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.
Another very notable role of the President also outlined in Article II. Section 2. of the Constitution and reads, “He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court(http://www.archives.gov/exhibits/charters/constitution_transcript.html). It essentially gives the President power to make treaties with foreign nations however, two-thirds of Congress must be in agreement with the decision. Although the President, or the Executive Branch can be interpreted as the most authoritative arm of government, its powers are still limited and restricted by the process of checks and balances. Each branch of government has some governance over the other two divisions. For instance, just as it is outlined above, the President can nominate Ambassadors and Judges of the Supreme Court but the decision must be upheld by Congress. In other words, under the "Advice and Consent clause the appointed member must be sworn in by the Senate. Again, this is an example of how the system of checks and balances limits the powers of the President.
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
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.
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
Once a pardon was approved by His Majesty through the Secretary of the State it couldn't be revoked.6
Since the creation of the United States of America, the power of the President has increased dramatically. Specifically, regarding foreign affairs, the power of the President has greatly increased. According to foreign policy specialist Michael Cairo, the Constitution originally gave Congress the majority of war powers. While the formal powers of Congress include the power to declare war, raise and support an army, and regulate commerce, the President was only meant to mainly be Commander in Chief and negotiate treaties in regard to foreign affairs. The President’s role of leading the armed forces may seem like it would give him the authority on all issues regarding foreign affairs, but this power was granted to the President so that he could react quickly if a national emergency occurs. Although Congress was originally given the majority of war powers, Presidents have begun to utilize unilateral authority in the realm of foreign policy. In the Korean War, the Vietnam War, and more recently in Iraq and Afghanistan, the President deployed troops without a declaration of war from Congress.
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.
The War Powers Act was explicitly meant to limit presidential powers during war time, but it has failed to do so. The ninety day limit has never been followed and while 99 reports have been submitted to Congress because of the Resolution, the reports are simply to inform, rather than consult with Congress, after a planned action is already under way. During the presidential reign of Gerald Ford, the United States was involved with six military crises: the rescue of U.S. citizens and refugees in Vietnam after the war, the rescue of the Mayaguez, and two evacuation operations in Lebanon. The War Powers Act was not applied in any of these situations, and it’s relevancy in military
The President’s formal powers, as found in Article II of the U.S. Constitution, begins with Commander in Chief of the Armed Forces. This was the first power listed, signifying the prominence placed on keeping the country secure and safe, especially from foreign invasion. The next formal power of the President is the power to grant reprieves and pardons for offenses against the United States. An example of said power would be, President Gerald Ford pardoning Richard Nixon following the Watergate scandal and the President ordering a reprieve or delay in the case of a person on death row until their case can be heard by a higher court. The President also has the power to make Treaties, with Senate approval, and to appoint Ambassadors and Supreme Court Judges, again, with Senate confirmation.
The President's power of commanding the military, executing the law, appointing department heads, appointing and receiving ambassadors, delivering the state of the union address, vetoing bills, calling on congress to meet, making policy recommendations, and appointing judges are the president's expressed powers. These powers are explicitly stated in the constitution. The President's implied powers, powers that are not stated in the constitution but are implied, include entering into foreign treaties, calling upon the military without congresses declaring war, issuing executive orders, serving as the head of state, organizing federal bureaucracy, and using executive privilege.
The President’s power to pardon is nearly unlimited that it cannot be checked by any branch of the government. The President’s power to pardon does not extend to state laws, therefore it cannot be granted to the cases of impeachment. Pardons are intended for people who have atoned for
The 9/11 Commission Report states that "long-term success demands the use of all the elements of national power: diplomacy, intelligence, covert action, law enforcement, economic policy, foreign aid, public diplomacy, and homeland defense."Quantitative numbers will not defeat the terrorists and insurgents; however the objectives of defeating the enemy need to be specific enough so that the public can determine whether the goals are being met. In order to defeat an insurgency one must promote a stronger ideology, value system, and security environment, than the opposition. The 9/11 Commission emphasizes the use of public diplomacy. Defeating insurgents and terrorists is not based on traditional war tactics; it encompasses a national strategic effort that employs all elements of national power.
Although the constitution states the power of the president, it also limits the power. The expressed powers are only the small part of the constitution power. The most important power source, delegated power, is limited by the congress. The Congress has the power to right out bills for the president to vote on it. President has the power to veto the bills, but the congress can override the presidential veto on a law. Also, if President wants to make a change in the constitution, he has to gain support with more than 2/3 of Congress and ¾ of the States. In addition, the Congress has the right to impeachment and remove the president from office. There are some statutes limits the expressed powers of the president. For example, The War Power Act (1973). This law states that the U.S. President have to request the consent of the Congress before send the military forces into
Article two of the constitution is the executive branch, this branch of government gives the power to the President of the United States. However in Article two, the only powers that are specifically designated to the president are The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers, and Consuls, Judges of the Supreme Court, The President shall have the Power to fill up all Vacancies that may happen during
As I mentioned about the U.S President’s powers above, the President is the Commander in Chief of the United States Armed