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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
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)
The Constitution divides the government into three great powers known as the Executive, Legislative, and Judicial Branches. Each of these three powers can keep watch on one another so no branch becomes all powerful and takes control over the government. If all three of these powers were united together as one, then the government would have tyranny on its hands. Separation of power has a very important role in the government as it does not allow the branches to abuse their power to annihilate the government system.
A V Dicey, Introduction to the Study of the Law of the Constitution (10th ed 1964) 40.
The President has many duties and responsibilities, some of which many may be unaware. The President has these powers so that they can try to make our country a better, safer place to live. However, they also have limits to these powers so we do not turn into a dictatorship. Some of these powers are stated in the Constitution known as expressed powers, the others are implied powers obtained throughout history.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
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. .
[4] Hickok, Eugene Jr., ed. The Bill of Rights: Original Meaning and Current Understanding. Virginia: University Press of Virginia, 1991
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
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.
Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.
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.
The changes that formed the modern presidency shaped a presidency that uses power aggressively and significantly. The modern presidency
"As at present constituted, the federal government [of the United States of America] lacks strength because its powers are divided, lacks promptness because its authorities are multiplied, lacks wieldiness because its processes are roundabout, lacks efficiency because its responsibility is indistinct and its action is without competent direction." Although this statement, by Woodrow Wilson, was made in the 1920's, it can still be argued today on account of the fact that not much has changed in the way the United States government operates. Still existing in the American way of governing is the theory of the separation of powers, which was evolved within the United States. The theory assumes three well-defined and more or less independent "organs" of government. Each of these organs is regarded as within its sphere to be beyond the control of the other "organs" . The United States' government is a presidential system (or congressional system) and is considerably unlike the parliamentary system. While both the American presidential system and the parliamentary system have both strengths and weaknesses, on balance, the parliamentary system is the superior system.