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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.
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 ... ...
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.
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.
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 United States Constitution was written up by delegates at the Constitutional Convention in Philadelphia, when many of the country 's leaders realized that the Articles of Confederation, the set of laws that the country had been following up until that point, were creating more problems than solutions. Once it was written, and approved and signed by delegates in 1787, it was sent to the 13 states for ratification. But many of the states saw flaws in the document, and refused to agree to it until changes were made. Both the writers of the Constitution and it 's critics were invaluable to the shaping of the final document. A few of the major flaws pointed out by critics were the lack of a Bill of Rights, the unlikelihood of one government ruling over such a widespread nation while remaining democratic, and doubt that such varied people would be able to exist under the same government without constant turmoil. The supporters of
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 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 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.
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.
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 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).
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.
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.
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.