The President Can Make Federal Law On A Matter Via Executive Order

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 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.

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 system of Checks and Balances is broken in many ways. For instance the President had the power to make executive orders that aren’t laws but have the power of one. The president has the power to make an order and an example is order number 9066 which stated, “Presidential order signed by Franklin D. Roosevelt, which authorized the

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.

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.

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.

For each of the congressional powers below, explain one way that presidential decision-making is affected by that power.

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.

While there are many benefits of an executive order, the President should not be able to use them as it is overstepping their boundaries with Congress. They serve as a way for the President to abuse his power and they go against what is stated in the Preamble of the Constitution, deeming them unconstitutional.

The powers of the president have long been debated in our country, starting at the founding and continuing to now. How much power should the president be given? How much is too much power? All these questions have been explored numerous times by numerous people. In our Constitution, the President is given expressed, inherent, and delegated powers. These powers have been used by Presidents in many different ways. The study of the way Presidents use these powers is explored in the book by Richard Neustadt: “Presidential Power and the Modern Presidents: The Politics of Leadership from Roosevelt to Reagan”. Neustadt discusses how modern presidents wield

Especially with a divided government, and even without, the president is challenged to gain the support of Congress (Heffernan, 2005:59). While the President is responsible for carrying out the law and can even issue executive orders ultimately Congress hold the purse strings. Without the budgetary support of Congress the President’s agenda will not be fulfilled. Treaties and all appointments from cabinet officials to Supreme Court justices have to be approved by Congress, specifically the Senate. “As a result, the White House is engaged in a constant process of persuasion” (Heffernan,

The president and congress could agree on a law, but the supreme court can rule it unconstitutional.

Although nowhere in the Constitution are executive orders explicitly mentioned, Article II, Section I states that “The executive Power shall be vested in a President of the United States of America.” The President’s power to issue executive orders comes from the Constitution and Congress. Executive orders have the full force of law when they take authority from a legislative power, which grants its power directly to the executive by the Constitution; executive orders do not require congressional approval. Similar to legislative statutes and regulations propagated by government agencies, executive orders are subject to judicial review, meaning that they can be struck down if deemed unconstitutional by the courts. Executive orders are not to be confused with executive agreements. Executive order carries out constitutional powers of the President without having to go through Congress. An executive agreement is an agreement with foreign heads of state concluded by Presidents under their power as Commander in Chief and their general authority in foreign affairs; executive agreements do not require ratification by the Senate. Examples of executive agreements include trade deals and military actions.

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.