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Presidential Powers

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Presidential powers have grown significantly since the framing of our country. The extent of this growth is not always fully appreciated by the public. Perhaps the reason for this growth is due to the ambiguously written Constitution. The constitutional text leaves room for interpretation and for the executive office “to grow with the developing nation”. (Milkis &Nelson) In Article I of the Constitution, it grants specific powers to Congress, Article II also grants powers to the President but are written in vague terms such as “executive power,” or the duty “to take care that the laws be faithfully executed.” (Milkis &Nelson) Unlike the legislative and judicial branch, the Presidency has consistently possessed significant inherent powers. Therefore, many of the President’s powers are recognized powers, such as the authority to declare war or the authority to act in times of national emergency. The framers of the Constitution purposely designed the separation of powers to protect the rights of citizens and prevent any one person or political group from “ruling with an iron fist”. (Mount) Whether or not a President has exceeded his powers is not often obvious because the powers of then executive office are somewhat unclear. Additionally, there is little case law addressing presidential powers so there is no precedent to follow. The way that previous Presidents use their powers in the past, stands as authority for current or future Presidents to engage in similar actions. Despite its vagueness, Article II gave Presidents the ability to act, if he chose to, and President Washington did. He used his executive privilege to withhold documents surrounding the Jay Treaty and by him leading federal troops against the Whiskey Rebellion, he asserted a clear show of federal authority. He confirmed the principle that federal law is the “supreme law of

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