Yoo “argues that the language of the constitution, long-accepted precedents, and the practical need for a speedy action in emergencies all support broad executive power during war.”(Taking sides p73). Yoo describes that the constitution examines the two branches power- the president as Commander-in-chief and congress with control over funding and declaring war. The Framers made it this way to be more flexible and create a more deceive action instead of going through the legislative process. Yoo believes that the President has unilateral war powers based on what is written in the Constitution and does not need Congress approval Michael Cairo on the hand thinks different. He believes the founding fathers never envisioned to grant exclusive war powers to the president.
To what extent can the Congress and the Supreme Court limit the powers of the President? In the United States of America, the government is divided into three main branches; The Executive Branch- which the President belongs to, Legislative Branch made up on the Congress and finally the Judicial Function – The Supreme Court. The President is the most powerful person in the USA but his power is held in check by the Congress and The Supreme Court. If these institutions don’t like what the President intends to do then they have the power to prevent him. The Presidents greatest powers lie within foreign policy.
But people still need to recognise we have an institutional responsibility to do oversight on the President” Garry Bass, Congress. This quote supports my view on the Congress being a watchdog. If the Congress is a lapdog, the President can have a free ride on running the country how he wishes and not represent the people’s view. However that is not the case as the President cannot do everything which pleases him. However, looking at the statistics such as Bill Clintons presidency, in the first 2 years which was a united government, Congress exercised limited oversight, and when needed to, asked softball questions, however , when Republicans took over Congress, things got much harder as they seek to hold the President to account, and after a while, impeach.
The president can utilize military action in such an action. 3. Yes the bill would violate the American obligations pursuant to the GATT because GATT says that one nation will not take unilateral retaliatory action against another nation in a trade dispute. GATT’s primary
There are several key actors who can affect the future of RU-486 in the US. President Reagan and his administration, Commissioner Young, and pro-life interest groups do not want RU-486 to be distributed in the US. Pro-choice groups, Roussel and other pharmaceutical companies want RU-486 to be present in the US market. In the long term, the Republican administration and its pro-life allies will want to solidify the FDA’s position on RU-486 making it difficult for opponents to infiltrate the agency’s bureaucratic structure and allow possible approval of the drug. Opponents will want to keep the FDA structure more open, hoping to gain an opportunity for policy change with a shift in political
Although different in nature, congress and the President of the United States both hold positions of upmost power and unequivocally important decision-making for the American people. However, the argument always stands: who has more power? The power problem as it stands “...is the need to grant government enough power to effectively address the problems that people expect government to solve, while also limiting power so that it can be held accountable” (Katznelson, Kesselman, Draper, p.42). Far from perfect, the political system in place attempts to grant both Congress and The President exclusive and shared responsibilities to provide an equal spread of power. Upon founding of the United States government, not all three branches were to share the same amount of power.
It is clear that president choose his nominee from people who share the same (similar) political philosophy and ideology. Therefore, when the nominee will be standing in front of the Senate Judicial Committee he or she would have some sort ideological record based on their previous decisions and thoughts. This is especially true for the nominee who comes from lower, Federal Courts of Appeal because cases are usually heard in there before they arrive to the Supreme Court. This suggests that judges are chosen by executive branch because this is a chance for a president to leave ‘presidential echo’ in one of the branches even after he leaves the office. This means that it is very important to choose a nominee who would be reflecting president’s political philosophy in the Court.
The principle organ of the US state is to legislate, represent and scrutinise the other, safely separated, branches of the government. First of the three elements in which Congress’s primary role plays is in legislation. The very first article of the Constitution lays out how this is done. Bills initiated by both the President and members of Congress are almost certain to be substantially modified as they go through the legislative process, making it very difficult for the President or any political faction to force through their policy agenda. Congress has been somewhat effective in passing laws such as the PATRIOTIC Act under Bush and the Healthcare Reform Act under Obama both show’s that Congress can legislate when it needs be, especially with a majority in both houses.
3. Chief Diplomat- The president shapes and administrates the nation’s foreign policy. 4. Commander in Chief- The president is the supreme military commander of the U.S. Army, Navy, Air Force, Marines, and Coast Guards. He decides to send troops into wars.
By doing this it would lead the democracy to a dictatorship. The separation of powers is another way to ensure that checks and balances are being enforced and followed through. Caplan brings the issue of the debate of the meaning of separation of powers, “…the separation of powers means that each branch has exclusive control of matters in its domain or whether the Constitution generally gives Congress and the president overlapping, or blended, powers, all of which are quite extensive but none of which obviously serves as an absolute trump to the other,” (Caplan 21-2) So the presidential power used in the issue of foreign policy has been somewhat validated by this statement