American Government And Public Affairs Law Constitutional Administrative Essay

Published Date: 02 Nov 2017

GOVT201-1301B-03

Phase 2 Individual Project

American Government and Public Affairs

Scott Sanders

3/4/2013

For the Phase 2 Individual Project we were given the task of detailing the powers given to the President of the United states and how those powers can be used. The powers can be for both enacting new laws and policies and to veto those he or she wishes not to enact. The president also has the ability to appoint people to key position in the cabinet.

Phase 2 (IP)

American Government and Public Affairs

Scott Sanders

Professor Tami Erickson

We all have our own opinions about how the government should be and we yell scream and holler about how we wish the President would do more. The fact of the matter is, no matter how we feel about or government and the President, we should all realize there are limitations to powers. Our forefathers built a system of checks and balances to ensure no one man or woman could control everything. The President Does have some powers to implement some public policies. The President also has some power to ensure some policies do not become implemented. This power is called Veto. During this assignment we will explore and learn why these powers are in place, how these powers are used and where in our past have we seen the effects of these powers.

The President has the constitutional power to appoint ambassadors, federal judges, and other "principal officers" such as Members of the Cabinet. These appointments are subject to Senate confirmation. The Senate may opt not to agree with a Presidential appointment and Congress cannot eliminate or limit the President’s powers to make the appointments official. The president may remove any officer within the executive branch except where statutorily limited. The President has the ability to significantly influence the judicial and legislative branches. Through these powers, the President can exert long-lasting wide-spread influence on the Nations domestic policies. The president also has the "Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."

The Constitution, states that the president has ten days (not counting Sundays) in which to consider approving legislation presented to him or her by congress. There are three options: make it law by signing the bill; veto the bill; or within the ten day not taking any action at all. If the president decides to veto the bill, than it can only be overridden by a two-thirds majority of both houses of Congress. If no action at all is taken by the president than the bill automatically becomes law after ten days. However, if Congress decides to adjourn before the ten days have expired and no action by the president has been taken towards the signing of the bill, it is said to have been subjected to the pocket veto. The difference between regular veto and a pocket veto is simple. Congress cannot override the pocket veto.

The executive powers of the president also include the authority to issue executive orders and proclamations. A proclamation is a president's official announcement that he or she is taking a particular action. This type of an announcement is not the same as an Executive Order, which has the effect and force of law by carrying out provisions of a federal statute, the Constitution, or a treaty. The country is notified of presidential action of proclamations and executive orders through the Federal Register. The president, under the constitution, is given the power "grant reprieves and pardons for offenses against the United States, except in cases of impeachment." A pardon is usually a private transaction between the president and an individual. However, in 1977, President Jimmy Carter did something no other president had done and no president has done since. He granted a blanket pardon to all of those who were either draft evaders or deserters during the Vietnam War. Thomas Jefferson was the first president to ever use the presidential powers of impoundment. This is the refusal to expend funds given by congress by the chief executive. The president however does not have ultimate power when it comes to impoundment. In 1975 the Supreme Courts ruled that President Nixon didn’t have the authority to impound large amounts of funds from the environmental protection agency because he vetoed a program, which was overturned by congress. Congress has given the president a lot of lead way when it comes to the power of foreign policy. This is mostly because one voice speaking for over 500 is better than over 500 trying to get their points across to other nations. These powers were well illustrated when President George W. Bush insisted and better yet warned Taliban Government to surrender Osama Bin Laden or prepare for the possibility of war after the September 11 terrorist attacks in 2001. Along with the authority for the president to recognize foreign governments, article II of the constitution empowers the president to make treaties with foreign nations with Senate consent.

Although the president is in fact the commander and chief of our military as set forth in Article I of the Constitution, he or she has limitations on what is possible when deploying troops. The president can threaten use of military force to accomplish an act or protect United States assets. The president has the authority to send troops around the world and ensure our military is able to complete their tasks. Though the president can defend our nation and send troops into combat, he or she can not declare war. The declaration of war can only be approved by congress, and congress has the authority to revoke funding to any campaign the president initiated. During times of war the president has a more broad use of power over domestic policies. "Abraham Lincoln issued an order to military commanders suspending Habeas Corpus during the Civil War, which allowed the military to arrest and detain persons without trial for an indefinite time." After the Civil War, Congress suspended habeas corpus and later the Supreme Court condemned President Lincoln’s Directive of military jurisdiction over United States civilian citizens outside the war zone.

Some of these policies evolved over a period of time while others were a result of a major event. An example of a policy that evolved from a major event is the abolishment of slavery. This caused a major civil uprising between the northern states and the southern states. An example of a change in policy that evolved over time would be the rights of woman. In our past woman were not afforded the right to vote or even have a say in the workplace. It took a very long time for woman to be noticed in ways other than just being useful in the household.