The Legislative Branch’s Senate, Congress, and House of Representatives can impeach the President. Impeach means to charge a public leader with misconduct in office. This limits the Executive’s power to make decisions disapproved by the Legislative. The Senate has to approve all Presidential appointments. This means anybody appointed by the President then has to be approved by Senate.
According to the Constitution Article 1, the powers were bestowed upon congress. In the legislative process the House and Senate are equal (without consent from both of the chambers laws could not be made). However, each chamber was granted some unique powers by the constitution, the empowerment to ratify treaties and to approve appointments of the president. All bills for raising revenue shall originate in the House of Representative, in
All military leaders report to and take orders from the president. It is important to note that the president performs this duty as a civilian. Examples of this role include deciding whether to bomb foreign cities or calling out the National Guard to stop a riot. The Chief Diplomat role gives the president the power to conduct unique agreements, commonly known as treaties, with heads of state. He acknowledges foreign governments, and under the advice and consent of the Senate, basically asserts these foreign governments as credible.
Overtime the Constitution has been amended and thus the amendments have been established to further protect citizens from unlawful or repressive acts of government (Bill of Rights are included in the first ten amendments and were established in 1791). Inasmuch, the limited powers have been granted to the three branches of government (Executive, Legislative and Judicial) known as enumerated powers. Primary powers of government have been given to Congress; Congress has enumerated powers in 18 different clauses. The powers that generally impact business owners and managers include (1) the power to regulate commerce ( Commerce Clause ); (2) taxing the citizenry and commercial entities and spending government funds
In this paper we will attempt to compare and contrast the differences and similarities of federal and state government as it pertains to their role in the implementation of criminal justice policy. We will try to address several aspects of policy for the development and implementation of those laws. The United States Constitution governs our nation. The Constitution provides the federal government the authority it needs to handle the nations international affairs as they deal with foreign policy, this enables the federal government to create and establish the national defense needs of the nation, and it also allows them the power to handle and deal with the issues which are currency related inside the nation. The federal government is superior to state government, and, because of this federal law will override state law.
* Constitutions are used as the overriding law. The constitution laws establish the principles of government involvement in either federal or state level law. This created the branches of the government, presents certain powers of each branch and what powers they do not have. The constitution prevents other government parties from passing laws that specifically limit individual rights. * Administrative laws are elected by administrative agencies.
The idea of checks and balances are central to the federal government. Checks and balances is a system of government in which each branch (executive, judicial and legislative) exercises control over the actions of the other branches of government. The legislative branch of the government (otherwise known as congress) carries out the checks on the executive (the president). An example of this is the power congress have to amend, block and even reject pieces of legislation. An example of this is the events of 2013 when congress blocked Obama’s attempts to control gun ownership.
Whilst there are operating guidelines within which the president must follow, mainly the joint co-ordination and approval of Congress, to construct and enact (Hastedt, p169, 2009) these policies, going to war being the most significant, there are a number of tactics to overcome constitutional restraint. These tactics legally permit the same course of action as heavily censored bills and acts of government but with only the president’s authority necessary for implementation. Executive Agreements carry the weight of a Senate-approved treaty but require only presidential approval. The president can bypass the need for Senate approval and its subsequent influence on policy by appointing Informal Ambassadors to negotiate the same Senatorial tasks. A president can instigate or participate in an Undeclared War by citing the need for humanitarian action.
The first enumerated power is the president’s ability to receive ambassadors and emissaries from foreign nations. In effect, this provides the president the power to recognize the legitimate governments of foreign nations. The second enumerated power allows the president to make treaties with foreign nations, subject to the consent of the Senate. However, the president can circumvent Senate approval through the use of executive agreements which are similar to treaties the only difference is that they are less formal and do not require Senate approval. The major power of the presidency in foreign affairs is the wartime powers.
For instance, the President and his relation to habeas corpus. The Commander-in-Chief clause states that “[t]he President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States” (U.S.CONST. art. II, § 2). When evaluating the President’s relationship in regards to habeas corpus, one must first consider whether or not the President even has the right to confine individuals.