...The Preamble to the United Constitution is the introductory portion of the constitution. It has no other function other than that it establishes the fundamental principles upon which the constitution is based. It does not recognize any right. In fact, it was never used as a basis for the recognition of the right. It does not also grant any power on the part of the federal or the state government. In fact, it was never used as a source of authority for the government. However, this does not mean that it is not important. Since the Preamble establishes the guiding principles upon which the United States Constitution was based it can be used as a basis for interpreting vague and doubtful provisions of the United Constitution. The United States Constitution is the primary document which establishes the fundamental powers of government. The United States Constitution distributes the main powers of the government to its three main branches which are the Executive, Legislative and the Judiciary. These three departments perform different functions. In the performance of these functions that are assigned to them, these three departments are the ultimate authority. For instance, the Executive is the sole department that executes the law. The Legislative is the sole department that makes and alters laws. The Judiciary is the sole department that interprets laws. The powers of the government have been conveniently divided to these three departments. This is known as the...
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...There are multiple reasons as to why power has increased so much in the presidency, and why historically the presidents have grown in knowledge. One can find that such a growth in technology and great changes in the country is the reasoning behind such growth and overall change to keep up with modern times. There are also multiple reasons that there has been such an increase in presidential powers. One is that the people of the United States have always expected their chief executives and leaders to address the nation’s problems and to act when needed. The people want their president to take charge in important situations, but they do not want them to receive too much power, so in turn the people look to the other branches of government to...
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...A great president is somebody WHO could be a sturdy leader, makes selections that may amendment the country for the higher, and will what's best for the nice of all the folks. Some folks would contemplate United States President to be an excellent president as a result of he did things like revolutionizing presidential cause, that created him the primary fashionable president, and exploitation his presidential power to veto bills that he saw unfit or harmful. Others would argue that United States President was a terrible president as a result of he enforced Indian removal which he abused his power to veto in a shot to intimidate and take additional management over congress. United States President is currently apprehend for being somewhat of a brain-teaser or contradiction as a result of he did do plenty of excellent for our country however at identical time did issue that might be...
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...of Meyers v. United States and Humphrey’s Executor v. United were both landmark cases dealing with presidential removal power. The Meyers case was a decision ruling that the president has the authority to remove executive branch officials, without the consent of the legislature. The Humphrey’s Executor case ruled the president does not have the power to remove officials who are not under the executive branches power. I believe that these rulings are consistent with presidential authority according to Article II in the Constitution. The President has free and exclusive powers to remove his representatives without the approval of Congress. This can include any high-ranking officers who act on his behalf, ex. Secretary of State, and other executive branch officers who are working in other duties. This absolute removal power was a necessary effect of the Constitution’s 2nd article, which grants to the President total administrative control of those who execute the law....
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...Excessive Use of Signing Statements Ever since the founding of the United States, many changes have occurred within the executive branch of the United States government. One of the roles of which the executive branch has changed is the president’s power of issuing Signing Statements. Signing Statements have been around since the beginning of the U.S. constitution. At first it was seldom used, but as time went by it has become more and more commonly used. A Signing Statement is a form of written pronouncement by the president of the United States before he or she sign a legislation into a law. Most of the time, signing statements were used for commenting on the legislation on how it was good and how it was beneficial. It became controversial over time as many signing statements involve presidents ignoring some part of the presented legislation and make it better by what he or she thinks is constitutional. Some people say that the president is limited to the right to veto the legislation as shown under Article I, section 7 in the constitution or to “faithfully execute” the laws under Article II, section 3 of the Constitution. It is in theory that other government executives are capable of issuing signing statements, but no records show another person other than the president doing so. The initial use of the signing statement can be traced back to the fifth president of the United States. The first president to issue a signing statement was James Monroe. James Monroe didn’t...
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...Executive Power and the Constitution Michael Gray HIS 303: The American Constitution Professor Ginger Jarvis November 29, 2012 Executive Power and the Constitution “The Constitution has never greatly bothered any wartime president,” wrote Francis Biddle, Attorney General during World War II, in his memoirs (Smith, 1999, pg.24). Biddle’s comment was in reflection on President Franklin Delano Roosevelt’s decision to relocate Japanese-Americans. An examination of American history reveals the Constitution does not appear to bother president during periods of national survival. In fact, Presidents seize crisis in domestic and foreign affairs as the opportunity to expand executive power. This paper provides a brief history on powers in the Constitution, examines use of executive power in domestic and foreign affairs, and concludes with an argument on how the issue should be interpreted. Framers of the Constitution believed separation of powers and a system of checks and balances would keep one branch of government from having more power then the others. Noah Feldman (2006) writes “nothing is more basic to the operation of a constitutional government than the way it allocates power” (Our Presidential Era, para.2). Constitutional Framers created three separate branches of government independent of each other. According to Cornell University Law School (2012), the first three articles of the “Constitution outlines the branches of the U.S. Government...
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...longstanding organization in place in the United States of America that was originally established by the Founding Fathers in create equality in presidential elections has become a topic of harsh criticism and controversy over the years. The Electoral College was established by the Founding Fathers of the United States at the Constitutional Convention of 1787 in order ensure there was representation of the people while keeping the best interests of the nation in mind (“What is the Electoral College?”). At the time of the writing of the Constitution, there were two main ideas on how to elect a president. The first was that there should be a simple vote of all eligible people and who ever gets the most votes becomes...
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... Title: Parliamentary: A Good Form of Government II. Abstract HYPOTHESIS 1. What is Parliamentary Government? 2. What are the types of Parliamentary Government? 3. What are the advantages and disadvantages of Parliamentary System? 4. What countries are implementing Parliamentary System? 5. What is the difference between Parliamentary System and Presidential System? OBJECTIVES * To point out the good sides of the Parliamentary system. * To discuss the process of legislation of the Parliamentary Government. * To tackle the important topic about Parliamentary system. * To form a good information to the readers about the essence of Parliamentary system. SIGNIFICANCE * This term paper gives information to the reader about the system of Parliamentary Government. * This paper will benefit the ones who search information about the essence of Parliamentary system. III. Introduction Parliament, (from Old French: parlement; Latin: parliamentum) the original legislative assembly of England, Scotland, or Ireland and successively of Great Britain and the United Kingdom; legislatures in some countries that were once British colonies are also known as parliaments. The British Parliament, often referred to as the “Mother of Parliaments,” consists of the sovereign, the House of Lords, and the House of Commons. Originally meaning a talk, the word was used in the 13th century to describe after-dinner discussions between monks in their...
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... 2011 US Politics POLISCI 101.08 Theories of Presidential Power Under Article II of the Constitution When first researching the topic for this paper, I found many interesting theories about implied presidential powers. There are many people out there with interesting theories, but I will summarize only three that I found fascinating to me. The first is a theory by Richard Neustadt who believes that Presidents have the power to persuade. The next, a theory by Samuel Kernell, theorizes the presidential powers in terms of “going pubic.” The last theory I will summarize, a theory by Stephen Skowronek, theorizes the president’s implied powers in terms of political time. Richard Neustadt’s theory of power to persuade is an interesting one. His theory serves as one of the most documented well-known theories of presidential power. As well as being a political scientist, he also served as an advisor for many United States Presidents. In his theory, he states that presidents cannot lead directly. If they really want something done, they cannot do it by themselves the power of the United States government is vastly dispersed and the president cannot, by himself, command and receive. Its much more complicated than that. Other levels of government have different constituencies and different sources of power and interest. The president is one individual and needs others to get things done. Neustadt states that presidential power is a “function of his or her ability to persuade relevant...
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...judiciary government i.e. Supreme Court. The Constitution of the United States of America went into effect in 1789 and is in effect since. The powers of the President are as mentioned by Article II of the constitution. Even though the constitution itself has not changed and the powers of the President remain the same as vested by the constitution, there has been a great difference between the powers exercised by the first President; George Washington and the current President; Barack Obama. First, the powers of the President bestowed by the Constitution will be reviewed. Then a comparison of the powers exercised by George Washington and Barack Obama will be discussed. Presidential Powers according to the Constitution American politics is now dominated by the President. But the president does not govern the country. The government of America is composed of coordination of executive, legislative and judiciary bodies. The President should accept and recognize the legitimate powers of the senators and representatives for the usual day to day works. The following powers are given to the President by the Constitution: * The power to appoint members of Cabinet, ambassadors, Judges of Federal Courts and Justices of Supreme Courts (after consulting the Senate). * Power to veto bills formulated by the Congress. * Power to make treaties with other nations with the consent of two-thirds of the Senate. * Power to grant pardons and reprieves. * He is the commander in chief...
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...Presidential elections occur every 4 years, which allows United States citizens to vote for the next person who they want to run the United States. There are two ways in which United States citizens can vote for a president, either by popular vote, or electoral college vote. The next president of the United States is the candidate who “...wins 270 electoral college votes…”, but most people believe that the next president should be the candidate who wins the popular vote. Presidential elections like the 1824, 1876, 1888, 2000, and 2016 elections shows that candidates are able to become president if they win enough electoral college vote, but they don’t win the popular vote. The current Electoral College vote doesn’t show the true feelings of United...
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...connection with a biased media and what effect it has on presidential candidates running for office in the United States of America. Being done so by looking at examples of media playing a factor on past presidential candidates. Through examination of past and current events of media effecting presidential candidates, the goal is to draw a connection making it clear that private interest creates a biased media effecting presidential candidates. Through showing what effect media has on presidential candidates, the research that will be conducted in this paper will emphasize and make aware the public that the media has its own...
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...United States of America has always been on the forefront in the fight for gender parity,but it beats logic that despite of being an instrument for change no woman has made it to ovalhouse. Among the many people who keep a keen eye on the United States of America developments in the fight for woman right,i still can't seem to understand the reason why they have not been able demonstrate this gender parity in their on backyard. After a thorough annalysis of various presidential races in the United States of America i have come to some findings as to why the states has never had a female president. Until 1920 the United States of America did not allow the women folk to vote. This has had a very negative effect on the voting behaviour of the women in United States , since it is soo difficult to get such women to vote when the historical society has made it...
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...new nation under a written Constitution, the Framers of the United States had a vision of a republic that shared the balance of governance within a three branch system; each designed to organize a balance of power whereby Constitutional division of powers provide each branch the means to frustrate the goals favored by a single branch; in an attempt to promote interbranch cooperation. The Framers had extreme distrust in a large national government and especially in the case of executive power due to the events that led to the Revolutionary War. However, by the time the Constitutional Convention, most of the Framers were convinced of the need for a strong and independent executive at the national level. They also took steps to ensure the executive position could act with the necessary decisiveness and dispatch, most importantly the President was granted extensive powers, primarily the enumerated powers found in Article II of the Constitution. Despite the absence of a written provision of separation of powers in the Constitution, the Framers believed the principle to be implicit within the structure of government under the document. As John Marshall stated the framers sought to create a Constitution “intended to endure for ages to come and consequently to be adapted to the various crises of human affairs”. The ideas within the Constitution are seemingly designed to create perfect harmony, however, conflict and power struggles are as age old as the Constitution itself. Within...
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...has the power to reject nominations made by the President. Congress also has the power to amend, delay or reject the president’s legislative proposals. As well as this limitation, there are many checks and balances put in place by Congress to limit the power of the president including: the power to override the president’s veto the power to amend budgetary requests through the power of the purse and impeach and try the president with possible removal from office if found guilty. However, it is an issue today that although Congress have these powers, there are not effective checks put on the president’s power today. The Supreme Court can declare the actions of any member of the executive branch, including the president, to be unconstitutional. For example, Youngstown Sheet and Tube Co. v. Sawyer (The Steel Seizure Case) was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the United States Constitution or statutory authority conferred on him by Congress. Also, in Rasul v Bush the Supreme Court ruled that the detainees at Guantanamo Bay did have access to the federal courts to challenge their detention, therefore striking down the Bush administration’s legal policy regarding the war on terror. These cases prove the constitutional limits on presidential power and that there are effective checks on presidential power. Public...
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