There are a few expressed powers mentioned in Article II section 2 of the U.S. Constitution. One of these expressed powers is for the president to be Commander in Chief of the Army and Navy when actually called into service. What does the power entail in today's world? After 9/11 the powers under the Commander in Chief grew substantially since the Supreme Court declared that the congressional intent supported the actions of the Commander in Chief. Not all good things come when someone gains more power than they have had before. Under the Bush administration members of the Taliban were rounded up and placed in Guantanamo Bay as detainees. The Bush administration believed that since they prison was in Cuba it fell outside of the U.S. Judicial jurisdiction. With the case of Rasul v. Bush in 2004 determined that the detainees in Guantanamo Bay had the right to habeas corpus petitions. A writ of habeas corpus is used when bringing a detainee or prisoner in front of the court to decide if the imprisonment is lawful or not. …show more content…
This power is one of the least limited powers granted to the president under the Constitution. The power of pardoning someone came from the royal English Prerogative of Kings. Charles Pickney decided to propose the option of giving the chief the power to pardon someone on the 29th of May 1787. He did so since neither the New Jersey plan nor the Virginia Plan gave the chief the power to do so. “Alexander Hamilton reflects this in The Federalist No. 74, in which he argues that "humanity and good policy" require that "the benign prerogative of pardoning" was necessary to mitigate the harsh justice of the criminal code. The pardon power would provide for "exceptions in favor of unfortunate guilt.” "The President's Broad Power to Pardon and Commute." The Heritage Foundation. N.p., n.d. Web. 11 Aug.
Once a pardon was approved by His Majesty through the Secretary of the State it couldn't be revoked.6
Document A: According to Article II of the Constitution, the President has the power to carry out the laws. He officially becomes commander in chief of the Army and Navy of the United States, and of the militia of the several states, allowing him/her to have control over them. The President is responsible for making sure the laws are enforced.
Even though the authority of this field is split into three positions, the president, congress, and the senate. The president's position is dominant. The constitution designates him as the “Commander in Chief of the Army and Navy of the United States.” Leadership in foreign affairs must flow from the president or it will not flow at all. In times of peace he raises, trains, supervises, and deploys the forces that congress is willing to maintain.
The president of the United States is our commander and chief of the U.S. Armed Force. As we know the president leads the country in line with his job within the executive branch of government to enforce the laws created, tabled, and passed by congress. The pressure is enormous and being that it may look easy, it is not. Every president had to endure a great deal of work while in office. In order to be focus under pressure can be of great use during times of conflict (war). Presidential powers in dealing with domestic and foreign affairs through its co-existing of war will show how and why war is constitutional.
RESPONSE: Trump use his presidential power stated in Article II, section 2 of the Constitution which gives the executive branch complete pardon power, except in cases of impeachment, to pardon a controversial figure, sheriff Joe Arpaio. This raises the question of who should a president pardon? And should there be panel to approve the individual a president wishes to pardon.
In 2009, Obama signed an executive order that signalled the closing of Guantanamo Bay. However, Congress blocked bills that would have given the funds necessary to close the detention centre. As a result, Guantanamo Bay is still open today. This example demonstrates that presidents need congress on their side in order for congress to not undermine their executive orders. While the president may have power of executive orders constitutionally speaking, he needs Congress to not undermine it. The House controls the purse and executive orders often require money. This evidence supports the assertion that the US presidency is “more imperiled than imperial” because although he has the legal power, the president needs the political power for his executive orders to not be undermined. In the UK, the PM cannot make laws alone but can vote on them.
Chapter 14: The Presidency Essential Questions: 1. Describe the formal and informal powers of the President (at least three each) The president can issue pardons, the president can also issue executive power, and can also serve as commander and chief of the US military. The president’s unofficial powers are setting and enacting a legislative agenda, executive orders, sending out troops without a declaration of war, and conducting foreign policy initiatives 2. Describe the advantages the President has over Congress in foreign policy (nonmilitary).
According to Article II, Section 2, Clause I of the Constitution, the President of the United States is commander in chief of the United States Armed Forces U.S. ranks have their roots in British military traditions, with the President possessing ultimate authority, but no "rank", maintaining a civilian status. What this means in Article II, Section 2 of the Constitution, refers to the President as the “commander-in-chief of the army and navy of the United States.” What the founders meant by this clause was that once war was declared, it would then be the responsibility of the President, as the commander-in-chief, to direct the war. As with European monarchies, the position of the American president as the nominal head of the armed forces is deeply rooted in traditions going back centuries. However, there are limitations on the authority of the President and what he can and cannot do, such as he can make the decision on the amount of troops are on the ground and if and when the attack will began, but he cannot start a war without Congressional approval. A Declaration of War must be passed by congress before any war can began. This is a checks and balance system set up to keep one person from having too much power. And starting a war just because he does not like how things are going.
Many argue that the most powerful branch in government is the Executive Branch. The President is considered as the most influential and the most important position in the U.S. government. However, the powers granted to Presidents and the prerogative they have exerted are not listed in the Constitution but instead have been adapted and expanded upon by each President. Although the Constitution does not define the powers of the President, it has defined Presidential powers in terms of peace, war, and emergency. A recent expansion of Presidential power, exerted by Bush and then Obama was this “War on Terror (WOT)”. President Barack Obama and his predecessor President George W. Bush have both expanded the powers of the President through the
The United States is considered one of the most powerful countries in the world. They have a well organized and trained armed forces. But, they were built with principles and moral standards. According to those rules, people could not do what they pleased all the time. The paper signed by the founding Fathers is, the Constitution of the United States, which prohibits the enforcers of the law to torture. Yet, it is still done. There is no straight statement that prohibits torture. An arguement of whether it can be legal or not is made, for the use of, retriving important information, the use of the 8th amendment and how 9/ 11 change some perspectives.
During this week’s reading, I was intrigued by the War Powers Resolution of 1973. After having been limited in power prior to Richard Nixon’s election to the presidency, Congress leaped into action to recover some power and gain oversight over the executive branch. Through the Resolution, they limited the President’s ability to deploy troops overseas for an extended period of time. However, the legislation has hardly had an effect - presidents from Ford to Reagan didn’t consult with Congress but deployment. With that in mind, some say it was an unconstitutional limitation on the President’s power as Commander-in-Chief.
The president of the united states are granted powers but that doesn't mean he has all the power when it comes to making important decisions for America. He or she has multiple different powers but they all fall under two kinds of powers one being Formal which gives the president Executive power which they can faithfully execute laws, treaties, and court decisions also can remove and appoint new officials for office if there was to be any kind of emergency they assume emergency powers as well there are thousands of bills that come through the president office with have formal power he is able to sign or veto these bills as well. by having formal powers the president hand picks
Decisions that presidents had made previously with little congressional participation. Under Article I, Section 8, of the Constitution in the Government of the United States, or in any Department or Officer thereof. Congress is granted responsibility for caring out their powers as well as all other powers in the Constitution. This gives them the constitutional right to establish certain procedural implements for war proceedings. Thus, the central purpose of the War Powers Resolutions to restrain the president from unilaterally deploying U.S. Armed Forces. Constant with this intent, legislation imposed the president to report and consult with congress. More notably, it provides congressional supervision by permitting congress to force troop
Nature and Extent of the Power The power to pardon granted to the President is an executive power based on his own wide discretion where the essence of discretion is choice. The discretion is not arbitrary judgement, but rather the ability to discern correctly .A careful reading of the Provisions show that they are silent regarding the factors that must be taken into consideration by the President while exercising the power to pardon. Therefore, it is reasonable to assume that this silence is deliberate, since the power to pardon has historically been in the nature of a prerogative .
The most important power the president has is command of the U.S. Armed Forces as commander-in-chief. While the power to declare war is vested by congress, the president directs and commands the military and is responsible for military strategic planning. Along with the armed forces the president also directs the U.S. foreign policy. He is responsible for protecting Americans abroad and of foreign nationals in the U.S. He can negotiate treaties, recognize new nations, new governments, and nominate federal judges, including those in the supreme court as well as U.S. courts of appeals. The congress checks the president’s power by overriding the president’s vetoes, approving treaties, control the funding of president’s actions, approving presidential appointments and they have the power to impeach the president. The supreme court checks the president by judging presidential actions to be constitutional.