"The best government is which governs least." This quote from the third President of the United States of America, Thomas Jefferson, raises explicitly the central issue that transcends the American political system, namely the extent of presidential powers.It is interesting to note that the Founding Fathers, who began the revolution against the tyranny of the English king, were suspicious in regard to the executive and took care not to build an all-powerful executive by a rigid separation of powers.
But if the President is seen as the second element of political life in the Constitution, he/she is the first in reality. Limits to its power thus appear to be essential. For a better understanding of the subject, it is first necessary to inventory briefly the powers enjoyed by the President of the United States. Both the head of state and head of government, the President represents the unity of the nation.
He is the head of American diplomacy (Truman stated in this connection that "it was foreign policy"), the symbol of national unity, both domestically (his role at major national tragedies is determinant) and internationally (the last visits of President George W. Bush in Europe, sparked much speculation about the state of transatlantic relations), he/she has the power to negotiate treaties (subject to ratification of senators), he is commander in chief (under Article 2, Section 2 of the Constitution), has the right to pardon federal crimes, the head of the administration (he enjoys broad powers of appointment), carries the initiative of the vast majority of laws (despite the provisions of the Constitution giving Congress alone the initiative), and has a right to veto laws and the power of enforcement.
To analyze the subject, elements of the history of American political life should be considered: such as the administration of various Presidents of the United States including major business scandals and tragedies that have shocked, enhanced or limited the status of the President. The central interest of the subject emerges as ultimately presidential powers are not well defined by the Constitution. Due to increased federal intervention on the one hand, and the power of the United States on the other hand, they are now considerable.
Thus are we led to question the need for structures to limit the broad powers of the President of the United States. Are these structures effective? Is it possible to ignore the President? Although immense, the President's powers are not infinite: they are limited by significant means of action enjoyed by the Congress (I). But beyond the limit set by the U.S. Constitution, other influential factors can equally weaken its powers (II).
The continued growth of presidential power has thrown the Congress into shadow. However, the latter, with its independence, retains substantial means of action over the President. These are manifested by major powers to block and exercise control over the President.
Tags: Thomas Jefferson, Founding Fathers, American diplomacy, Congress, cohabitation, Congressional Budget and Impoundment Control Act, The War Power Act
[...] II) Sweeping powers, weakened by various factors The powers of the President of the United States are certainly enormous but not unlimited. If Congress can be considered the main limitation on the powers of the President, it is far from alone. The latter are also weakened by a number of political factors and also by social factors Limited by political factors If the Supreme Court is not a supervisory body as the President , nonetheless, it has some means of action against it As for federalism, it generates certain powers within the states, which sometimes differ from the policy pursued by the central government Independence of Judges of the Supreme Court -The judiciary is a truly independent power. [...]
[...] The 22nd Amendment to the Constitution limits the number of mandates to two.The election is organized as a dual degree: primary elections are conducted for all citizens and permit the designation of "electors" or presidential electors.It is the latter who then elect the President. -This popular legitimacy is important. It is acquired automatically after the elections but is not enough. Generally, the Presidents have won by great deeds performed for the country or through the conduct of major reforms. -In U.S. [...]
[...] In contrast, Nixon claimed that the President does not hinder the power of the courts as confidential, especially considering the recorded conversations in the Oval Office and did not have a military or diplomatic background.Congress is able to not only monitor but also cripple the President. The commission may convene public and inquisitorial hearings the commission on September 11, 2001). 2.The power of impeachment -This complex procedure allows Congress to impeach the President (and also vice-chairman and civilian officials) not on political grounds but on grounds of serious violation or breach of law. [...]
[...] Thus are we led to question the need for structures to limit the broad powers of the President of the United States. Are these structures effective? Is it possible to ignore the President? Although immense, the President's powers are not infinite: they are limited by significant means of action enjoyed by the Congress But beyond the limit set by the U.S. Constitution, other influential factors can equally weaken its powers (II). Considerable powers limited by Congress The continued growth of presidential power has thrown the Congress into shadow. [...]
[...] -In its 1995 decision in the case of "the United States against Lopez”, the Supreme Court unexpectedly ruled that the government had overstepped its constitutional authority by enacting a law banning the carrying of guns near school buildings .The Court stated that the federal government had not proved the existence of a relationship between carrying weapons near school buildings and the power of Congress to regulate interstate commerce. It was the first time in sixty years that the Court seriously questioned the exercise by Congress of its power to regulate commerce. - The fact that the United States is a federal state means that there are some sovereign powers outside the jurisdiction of the president and Congress. [...]
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