Executive Orders And Their Constitutionality Essay

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.

Executive power is vested in the office of the President of the United States. The President has the dual role of being the chief of state and the head of government. The President is also commander in chief of the armed forces. He issues executive orders, and appoints Supreme Court justices (with senate approval). The president is also called "the chief legislator" because he indirectly proposes many bills, considers all bills from Congress and signs them into law or vetoes them.

Executive order is a rule or order issued by the president to an executive branch of the government and having the force of law. Executive Order (EOs) were used since President George Washington but were not mandated to be publicly released until 1900. To date, there have been thirteen thousand eight hundred and seven executive orders. Many argue that these orders are unconstitutional as it gives one-person authority to make changes without consequences and without the consent of Congress. The term executive order is not a principle found within the Constitution. EO is derived from Article II, Section I of the Constitution in which it states, “the executive Power shall be vested in a President of the United States of America”. The term executive power was never defined, leaving it open to the interpretation of each president. That statement coupled with Article II, Section III “he shall take Care that the Laws be faithfully executed” has been the backbone of how presidents have been able to create these orders.

The powers executive has are being able to veto, or reject, a proposal for a law, and appoint federal posts. The executive branch has power, but it, as well as the others, has to be limited. The president has the power to make appointments, including to the Supreme Court, but his choices must be approved by the Senate, which leaves him not as powerful as it may seem.

Congressional authorization is the ability to empower and allocate funds, which supports Congress with an effective tool for omission and authority of intelligence activities. Congress is expected to have more power than the President and the Supreme Court. Its powers are also known to be Constitutional as well as evolutionary (ushistory). After the Senate as well as the House of Representatives approves a bill or proposed law, it then becomes an actual law. These two houses also share other powers, that involve coin money, the power to declare war, establishing rules of naturalization as well as immigration, raise an army and a navy, regulate commerce, and set up the federal courts along with their jurisdictions (ushistory). Although Presidents can have authority to act without Congressional authorization when necessary for the nations security, it would be better if they did seek Congressional authorization before acting or making any important decision regarding the nations security, in order to preserve Constitutional checks and balances, as well as make the right decisions and protect the President politically.

A presidential executive order is an instruction issued by the President of the United States in exercising the constitutional authority vested in him to pass executive orders. This authority is derived from Article II, Section 1 of the Constitution of the United States of America, which means the presidential executive order has the power to become a law. Presidents have been mostly using presidential executive orders to issue directives in regard to managing the ways in which the federal government functions. Thus, presidents usually issue executive orders for the purpose of changing or improving the operations of the executive branch and federal agencies and to execute constitutional or statutory presidential duties and tasks. It is in

The President may not declare war, but he may deploy soldiers. He may require in writing the opinions of any of the heads of state departments as it relates to their respective offices. The President also has the power to grant reprieves and pardons for offenses against the U.S., except in cases of impeachment. The President also has the power to make treaties with foreign powers provided the Senate has consented by a two-thirds majority. He may also appoint ambassadors, ministers, consuls, judges of the Supreme Court, and other officers with the advice and consent of the Senate. The President also has the power to fill vacancies in the Senate temporarily. On extraordinary occasions, the President may convene or temporarily adjourn either or both legislative houses in the interest of resolving disputes. The President is also charged with meeting with ambassadors and other public representatives. The President can also be impeached for treason, bribery, or other high crimes or misdemeanors. With the presidential powers now outlined, let us explore the opposing opinions of each presidential power(Colonies of Nations, 549-553).

The president has the power to sign bills into laws. The president also has the power to veto laws and send them back to the house. If a disagreement between the house and executive branch, the president has the authority. The president may also appoint or remove justices from their seats if needed.

Executive - Mainly used by the President, this power enforces the law. This power also grants the ability to veto the proposal for a law, appoint federal posts, negotiate foreign treaties, appoint federal judges, and grant pardons for a crime.

The President may create presidential orders. These are orders set by the president that have the force of law. With this ability, the President has the power to enforce whatever they like, as long as it is constitutional. As seen in document five (5), presidential orders can have both positive and negative effects. Order 9066 hurt many US citizens and created conflict within our nation while orders 9981 and 10730 help put an end to segregation within the very same people.

The president also has the power Veto laws passed by congress. The president has the power to make political appointment and negotiate treaties with foreign countries, however this power also requires the approval of the senate. The President is responsible for making a for appointing his cabinet and federal judges. The president is capable of calling congress in session and the power to adjourn congress.

During the Writing of the United States Constitution, the Framers wanted a new government, but NOT a king. They split up the Government into three branches, the Executive, Legislative, and Judicial branches. The Executive branch is run by the president. The Framers wanted the president to have power, but not too much power where he converts into a king. The Frames decided to allow him to give executive orders over laws.

The president also has the power of assigning the federal judges, and when to call Congress into session. Likewise, the president has the power to either sign or veto a piece of legislation from Congress.

Throughout the course of American history, executive power has grown due to the increasing use of executive orders among presidents. Executive orders, also known as unilateral powers, allow a president to act on their own and overstep the process of a bill passing through the House and the Senate. As an

One of the greatest debates in the short history of the United States was over the proposed Constitution and did not solely take place inside the walls of the Constitutional convention. Throughout our great nation many individuals from different class levels and occupations became involved in the question over the new plan of government. Many views were expressed through the distribution of pamphlets, sermons, and the release of newspaper essays to sway citizens on the changes proposed. Authors expressed views ranging from the complete acceptance, conditional acceptance based on particular amendments, to the flat rejection of the Constitution. The ratification of the Constitution became the