciary must act together in harmony to subedit policies (The Powers of the American President).
In the U.S. Constitution, there is an article that grants the President of the United States a right to veto a legislation. This power was given to the president by the Framers so that the legislative branch would not become too power. By The Framers of the constitution separating the powers of the government, it allowed for everything to be balanced out and equal, so that each branch could not abuse their power. The veto simply gives the president to review the legislature by checking the acts approved by Congress. The president makes sure that its constitutional and if its not then they can prevent it.