Analysis Of Necessity Knows No Law

The concept of power is a divisive matter in the American political system, as the actors holding it are sometimes unable to impose it as a result of their limited authority to do so. The legislative, executive, and judicial branches in the national government depend on each-others point of view. Part of the Constitution was designed with the purpose of making it impossible for either of these three to become more powerful than the others. Each of them has the ability to check and balance the way that the other two function. In spite of the fact that this system was created with the intention of preventing power from being shared unequally in the country, it sometimes serves as a tool for political gridlock, considering that the judicial branches can debate in regard to a particular topic for unlimited amounts of time before actually reaching a conclusion regarding the respective issue.

The government of the United States of America has been around for over 2 centuries, in this time the original setup has been little altered. The government is composed of three individual branches: judicial, executive, and legislative branches. All three branches are held together using a system of checks and balances. While each branch has some kind of trump or has control over another branch, some branches are arguably more powerful than others. The main focus of this paper will be on where the executive branch stands power-wise. When our founding fathers first started building our nation from the dust, they had in mind a system of branches where no one branch was more powerful than the others. The decision of whether or not they hit

“When war is thrust upon the nation, the President had not only the authority but the responsibility to ‘resist force by force.’” –U.S. Supreme Court ruling of the Prize Cases, 1862 (67 U.S. 6335).

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

Moe and Howell point out that the Founders of the Constitution had agreed on an incomplete contract that does not explicitly state what decisions should be made under all current and future contingencies, but builds a governing structure consisting of the president, Congress, and the courts. It also shares powers among them, specifies procedures for public decision-making, and offers a framework of rules that allows leaders to make public decisions as well as handle any contingencies that may come up. The authors then explain that the three branches would fight with each other

One of the most important principles incorporated in the U.S. Constitution is separation of powers. The U.S. Constitution divided the central government into three branches and created a system of checks and balances as a way to prevent the concentration of power. “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” In order to be sure that the main

Over 200 years ago the United States’ Founding Fathers created a unique system of government that allowed a balance to exist between both the federal government and the separate state governments. Through the three branches of government, specifically the executive and legislative branches, the United States has been able to act as a unified body with several varying individual parts. With the executive branch and the legislative branch each having outlined powers of their own the Founders were able to equally balance the power of the national government and the state governments. Although this system has managed to stay in tact for two centuries and has allowed the United States of America to become a dominate player in international affairs, there has consistently been a battle of power between the president in the executive branch and the two houses of congress in the legislative branch. As the United States continues to evolve and face multiple obstacles, so does the relationship between these two branches.

Nearly the late year of 1787, the U.S. Constitution was established, stating the basal laws and fundamental principles that the United States would be governed by. Many philosophers and political thinkers furnished a great comprehension for the modern day structures that are very active today. Our Founding Fathers created a system which divides different acts of government into the legislature, executive, and judicial branches. Following in the form of the Separation of Powers, the checks and balances system ensures that political power isn’t contributing to any individual or group that enables them to gain an abundant amount of power. For the instance of this, “the Constitution provides a method for change, as the Founders created it this

American politics is often defined by a continuing power conflict between the executive and the legislative branches of the government. This struggle for political power between the two stronger branches of the three is inherent in the Constitution, itself. The concepts of separation of powers and checks and balances ensure that the branches of government will remain in conflict and provide a balance that keeps the entire government under control. As it was first established, the executive branch was much smaller and weaker than as we know it today. Consequently, the legislative branch was unquestionably dominant. Over the course of history, the executive branch grew in both size and power to the point where it occasionally overtook the

The Constitution is supposed to divide war powers between the president and Congress, but in today’s society that has not always been the case. We live in a country with competing views, but our Constitution was created through disagreement. While the Constitution is a source of cherished and unifying political ideas, it can provoke some of the most intense quarrels because of its principles and protections. It is also debated and applied to present circumstances daily. To get back to the presidential power argument, President Barack Obama sent United States military into combat without the consent from Congress. “As a presidential candidate in 2007, Senator Obama stated, “The President does not have power under the constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation” (Yoo). President Barack Obama announced four years later, that he was acting on his constitutional authority to conduct U.S. foreign relations as the commander in chief/chief executive by the intervention with Libya. Throughout our history, neither presidents nor Congress have carried out the beliefs that the constitution requires a declaration of war before the U.S can allow for the military to act. “We have forced abroad more than 100 times but declared war in only five cases: The War of 1812, the

Congress passed the War Powers Act that acknowledges the presidential right to take limited military action before receiving congressional approval, but requires him to file a formal report with Congress within forty-eight hours of initiating hostilities. The use of military action is limited to sixty days without congressional approval. An additional thirty days can be granted if it is necessary to withdraw the troops.

The constitution was established by men who had experienced the dictatorships of Europe and had escaped from its grasp. They sought to establish a form of government that would never allow a dictatorship or tyrant ruler to hold power over the people like in the places they had fled. With their creation of the foundation of what our government is today they created a system where 3 branches were all of equal power and each could be overruled by another which prevented any branch becoming superior of another. The separation of powers provides a system of shared power called Checks and Balances.(2) The three branches are legislative, judicial and executive and they each have specific powers to

In the initial years of the United States a meeting of delegates appointed by the several states met for the sole purpose of revising the Articles of Confederation. The result of this meeting was the creation of the U.S. Constitution that would soon become the ultimate directive for both Federal and State Governments. Since its birth it has been revised, amended, and ratified in order to solidify the allocation of power between the separate branches of government. Although this may be the case, distribution of the powers has been disputed ever since the formation of the Constitution. These political, legal, and quasi-legal constitutional disputes triggered civil unrest and led to explicit acts of opposition involving nullification and

The Constitution was designed to enforce the regulation of power between the three branches of government. Though there were many clauses stating the powers of the branches of government, it was often unclear of the original intent they were meant to serve. One of these blurred clauses is stated in Article 1, Section 8, Clause 3 of the constitution.

Presidential power has increased immensely over recent years and little is being done in an attempt to restore the original intent of the Constitution. There are multiple factors that affect this, including the executive orders of presidents, the Constitution giving an unequal distribution of power between the executive and legislative branch, the failure to use checks and balances, and the ineffectiveness of Congress. With the lack of congressional involvement in legislative decisions, the president has the ability to take matters in their own hands.