A point of contention between Congress and the Presidency due to omission in the Constitution is that of the President withholding information from Congress. There is no mention of the right of presidents to withhold information from Congress known as Executive Privilege. Scholars believe that because there is no mention of this that the privilege does not exist and that congress’ power is absolute. I don’t think anyone would question that presidents and their staff need to have some secrecy and that these executive level decision makers should be able to make decisions in private and speak freely and without fear that their conversations would ever be made public. Recently, in 2011, tensions ran high between between President Bush and
The main breaking point between the President and Congress was in the Vietnam war. This war sparked a debate on who has the right to declare war, and who has the right to only send advisory troops. Only Congress has the right to declare war, the President can only send advisory troops to other countries. This is a very controversial topic because many people think that the President can declare war, but they have to ask the Congress first. Another convincing reason on why Congress is more powerful that the President is the fact that Congress can make laws and the President has no say. Laws are the outline of America, and they are the only thing keeping crime from all streets in all states across America. Those are only two reasons why Congress is more important to America than the President. All of these powers are stated in Article 1 of the Constitution and the powers of the President are listed in Article 2 of the Constitution. Some people still disagree, though, they think that the President has more rights than
The president is the foreign policy leader for the United States with an important political, military and economic role in the international arena. If there is collision between the president and congress, can congress restrain the president in foreign policy making?
The relationship between the president and Congress has changed drastically in the past two hundred years. The framers of the constitution did not want an executive power in charge of the whole country in fear of it turning into a monarchy. They knew they needed a leader for America though. The framers did not want political parties. “Political parties established after Washington left the presidency” (Mandate). The relationship between Congress and the president changed in a very visible way. In the past, the president would meet to discuss issues with Congress, but that is not how it is today. Also the president would have to go through congress to pass a bill or an amendment, but presidents found a way around going through congress. The president can sign a bill without congress’s approval. For example, president Abraham Lincoln. Lincoln wanted to pass an amendment that would end slavery but Congress said no. Lincoln then did what the people wanted and signed the emancipation proclamation anyways to end slavery. Also known as the thirteenth amendment. Some presidents even put the people in power.
The president is the leader of the executive branch. We can’t fully understand what the president is capable of unless we recall that he is held primarily accountable for, the ethics, loyalty, efficiency, and responsiveness to the american whishes. Both the congress and the constitution gave power to the president and rely solely on him to guide
The views of the presidency by the first sixteen presidents varied widely but all of their actions set precedents for their successors to use, expand, or even curtail the power of the office. Some believed in the Whig theory of strict adherence to the constitution, while others believed the president was the steward of the people with a loose interpretation of it. The power of the office expanded through the years, however it only expanded as far as the public and congress allowed.
Executive Privilege is a constitutional principle that allows presidents and/or high level executive branch officers to withhold information from the courts,
Throughout American history, after the establishment of the U.S. Constitution, the validity of executive privilege has been questioned in federal courts and among legal scholars on countless occasions. According to Merriam-Webster, executive privilege entails, “exemption from legally enforced disclosure of communications within the executive branch of government when such disclosure would adversely affect the functions and decision-making processes of the executive branch” (Merriam-Webster). In other words, executive privilege is the notion that the President is exempt from having to give evidence or disclose information to congressional hearings or to judicial inquiries. Executive privilege also typically includes immunity from legal disputes involving the presidency. Although not officially referred to as “executive privilege” until Eisenhower’s presidency, the first argument of executive privilege or immunity took place during George Washington’s presidency (The Constitution and Executive Privilege). Claiming executive privilege has been a common occurrence throughout all U.S. presidencies and continuing with President Obama. Those who argue against the legitimacy of executive privilege use the reasoning that it is not constitutional because it is not explicitly mentioned in the Constitution and interrupts the separation of powers. On the other hand, many legal scholars assert that executive privilege is necessary for
In the past, the power of executive privilege has been used by Presidents to conceal information that has to do with foreign affairs and negotiations, military, national security issues as well as deliberations and policy making that is done between the President and his top aides. This power is only used when Congress asks the President or one of his top aides to produce all of the information pertaining to an event or situation. If the President then feels that parts of this information needs to be kept secret to protect the best interest of the public, or the other issues listed previously, then he will use executive privilege in order
Congress has many functions to keep it working and functioning. They do many things to make laws, make sure they’re fair, and much more. There are also many committees with important jobs. There are many things that influence congressional elections such as reapportionment, redistricting, much more. There are many people who make up the House and Senate and they have many important jobs to keep things running smoothly.
Key information regarding national legislation and federal policy rests almost exclusively with the executive branch, and executive officials have little to no incentive to disclose such information. Members of the executive branch, including the president, will often withhold certain information from Congress, the courts, and the public for the following reasons: to protect national security, to maintain an “openness” within the executive branch, to preserve personal privacy exclusive of public gain, and to maintain the confidentiality of criminal investigations (Collins). For these reasons, claims of executive privilege are often highly controversial as they
The Power and Significance of Congress Firstly it is important to look at the power and significance of congress as a legislative body. This includes the creation of law, and the scrutiny of the executive. Because the US federal system is ruled by 'separation of powers', it is important that the legislative - congress - acts as a good check and restraint on the executive - the president.
When a president is sworn into office, he or she takes on a multitude of titles. One of the many titles the president is issued is the role of Chief in Legislator. This means that the president plays a crucial part in the legislative process or lawmaking. This title holds much authority in the eyes of Americans (Hoffman & Howard, 1317). Though this title does not give the president absolute authority, it does grant him or her strong jurisdiction in the legislature. The framers of the Constitution did not want America to be a monarchy the way they were when under the rule of England. As a result, the framers purposefully outlined the president’s limited power in the constitution, creating a democratic
Most individuals with a general background knowledge of the United States Federal Government system are aware that in order for a bill to become a law, it must first pass a majority vote in Congress. There is, however, a very important step in the legislative process that sometimes goes unnoticed. The committee system of the legislation process ensures that the appropriate attention is given to each bill introduced to Congress. Each member of both chambers are assigned to committees and subcommittees, and are expected to become subject matter experts in their respective roles as committee members.
The Role of the Senate and House of Representatives The Congress of the United States consists of the Senate and the House of Representatives which means the USA is bi-cambial. The Congress of the United States was created by Article I, Section 1, of the Constitution, adopted by the Constitutional Convention on September 17, 1787. The Senate is composed of 100 Members, 2 from each State, who are elected to serve for a term of 6 years.
Congress has helped develop the Presidency as we know it today. This is because Congress argues over proposals and legislation proposed by the President. They are a major determent in whether bills turn into laws. But it’s not easy. One reason for this is because there are many powerful groups out there who argue about what should be discussed such as air pollution with the EPA or jobs.