President Barack Obama, the war power, and executive orders - Essay Example

The war power The question of whether the acting president has the power to use military without consulting the congress has proven to be a controversial issue hence becoming a source of conflict in American history. The American constitution divides the war power of the central government between the policymaking and the legislature. However, article II, section 2 of the America constitution candidly elucidate that the president is the commander in chief of all armed forces. Similarly, the parliament under article II section 8 has the authority to make an affirmation of war, and back up the armed force. Consequently, the question arose as to what degree the president can exercise the power to deploy American armed forces into aggressive situation abroad the country without the approval by the congress. The current controversy over President Barack Obama on the use of executive orders helps us to review the history of Barack predecessors in the use of executive orders. According to the records found in National Archive President Roosevelt issued 3,728 executive orders between the years 1933-1945. He is seconded by President Truman, who issued 896 executive orders while Barack Obama had only issued 184 executive orders. In 1942, President Roosevelt took an ignominious decision of evacuating Japanese-Americans from the Pacific Ocean without seeking the executive approval. In 1808, President Thomas Jefferson had had used executive order to enforced the Embargo Act. The act banned trade with Great Britain and he decided to charge those who violated the rule with treason and he did this without the consent of executive orders. In my thought, the Presidents as the chief commander of the armed force can only declare war after consulting the congress. The congress according to article II, section 8 has the authority to make an affirmation of war, and support the armed force. The president must comply with Article II section 8 of the American constitution before introducing the armed force into existing or impending hostility. Nevertheless, the president is the commander in chief of the armed forces but should not be given the power to declare war as the president may use this chance for personal interest. The president can also declare war by consulting War Power Act of 1973 found in the article II, section 2 of the constitution. Article II, section 2 elucidate clearly that the president has the power to introduce the armed forces anywhere he/she likes for 90 days. Therefore, the law was passed in 1973, a result of president declaring war without the consent of congress. For example, Vietnam and Korea wars were decided by the president without actual affirmation by the congress. Consequently, this led the congress seeking to approve any military engagement in war after 60 days when they are deployed. The congress formulated the law called The Power Resolution of 1973 to compelled the president to confiscate all troop deployed in the war within 48 hours. The Power Resolution of 1973 is good is making the president accountable. However, a War may occur as an emergency, for example, the bombing of U.S in 2011 was an emergency. The president may not have adequate time to consult with the congress but to take compulsory initiative thus curbing the situation. The president has the right to declare war but, if the war is not abrupt, the president must seek an approval from the congress. At the same time if the wars come as an emergency the president as the command in chief of the arms force should be granted an opportunity to act for the interest of the nation. Executive Order The executive orders are validly binding orders which are given out by the acting president to national administrative agencies. Executive orders do not require congressional endorsement to be effective, and executive order has the same legitimate weight as law approved by congress. Historically, executive order is associated to routine government matters and to the internal operation of central agencies, such as amending Civil Services Rules and in controlling the public lands. In America, history presidents have used executive order to carry out jurisdiction policies since the time of George Washington. Between 1959-1963 presidents John F. Kennedy used the executive order to eliminate racial discrimination in federal funded housing. In 1965, President Lyndon B. Johnson also used executive order to forbid discrimination in the process of appointment of administration contractors. President Barack Obama had also signed an executive order in 2013 compelling power-plants to cut their emission by 30%. Consequently, the executive order has become a perilous tool of government and is used by presidents to respond to natural disaster war and economic crises. Executive orders are used by presidents to promote civil rights and in emboldening or discourage regulation by federal agencies. However, both Presidents Barack Obama and President George W. Bush have observed that the executive order has progressively become a powerful political weapon. The executive order has been used in pushing through regulations and programs without judicial oversight, and this may end up being a political worse crisis. President’s executive orders are derived from Article II, section 1 of the America constitution specifies that the president have the executive power "He shall take care that the laws be faithfully executed”. However, executive orders in my perception are controversial because the through the executive order the president can make major critical decision, even laws without the consensus of the parliament. The excises executive order by presidents run against the general logic of the constitution that say clearly that no one should have the power to act unilaterally. Executive order has drawback for it undermines the trusted system of check and balance, giving rise to unjustifiable acts by the executive branch which may use it to safeguard their personal interests rather than national interests. For this reason, executive orders are considered too inappropriate in democratic and civilized country like United States. Therefore, it is essential for the three arms of government to acts as a watchdog of each other thus enabling democracy to triumph without being hindered by the presidency through executive orders. Read More