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.
However, this is not true because the Congress is both an independent and co-equal branch of Government. As David Obey said “We may belong to the same party but we are an independent branch”. Checks and balances are required to keep the government stable and avoid the President going against the wishes of the people. “I think Barack Obama is terrific. But people still need to recognise we have an institutional responsibility to do oversight on the President” Garry Bass, Congress.
2. The president has negotiated an executive agreement with Caspiana. An executive agreement gives the president power to enter executive branch of the government into agreement with a foreign state without senate ratification. A challenge by a member of congress would not be successful. This is because such an act would be considered as an executive agreement and the president acted within his constitutional authority.
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.
Like presidents, modern prime ministers can generate different political resources through these different roles and the techniques required by them. At the same time and in similar fashion to presidential politics, prime ministers are increasingly monitored and assessed according to criteria that are quite different to those experienced by senior colleagues, also like Presidents a modern day prime minister is often voted in due to factors that have nothing/ little to do with their political agendas, for example in 1997 Tony Blair
The Executive Branch, which includes the president, is in charge of enforcing laws, the Legislative Branch controls making laws, and the Judicial Branch is a system of courts that interpret the laws created and enforced by the other branches. Hamilton stated as opposed to the Executive and Legislative branches of government, “...[The Judicial Branch] has no influence over the sword or the purse;” (Federalist #78) Because the Executive branch has the power to enforce law and the Legislative branch has the power to declare war and make laws, Hamilton argues that the Judicial branch is the least dangerous. Although I believe the Judicial branch has many positive aspects, I agree with Hamilton’s argument
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
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.
In this essay I want to demonstrate that The President of the United States has a major role in the executive branch of government.In the first part of my essay I will talk about the duties of the President.In the second part I will focus on the limitations which he encounters during his mandate.In the last part I want to demonstrate the Head of State can manage to have a great career and that he is able to influence what happens in his country. The President of the United States is the only nationally elected politician who has the responsability of speaking for its country as a whole and of representing the national interest both in foreign policy and domestic affairs.The President has various political roles which he must execute in order to lead the country properly. One role of the President is that of Head of State.He is busy with the administration of the country and he must stand for the highest values and ideals of the country.As the Chief Executive he decides how the laws of the United States are to be enforced and chooses officials and advisers to help run the Executive Branch.He is also a Chief Diplomat and decides what American diplomats and ambassadors shall say to foreign governments and with the help of advisers,he makes the foreign policy of the United States.The President is in charge of the U.S. armed forces like the Army, Navy, Air Force, and Marines as a Commander-in-Chief.He decides where troops shall be stationed, where ships shall be sent,how weapons shall be used and all military generals and admirals take their orders from the President.The fifth role of the President is that of Chief Legislator and due to the Constitution he has the power to influence Congress in its lawmaking although only Congress has the actual power to make laws.As Head of Party he "exercises great influence over the party's national organisation and can play a major
Those studying Comparative Politics have always been keen on finding out whether the presidential or parliamentary form of government is more conducive to a stable government and democracy. This essay aims to discuss which system is more suitable to new democracies. Presidentialism A presidential system is a system of government in which an executive branch exists and presides separately from the legislature. The executive branch is not accountable to the legislative branch and the legislature cannot dismiss the president except in rare cases. In a presidential system, the president is both the head of the state as well as that of a government.