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.
Based on your interpretation of the course text, explain the framers’ (framers’ of the U.S. Constitution) position on the Presidency:
The Necessary and Proper clause gave congress to make all the laws that should be necessary and proper to carry into execution. (Article 1, Section 8, Clause 18). The Necessary and Proper Clause was also called the elastic clause that gave powers to Congress that were implied in the Constitution. Necessary means required or essential to. Necessary required congress to execute the powers that were granted in the constitution. John Marshall the Chief Justice wrote his opinion to the court stated that the constitution gave congress all the power to make all the laws.
This mainly talks about what powers the President and Vice President have during their time in office. The Article also talks about how the president and the rest of the branch have powers to veto or accept new laws. Framers had to write detailed descriptions for what the President can do, or else one of the President’s could have done what he wanted and made a dictatorship out of our country. But they also trusted each president with power, and they allow them to make new laws in order to better the country.
The Judicial Branch has also exerted is power to check the other branches and keep the balance
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).
Document A: According to Article II of the Constitution, the President has the power to carry out the laws. He officially becomes commander in chief of the Army and Navy of the United States, and of the militia of the several states, allowing him/her to have control over them. The President is responsible for making sure the laws are enforced.
Article ll of the United States Constitution gives the executive branch very broad powers. Many Presidents throughout history have interpreted that differently. They may think that they are able to sign bills into law directly, take military action, etc. One example of this use of power was Abraham Lincoln. We see examples of this in the Emancipation Proclamation and the suspension of habeas corpus.
Article 2 of the Constitution imposes the executive branch of the government. This article of the Constitution defines the Executive Branch, it's powers,
Most of the specifications for the executive branch in the Constitution, other than how he is to be elected, have to deal with the interactions between Congress and the President. The president can (fill in the blank) but only if (this part) of Congress approves. The powers of the president have been interpreted widely so that he has more power than I believe the Framers intended. They wanted him to be able to check Congress with veto power and be the head of the military. However, I think that presidents nowadays have too much power. They are active in trying force their policy agenda through Congress, manage foreign relations, and act as the administrative head of the entire nation. The textbook lays it out well in, "The vast size of the executive branch and the number and complexity of decisions that must be made each day pose a challenge for the White House.” (316) In order to deal with the stresses put on the executive branch, there are thousands of employees that work to give the president the information that he needs to make decisions. He has advisors, cabinet members, legislative liaisons; the list goes on and on, but he is the person who actually gets to make all of the choices. The President is limited in some ways and given more power in other ways by the structure laid out for him in the Constitution, and evolved to be what it is now.
However, some ways the president’s power gets limited includes needing the approval of the Senate for treaties and appointing government officials, not being able to officially declare war, and not being able to make any laws as their own opinion unless they make an executive order. The Constitution gave these powers to the president so the executive branch limits what the Congress can do. For example, if the president does not gain the veto law power, the Congress would force the president to sign all laws passed by the Congress. As a result, the Congress would be similar to the British monarch when they tightened control over the 13 colonies, making laws that only benefits themselves. Article 2 section 2 lists the powers of the president, and how the president gets limited on
This important little detail which the Framers put into the Constitution was to keep the President from becoming as powerful as the then-current monarch in England. One of the main explicit power given to Congress, granted by the Constitution is the Senate has the ability to advise and consent to the ratification of a treaty with a foreign country. This particular explicit power is important for it means the president cannot just, when discussing a treaty with a foreign nation, make a treaty and have it go into effect. This explicit power was given to the Senate to ensure that one, the treaty is aligned with the Constitution, and two, the United States makes treaties with the right countries or in essence, the United States would benefit in some sort of way through the treaty. To further this power, there is the inherent power of being able to give or even refuse diplomatic recognition to other countries, that goes along with it. Combining the explicit and inherent powers, it can make the Congress a force to be reckoned with. However, being able to ratify treaties is not the most important explicit power given to Congress, for the Framers also bestowed the “Necessary and Proper Clause” to Congress. This clause has developed over time to where, when in a time of crisis, the powers of the national government are greatly expanded and all to just ensure that the government will continue on. Very similar to Congress, the Framers also, in fact, gave explicit powers to the president, although, they are far and few
While some would argue that the framers of the Constitution did enough to limit the power of the President because of actions carried out by the leaders of the past, the more valid perspective is that these actions were made based on personal goals, and that judgements on these actions are justified based on opinions—not facts. From this, it can be concluded that the authors of The Constitution of the United States have placed enough rules, regulations, and checks to successfully limit the power of the President. In this modern American world, social and governmental society is continuously developing and evolving over time; important decisions that drive this evolution are made everyday by people of great importance. One of these important
In September 1787, a well written document called the U.S. Constitution was being created by our founding fathers, like George Washington, Alexander Hamilton, James Madison, Thomas Jefferson and others, and was ratified on 1791 in Philadelphia at the Constitutional Convention. The Constitution to was established because our founding fathers wanted to “establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity”, which says the Preamble, for everyone. The Preamble is a statement that is the introduction to the Constitution and was written to explain the purpose of the Constitution. The seven principles of the
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.