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Presidential Powers Essay

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James Chamberlain Martin Goch Section 002 An Analysis of Some Aspects of Presidential Powers regarding Immigrations and the Plenary Doctrine thereof Introduction This paper will attempt to answer some questions regarding the recent executive order from President Trump, more specifically Protecting The Nation From Foreign Terrorist Entry Into the United States (Exec. Order No. 13769, 82 F.R. 8977 (Jan. 2017). This entire bill is no doubt controversial, especially certain passages “American voters oppose 51 - 46 percent President Donald Trump's order suspending for 90 days all travel to the U.S. from seven nations according to a Quinnipiac University national poll released today” (Quinnipiac). It is clear that at least some parts of this bill…show more content…
While the passage if it was the only which stood poses no issues and grants the president a great set of authorities, it is not a guarantee of immunity for the president. In support of the belief that a law, while helping the president does not leave him outside the range of opposition and criticism Linda Greenhouse in her book U.S. Supreme Court- A Very Short Introduction quotes Justice Robert H. Jackson who says, “ ‘a somewhat over-simplified grouping of practical situations in which a resident may doubt, or others may challenge, his powers.” the first of which being “When the president acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate.’ ” (Greenhouse 86). This statement is a somewhat contradictory one, and it points to the fact that no one single thing can decide what a president’s powers are but a combination of public opinion, congressional laws, and constitutional powers. This is also the scenario that Donald Trump is in, he has used some powers which are constitutional to him and some that are given by congress. However, while each congressional approval or law that strengthens one side of his powers, it simultaneously leaves them more open to scrutiny and error because the powers are an extrapolation rather than a more clearly defined constitutional
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