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Presidential powers essays
Presidential power in the usa
Presidential power in the usa
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There are four theories of presidential power. Each of the four theories describes the nature and scope of presidential power in a different view. Constitutional Theory: Holds that Article II of the constitution contains a record of executive powers and the president must be prepared at all times to justify his or her actions either on the basis of the record of the powers contained in Article II or on implied powers (Mason & Stephenson, 2012). Stewardship Theory: Implies that the president is a “steward of the people” and is deemed responsible to do anything that the needs of the nation deem necessary unless it is in violation of the constitution (Mason & Stephenson, 2012). Unitary Executive Theory: This theory grants the president control over the executive members and his power is only restricted by the constitution. The Unitary Executive Theory draws its basis from the coordination of construction initially spoke of by Thomas Jefferson and reinforced by some later presidents. Thomas Jefferson was an influential framer of the constitution and his opinions were often those of many of the framers. The framers of the constitution believed the President was elected to interpret and apply the constitution to the best interest of constituents. The framers also believed Congress was elected to support the president and the beliefs set forth by the constitution. This theory reinforces that all three branches of the Federal Government have a responsibility to enforce the constitution not just the president (Mason & Stephenson, 2012). Prerogative Theory: Is the power to act according to the discretion of the public good, without the regard for the law or even possibly against the law. The president is given several inhe... ... middle of paper ... ...Supreme Court applied the theory of stewardship stating the president is subject judicial orders limiting his actions when the actions threaten an act of illegality. The Supreme Court has been applying the constitutional theory to most all decisions rendered. They believe the president has the use of all powers granted by the Constitution and if he over steps those spelled out in the doctrine then he must be able to justify his actions. This was shown in the case of Youngstown Sheet Tube Co v. Saywer. When the President was told he had over stepped his boundaries (Mason & Stephenson, 2012). Mason, A., & Stephenson, D. (2012). American constitutional law. (16 ed., pp. 84-86). Boston: Longman. (n.d.). Retrieved from http://www.cqpress.com/incontext/constitution/docs/constitutional_powers.html (n.d). Retrieved from http://www.law.cornell.edu/wex/emergency_powers
Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
...he end, the analysis conducted above makes it clear that neither Neustadt’s nor Skowronek’s theories are unified theories of the Presidency which are capable of explaining the full range of variation as it pertains to Presidential records and histories. Rather, each theory is best conceptualized of as representing a single sphere of the Presidency, and each thus serves to potently explain Presidentially-related phenomena which fall within their scope conditions and reach. With this in mind, it is difficult to conceive of a single theory being capable of explaining the full gamut of variation associated with the Presidency. Rather, and as elaborated upon above, each is most successful in the context of its scope conditions, and theoretical hybridization likely represents the best pathway towards explaining the full gamut of variation associated with the Presidency.
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.
Constitutional Commentary, Vol. 27, Issue 2 (Fall 2011), pp. 347-360 Volokh, Eugene 27 Const. Comment. 347 (2010-2011)
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library. Gale Virtual Reference Library, n.d. Web. 18 Mar. 2010. .
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
The approach focused on in this analysis will be the Neustadtian approach; a theory presented in Neustadt’s seminal work entitled Presidential Power and the Modern Presidents. Also up for analysis is an article by Matthew Kerbel, a follower of the Neustadtian approach who provides empirical analysis that substantiates Neustadt’s work.
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. Neustadt brings to light three main points: how we measure the president, his strategy of presidential influence, and how to study them both. Today we deal with the President himself and his influence on government action. The president now includes about 2000 men and women, the president is only one of them, but his performance can not be measured without focusing on himself.
A V Dicey, Introduction to the Study of the Law of the Constitution (10th ed 1964) 40.
[4] Hickok, Eugene Jr., ed. The Bill of Rights: Original Meaning and Current Understanding. Virginia: University Press of Virginia, 1991
The changes that formed the modern presidency shaped a presidency that uses power aggressively and significantly. The modern presidency
John Adams said, “Power naturally grows. Why? Because human passions are insatiable.” This is especially true for someone with as much power and authority as the President of our nation. That is why Presidential power has expanded and continues to expand today. Throughout the history of the United States, Presidents have taken more and more power. Specifically from Congress and the states. Once power is in the President’s hands, it is hard to take it away.
Many citizens today view the President as having minimal constraints as the most powerful person within the United States government. President Trump’s supporters often express this sentiment in their opinions regarding his intent to issue executive orders on immigration, crime, trade, and various other issues. That many of these actions require budget requests subject to congressional approval or judicial review highlight the true nature of presidential constraints. James Madison argued in Federalist #10 for institutional pluralism within a representative government to mitigate factionalism and the passions of the masses. Presidential powers were deliberately limited to preclude that branch from usurping power and becoming a monarch.