... 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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...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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...The Constitution and Government Structure During 1992-93 Yeltsin had argued that the existing, heavily amended 1978 constitution of Russia was obsolete and self-contradictory and that Russia required a new constitution granting the president greater power. This assertion led to the submission and advocacy of rival constitutional drafts drawn up by the legislative and executive branches. The parliament's failure to endorse a compromise was an important factor in Yeltsin's dissolution of the body in September 1993. Yeltsin then used his presidential powers to form a sympathetic constitutional assembly, which quickly produced a draft constitution providing for a strong executive, and to shape the outcome of the December 1993 referendum on Russia's new basic law. The referendum vote resulted in approval by 58.4 percent of Russia's registered voters. The announced 54.8 percent turnout met the requirement that at least 50 percent of registered voters participate in the referendum. The 1993 constitution declares Russia a democratic, federative, law-based state with a republican form of government. State power is divided among the legislative, executive, and judicial branches. Diversity of ideologies and religions is sanctioned, and a state or compulsory ideology may not be adopted. The right to a multiparty political system is upheld. The content of laws must be made public before they take effect, and they must be formulated in accordance with international law and principles. Russian...
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...legislative and 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...
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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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...political power shift from the Institutional Revolutionary Party (PRI) to PAN. In 2012, Mexico’s political power shifted back to PRI after PAN had taken office for two recurring presidential...
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...Imperial Presidency. An Imperial Presidency is one that is developed through an over expansion of the powers of the president. An Imperial Presidency is a presidency where the balance of power is shifted towards the Executive Branch. The Presidents have used such tools as the constitution, media and pop culture, monetary freedom, and committees and executive orders to expand the presidential powers. Presidents George W. Bush and Barrack H. Obama have utilized these tools to further their agendas over stepping their constitutional boundaries, congress and the people of the United States. There are many ramifications that come with the expansion of the presidential power. The Constitution, executive order, the media and pop culture, and monetary power are all tools utilized by the president to expand their powers. The Constitution is one of the main tools utilized by the presidents to expand power. Even though the presidential power is clearly outlined in Article II of The Constitution, its vagueness has provided enough wiggle room to stretch their power beyond its implementation. Therefore, one of the tools utilized by the President was actually the document created to prevent such activity from happening. In depth, Article II section I grants, “The Executive Power; followed by Article II section II witch gives the president to elect officials. This allows the President the power to choose personnel and enable them to help set sail towards a bureaucracy and their personal agendas...
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...Effects of the expansion of Presidential power, and an argument for placing limits and rescinding the additional authority following a crisis By Timothy C. Sollenberger In the 200 years since the ratification of the Constitution, there has been an expansion in the executive branch power base. The majority of this expansion has occurred in the last 70 years. The changes themselves can be attributed to growth of the United States as a world power with gains in military prestige, diplomatic negotiations, as well as economic activities and interests globally which have perpetuated wars, and perceived emergencies. The current media formats and reporting have also had a profound influence on Presidential popularity which has exponentially increased the perceived notion that recent presidents are empowered by the people to make decisions which should require the acquiescence of Congress or the States. Presidents such as Abraham Lincoln, Theodore Roosevelt, Woodrow Wilson, and Franklin D. Roosevelt did make advantageous gains for the country in different areas, but the lack of dissemination of information to the elected legislature showed a general disregard for appropriate etiquette and initial public approval. The powers and duties of the president are outlined in Article II of the Constitution. Although the Constitution grants far fewer powers to the president in Article II than it does to Congress in Article I, the...
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...Presidential power has been an important topic of consideration and debate since the founding of the nation. Many presidents have tested the limits of the Constitutional provisions regarding the authorities of the executive branch, and in response, both the judicial and legislative branches have imposed the proper checks and balances via court rulings and newly legislated limitations. In modern American politics, many question the Constitutional legitimacy of various executive actions taken by the most recent presidents. However, the expansion of presidential power is certainly not unique to Presidents Bush or Obama. Throughout the 20th and 21st centuries, presidents have gradually increased their powers in response to wars, terrorism, and congressional gridlock, among other things. Furthermore, the broad definition of the executive branch’s duties found in the second article of the Constitution has led to contradicting interpretations about the proper applications of the executive powers. As...
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...Philippines Law Historical Overview Introduction The Philippines, an archipelago of 7,107 islands (about 2,000 of which are inhabited), with a land area of 115,600 sq m, has a population of 76.5 m. Some 87 major dialects are spoken all over the islands. English and Filipino are the official languages with English as the language of instruction in higher education. According to the 2000 census, the functional literacy rate is 83.8%. Agriculture constitutes the largest single sector of the economy. The country has a total labour force of 64.5%. The Philippine legal system is aptly described as a blend of customary usage, and Roman (civil law) and Anglo-American (common law) systems. The civil law operates in areas such as family relations, property, succession, contract and criminal law while statutes and principles of common law origin are evident in such areas as constitutional law, procedure, corporation law, negotiable instruments, taxation, insurance, labour relations, banking and currency. In some Southern parts of the islands, Islamic law is observed. This particular legal system is the result of the immigration of Muslim Malays in the fourteenth century and the subsequent colonization of the islands by Spain and the United States. Historical Background Philippine legal history may be categorized according to the various periods in the political history of the country: the pre-Spanish period (pre 1521); the Spanish regime (1521-1898); the Philippine...
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...One of the most important issues concerning the presidency is how much power he should have in regard to what the Constitution allows. Several presidents have been criticized for surpassing what the Constitution allows, but none more than Andrew Jackson, Abraham Lincoln and Theodore Roosevelt. Andrew Jackson was hailed as a champion of the common man, however his questionable use of the veto and harsh policies led to severe criticism. Abraham Lincoln was the most divisive president in history and his stance on slavery changed the course of the United States’ history. Theodore Roosevelt was a man who believed in “speaking softly and carrying a big stick” and this stance let him get what he wanted, no matter the repercussions. Presidential...
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...Presidential Power Barack Obama had formerly said “Change will not come if we wait for some other person or some other time. We are the ones we've been waiting for. We are the change that we seek.” But there’s an accurate method and invalid method in undertaking such changes. Especially when conversing about the President of the United States the precise procedure, phases and guidelines are being assumed to be executed. In retrospect of President Obama prior decisions and actions, it can be obviously seen that he has been neglecting to obey presidential rules and regulation. On more than one occasion President Obama has overstepped his boundaries because, he has ignored boundaries of the constitution, taken action without congress approval, and he has undermined the...
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...the other, but that the former is decentralized through legislation whereas the latter is decentralized by constitution. In a federation, certain matters are thus constitutionally devolved to local units, and the central government cannot unilaterally revoke this decentralization, as it can in a unitary state. In a unitary system, the central government has all the power. In a federal system, some powers are given to the central government and other powers are given to the lower levels of government. The states in a unitary system hold a considerable jurisdiction and power in accordance with the doctrines set by the parliament. 2. What are the major differences between parliamentary and presidential systems? The main difference between a parliamentary and presidential system of government is that in a presidential system, the president is separate from the legislative body, but in a parliamentary system, the chief executive, such as a prime minister, is part of the legislative body, or parliament. A presidential system separates the executive and legislative functions of the government and provides what are commonly called checks and balances to limit the power of both the chief executive and the legislature. In a parliamentary system, the legislature holds the power, and the chief executive must answer to the legislature. Another main difference is that in a presidential system, the people elect the chief executive and members of the legislature separately, but in a parliamentary...
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...Political power is the ability to influence others, bring about meaningful change, win the support of the public, and have a lasting impact on people's lives. At the beginning of the creation of the constitution, our Founding Father's objectives were to establish a federal government, and to outline an equal distribution of powers within our government. This was implemented by creating three branches of government that had to coincide with each other in order to function. Although each branch has its own powers, duties, and responsibilities that influence how the government works, the executive branch has become more and more powerful over the years. In this essay, I will discuss the framers intended relationship between the legislative, executive, and judicial branches and I will argue how the executive branch wields the most power among the three branches of government. Our system of government was set up to have three branches of government: the executive branch which executes the laws, the legislative branch which creates the laws and finally the judicial branch which interprets the laws. The constitution states their powers and their checks on one another so that no branch would have more power than the other two, because of this, the framers of the Constitution set up a system of checks and balances. Under this system, each branch has the ability to stop the other two branches from gaining too much power. For example, one way the executive branch/president is able to check...
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...Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 180643 September 4, 2008 competing interests in the case at bar are the claim of executive privilege by the President, on the one hand, and the respondent Senate Committees’ assertion of their power to conduct legislative inquiries, on the other. The particular facts and circumstances of the present case, stripped of the politically and emotionally charged rhetoric from both sides and viewed in the light of settled constitutional and legal doctrines, plainly lead to the conclusion that the claim of executive privilege must be upheld. Assailed in this motion for reconsideration is our Decision dated March 25, 2008 (the "Decision"), granting the petition for certiorari filed by petitioner Romulo L. Neri against the respondent Senate Committees on Accountability of Public Officers and Investigations, 1 Trade and Commerce,2 and National Defense and Security (collectively the "respondent Committees"). 3 A brief review of the facts is imperative. ROMULO L. NERI, petitioner, vs. SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS, SENATE COMMITTEE ON TRADE AND COMMERCE, AND SENATE COMMITTEE ON NATIONAL DEFENSE AND SECURITY, respondents. RESOLUTION LEONARDO-DE CASTRO, J.: Executive privilege is not a personal privilege, but one that adheres to the Office of the President. It exists to protect public interest, not to benefit a particular public official. Its purpose, among others, is to assure...
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