“This presidential power is controversial because it is nowhere mentioned in the U.S. Constitution”(Rozell). The President, since the beginning, has gained powers not specifically enumerated, increasing the power of the executive branch. Over the course of history the President has assumed many powers unlisted in the Constitution including the line item veto, executive privilege, and executive order which have all impacted the President’s relationship with Congress.
The line item veto was used very briefly during the Clinton administration before it was later declared unconstitutional, though it was wanted by many other administrations. The line item veto is defined as,“A special form of veto in which the chief executive has the right to prevent particular provisions of a bill enacted by a legislative assembly from becoming law without having to kill all the other parts of the bill at the same time”(Johnson). An example of the president using the line item veto is Bill Clinton, which vetoed part of the Balanced Budget Act which,”relinquished the Federal Government's ability to recoup nearly $2.6 billion in taxes levied against Medicaid providers”("Clinton v. City of New York."). The line item veto was then declared unconstitutional because of the President's ability to “amend” legislation that was already passed by both houses of congress, and declared that the President must totally reject or accept a bill. One major challenge towards the line item veto is that
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.
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.
If the bill is vetoed, the president can then make changes to the bill that he or she sees necessary and then send it back to congress for reassessment. The framers of the constitution created a legislative process that required each branch to contribute to the legislative process. As a result, a vetoed bill must go through congress and the legislative process again. The bill must also receive, at minimum, two thirds votes from the House of Representatives and the Senate before it can become an official law. Finally, if the president does not sign nor veto a bill for ten days, excluding Sundays, it will automatically become a law. However, in certain circumstances, the president can use a pocket veto. A pocket veto may only be used on a bill that is proposed within the last ten days of the presidency. When a pocket veto is used, the president does not sign or veto the bill. Rather, after ten days of no action, the bill is automatically rejected. As Chief in Legislature, the president, in a sense, has the last word in the legislative process.
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 American presidency has changed drastically throughout the years. Modern presidents’ authority has expanded dramatically comparing to the past when the Founding Fathers set out the guidelines and expectations. The presidents no longer play a passive role, but actively act on their growing power. Even though modern presidential authority does not evolve in the same manner that Hamilton anticipates in Federalist Paper no. 73, his discussion of the president’s veto power is relevant and partially correct today. Hamilton expresses his concern regarding the distribution of power between the branches, thus he defends the executive veto power and its importance in the checks and balances system. The veto system in contemporary politics functions
The framers experienced the abuse of the English monarchs and their colonial governors. As a result, the framers were skeptical of the excessive executive authority. Furthermore, they also feared excessive legislative powers. This was something that the Articles of Confederation had given their own state legislatures. The framers of the constitution deliberately fragmented power between the national government, the states, and among the executive legislative and judicial branches. The framers of the United States Constitution incorporated a system of separation of powers. They divided the legislative powers between the President and the Congress. The separation of powers authorized the President with the veto power. The veto power is found in the Constitution in Article one, section seven. Only two-thirds of the majority of both chambers to override the president’s veto. Secondly, the president is expected to set the national agenda. This happens before the decline in popularity. The President is focused on legacy rather than on re-election. They want a policy that is good and lasting. Unfortunately, the framers did not intend for the President to set Congressional policy agenda. Only in the times of crisis is the President to act, or call Congress into session. This power is stated in Article two section three of the Constitution. In
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.
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.
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
The infamous presidential veto power is an example of a“reactive” (Carey, 2) power gifted to the president. When—and if— Congress finally agree and pass a piece of legislation through their retrospective chambers, the president has the power to veto it and render it invalid. The constitution outlines this power in Article I, Section 8. The use of the presidential veto is the most significant authority to prevent legislation from passing. On the other hand, Congress has the opportunity to overturn a presidential veto.
The basic parameters that govern the president’s relationship with Congress was set within the Constitution. In order for the two branches to accomplish their duties, they must collaborate effectively and actively. After all, Congress is responsible for making the laws, and the president is responsible for enforcing the laws in which Congress makes. Not only do president enforce laws, but they also have the capacity to veto bills before they become law, as well as suggest legislative programs they finds necessary and expedient (Nelson 418). Likewise, the Constitution requires Congress and the president to work together if their shared powers are to be exercised (examples: Congress declares war, president commander-in-chief; the President nominates Supreme Court Judge, Congress approves).
This is very different than the rest. According to Johnson, a line-item veto gives chief executives “the right to prevent particular provisions of a bill enacted by a legislative assembly from becoming law without having to kill all the other parts of the bill at the same time,” (Mitchell 2005). Many state governors have the right to use a line-item veto. For example, if a budget bill passes through a state’s legislature, the governor has the ability to pick and choose parts of it. Moreover, why is it that state governors have the right to this type of veto and Presidents do not? Presidents such as Reagan, Nixon, and Clinton have endorsed this idea using line-item vetoes. Conversely, the Supreme Court ruled in 1998, that presidential line-item veto powers are unconstitutional (Johnson 2005). Nevertheless, members of Congress believe that giving the President line-item veto power would enable too much power in the position of president. Regardless, line-item vetoes remains an important tool at the state government
Presidents of the United States of America have been around since the country became it’s own. Each president is given certain responsibilities and rights. Presidential power is listed in the Constitution but since then, there’s been room for more responsibilities to come into play. The powers exercised in the modern world surpass those included in the Constitution. Today, the president has a number of offices and departments serving under him. These institutions help keep the government together and everything running smoothly. The presidents rely on a number of other things. Some include elections, political parties, interest groups, the media, and public opinion. There are different kinds of powers granted to the president. While some
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.