Presidential Powers and Limitations - Literature review Example

Presidential Powers and Limitations Introduction The President of the United s is a democratically elected official who derives power from the written US constitution with certain limitations imbibed in it. The presidential powers are checked and balanced by Legislative and Judicial branches. The Constitution of the United States provides for the presidential authority in its Article II, Section 1 granting the executive power to the president. The Section 3 revolves around the enforcement of federal laws. On the one hand, the Constitution imparts the president outright powers over the administrators of the government and on the other hand puts a check through congress. Under section 1 of the article II, the executive power is vested in a President for his or her term in the office that is set for four years. Appointment and Removal Power The enactment of civil service laws directs the federal government to appoint 90 percent of executive branch positions through merit systems; however, the president still has powers to appoint senior officers to set direction to his governance. C Q Press (2012) describes the various power of the President in that he can appoint ambassadors, judges of the Supreme Court, ministers and consuls and other officers of the US for which no provision has been made. The President also has powers to fill up any vacancy during the recess of the Senate through special rights called commissions. Similarly, the President can also enter into treaties with other countries under the advice and consent of Senate. C Q Press (2012) speaks about the discerning powers of the president which can be listed as per the following. Clemency Section 2 of the article II specifies the President as ‘Commander-in-Chief’ of the military with necessary powers to grant pardons for offences against the country except impeachment. The glaring example of the clemency right rested with the President can be given as the pardon granted to Richard Nixon by his successor Gerald Ford for offenses committed by the former during the Watergate episode. Bill Clinton granted 140 pardons on the last day of his term as President. Law Enforcement The President being the chief executive officer of the nation can even deploy the armed forces to enforce the law within the country. All these years Congress has been instrumental in enhancing the law enforcement duties of the president. The incident during John F. Kennedy time is worth noting when he directed army troops to quell riots following a court order directing the University of Mississippi to admit a black student, James Meredith in its student body. Budgeting Section 3 of Article II of the Constitution provides powers to the President to undertake fiscal policies and budgetary procedures as one of the important prerogative. Over last few decades, the Presidents of US have increasingly used their powers in outlining federal spending. Legislative Proposals The Constitution of the US authorizes the President to recommend necessary legislation which he feels necessary and expedient. The past history shows how President has used legislative powers to give a direction to the nation. Franklin D. Roosevelt using his powers as President recommended several important legislative proposals to overcome the crisis that country faced during the time of the Great Depression in ‘30s. Convene or Adjourn Houses Under Section 3 of the article II, the President has right to convene and adjourn either single or both the houses as he may feel necessary and recommend the measures in the best interest of the nation. Veto The constitution has provided the President with veto powers that can be used against any piece of legislation to become law against their wishes; however, Congress still can convert it into a law by passing it with two-thirds majority in both houses. The U.S constitution provides a variety of special powers to the President that can be described as per the following. Emergency Powers Schmidt et al. (2011) argues that the Us President may exercise certain powers in foreign affairs in certain national emergencies. This was noticed when President Roosevelt instituted an embargo on the shipment of weapons to two warring countries. The Supreme Court recognized and approved the presidents action. In other examples of emergency powers the mention can be made of an incident when Abraham Lincoln suspended civil liberties at the start of civil War during 1861-65. The other incident happened during World War II when President Franklin Roosevelt declared a national emergency to mobilize the economy for war following the fall of France. After 9/11, the Bush administration took an initiative to pass several laws under the provisions of the Patriot Act to combat terrorist activities. A specific mention can be made when he authorized federal agencies to tap the international telephone calls during 2006. The constitution does not allow for eavesdropping per se and this was an extraordinary situation in national interests. Executive Orders Schmidt et al. (2011) stresses that the President can issue executive orders 1. to enforce legislative statutes; 2. to modify and establish rules of executive administrative agencies and 3. to enforce treaties with foreign nations. The executive power indicates about the implied powers that have grown to an extent originally not envisaged by the framers of the constitution. Executive orders are based on the president’s extra constitutional responsibilities. Mostly, they are directed toward government officials and agencies but its effect reach to the average citizen. The example of Lyndon B. Johnson is worth noting when he issued Executive Order 11246 asking private contractors to hire minorities in employment particularly when they are awarded federal government contracts. That significantly affected the employment practices of the private sector. Usually, the President issues such orders to modify bureaucratic actions or rules or to change certain decision making systems and procedures. Foreign Affairs The constitution also provides certain foreign affairs powers that include making treaties with the other countries appointing ambassadors. The treaty power is subject to approval by at least two-third majority of the Congress. It is considered a duty of the president to carry out necessary treaties but final agreement needs senate approval. Chief of State The constitution also provides the president as the chief of state of the US rightfully presides over ceremonial functions. In this role, the president receives ambassadors from other countries and delivers ‘State of the Union message’ annually. This right provides the president with needed clout for leadership to spearhead the policy objectives. Limitations of the President Time and again, the debate erupts over the limitations of presidential power. Reinstein (2009) asserts quoting Justice Jacksons opinion of the fluctuating powers of the president. Three possibilities dictate the presidential powers as described by Jackson. 1) When Congress authorizes the presidents actions directly or indirectly, the presidents authority is found to be at its maximum. 2) When Congress is reticent, the president can be said to enjoy powers that overlap with Congress with certain limitations 3) When Congress does not agree with the President, the presidents power is said to be at its lowest. The Limitation Related to Law Enforcement Reinstein (2009) argues that many statutes are not very clear and has not been interpreted in definite terms by the courts. This implies that supervisory policies need to be established to ensure the effective application of the laws. The president being an executive head of the state the authority to formulate those policies and to supervise and manage them lies with him; however, Reinstein (2009) establishes that executive orders are fine to control the internal operations of the executive branch but they cannot be enforced to change domestic laws. He asserts that the president does not have the exclusive authority to enforce the laws. That means that the president’s powers pertaining to law enforcement are subject to clearance from Congress. He categorically states that the president cannot control officers in executing duties that are imposed by the law. The point is that since last more than 70 years Congress has vested the enforcement of federal laws in separate agencies and the President has no authority to remove them. In fact, these agencies have been exercising executive power since long through their continuous operation and all three branches of government fully accept them and they are now an irreversible part of our system. Moreover, if the Congress decides about enforcing certain laws by an independent private party or by an independent counsel, the legislative body can certainly do it. Limitation Regarding Foreign Affairs Reinstein (2009) argues that the US constitution does not provide the president plenary power in matters related to foreign affairs as that power is restricted by Congress. The implied foreign affairs powers of the president have following limitations. 1) These powers are subordinate to statutes enacted by Congress and 2) Without taking approval of Congress, the president cannot use these powers to change domestic legal obligations. In Flying Fish Case, the Supreme Court held that Congress has plenary authority on the matters related to foreign affairs and an executive order goes invalid when it is violating treaty or statute. Thus, the president’s implied powers cannot override or suspend a statute enacted by Congress (Reinstein 2009). In fact, all implied powers are subject to approval from Congress. The real test of power can be judged from the fact that in the event of conflict between implied presidential power and statute enacted by Congress, the statute prevails. Judiciary Limiting Emergency Power Schmidt et al. (2010) emphasizes that during Korean war in 1952, the President Harry Truman made use of his emergency power as commander-in-chief to safeguard the nations security and ordered the seizure of steel plants to be operated by state owing to strike by steelworkers; however, supreme court overruled this order and stated that constitution does not provide such power to seize private property. This was the first time when the President was forbidden to exercise such emergency powers. Conclusion Since the framing of constitution, the US has changed and metamorphosed into a large and vibrant economy that has integrated with numerous countries of the world. To manage the affairs and as per the necessity prevailed, Congress has passed huge number of governing laws beyond the imagination of the original framers. After enactment of the law, it needs to be enforced. Congress delegates that authority to the president for he has reach and expertise to do so. The president has to do it decisively and effectively keeping broader view of the national issues in mind and that is how the president seizes the opportunity sometimes surpassing his authority. Judiciary and legislative wings are there to put a check on such presidential actions that need interpretation in the current context; however, it is worth enumerating that over these years the president has enjoyed more powers than limitations. References C Q Press (2012), The Constitutional Powers of the President, retrieved March 28, 2012 from http://www.cqpress.com/context/constitution/docs/constitutional_powers.html Reinstein, R. J. (2009), THE LIMITS OF EXECUTIVE POWER, retrieved March 28, 2012 from, http://www.wcl.american.edu/journal/lawrev/59/reinstein.pdf?rd=1http://thepoliticsofempire.wordpress.com/2008/08/14/hello-world/ Schmidt, S.; Shelley, M.; Bardes, B; Ford, L (2011), American Government and Politics Today, Suzanne Jeans, Boston, US Read More