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From where the president of the U.S gets his power and his role or job
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From where the president of the U.S gets his power and his role or job
Introduction
The president of the United States forms the head of government and state. This is in addition to decisive roles. The president’s powers originate from various sources, which clearly elaborate his capabilities as the leader of the country. The president fails to constitute the government solely since it is a requirement for him to work with the legislative, judiciary and executive. However, definite sources elucidate the president’s powers and duties, which are the Article II of the Constitution, Acts of Congress, implicit control, and authority formulated by the fact that he is the leader of the country also referred to as inherent powers (Genovese 25).
“The Article II of the Constitution” (Stephens and Scheb 63)
The article two of the constitution forms one of the items in the government that clearly delegate the president’s power. The article two of the constitution is liable for creating the executive within the administration entity. The executive, which is a division of the government, consists of the president and the executive officers (Stephens and Scheb 63).
“The Article II of the constitution” clearly states that the president has the authority to appoint members of the Cabinet, Federal Courts judges, Supreme Courts judges and ambassadors (Stephens and Scheb 63). In relation to these, the president may choose to seek the Congress thoughts before executing such decisions; however, he may strike off bills arising from the same congress as the article provides. The article also accords the president with powers to form treaties between his country, United States, and other nations. In this case, the article points out that he has to seek advice and 2/3rds members of the Senate (Stephens and Scheb 89). The article continues and states that the president is the commander-in-chief of the armed forces of United States; hence, he is the one to give the ultimate command of engaging America’s army to war. Moreover, the article states that the president is in a position to demand written opinions and thoughts of the major officers from the Executive Departments. Other than cases of impeachment, the article allows the president to pardon and stops heavy punishments to some law offenders.
Even though, the Article delegates all these power, it also states that incase the president involves himself in bribery, treason, misdemeanors and major criminal activities, he is to be removed from leadership. This is so because the law of the country is over him.
Act of Congress
The act of congress in the United States denotes laws of the public, which relate to citizens, or the private laws that relate to certain people or establishments. The law of U.S. binds the president. Apparently, the Act of Congress formulates the law. Thus, the president is under the Acts of Congress, which regulate and form one of the sources of his powers (Genovese 363).
Implicit powers of the president
The president, at times, exercises powers that are absent in the Constitution of the country. For example, he can remove people from power administrators in the government albeit the constitution does not enumerate such powers. This is because he is the chief executive. The only hindrance to that is the public law, which may state otherwise. In case the president exceeds his prerogatives while exercising implicit powers, the Supreme Court can step in prevent him from misusing his powers (Prakash).
Inherent powers
Inherent powers form another source where the president of the United States derives his powers. The president derives powers from the constitutional statement that vividly elaborates that has executive power as the leader (Prakash). In addition, the constitution places in the president the ultimate duty of initiating and enforcing the laws appropriately.
Powers of the President
The president posses many powers, which the constitution and the people expect him to carry out efficiently thus running the country in harmony. This culminates in higher levels of development. On election as president, he attains the status as the head of state and leader of government. In addition to these titles, he is also the Commander-in-chief of the armed forces according to Article II of the Constitution but Article I of the same offers Congress power to regulate both land and the naval forces, in addition to declaring war. Both the President and Congress rule over the armed forces concurrently.
The Constitution plays a key role in deploying the duties, responsibilities and powers to the president. The Congress is responsible for making laws while the president is mandated with enforcing them. Within the Constitution, Article II provides the president with authority to appoint the leaders of various federal commissions. Moreover, the president has the authority to appoint federal judges and ambassadors of United States to other nations. In addition to such appointments, the constitution also provides the President with the authority to appoint judges of Supreme Courts and the members of the Cabinet. The president is responsible for appointing members of the Executive Office of the President. This is the staff immediate to him.
When it comes to formulating the law, the Congress is responsible for enacting bills. However, it is within the presidential powers to sign legislation into the law thus allowing the bill to become a law. Concurrently, he can veto the bill, which means he strikes out the bill, which is not implementable as a law. However, in case the president rejects a bill when the Congress is in session, they can pass consent of 2/3rd of all the members making the bill a law. In relation to the 2/3rd consent from the Congress, the president has the power to sign treaties on behalf of his nation but only after receiving ratification from Congress. The president also has the power to deploy executive orders aimed at directing the executive officers or offer more clarification on existing laws. The president has other powers over Congress since he can call them in for a special session; furthermore, he can also adjourn sessions when common grounds between the Senate and the House are lacking on a final date. Furthermore, when it comes to Legislative powers, the president can give a detailed administration’s legislative agenda (Prakash).
The president also has powers to pardon federal criminals, in addition to extending clemencies. The only exceptions to this case are criminals found guilty on the count of impeachment. In case the president pardons a group of people other than a particular person, the kind of power exercised is amnesty. A look at foreign affairs indicates that the President has the duty to appoint and duties of an ambassador to an individual. In relation to such a role, he has the powers to welcome ambassadors from foreign nations. He conducts this duty via the department of State, which is under secretary of state.
The president also has emergency powers, best displayed in times of crisis. This power is an inherent power that the president can execute, such as the declaration of emergencies. In turn, this provides the Federal Emergency Management a chance to exercise jurisdictional rules. The president is in a position to put forward a state of emergency, in turn, allowing the federal government to assist people in need, for example, during weather catastrophes (Prakash).
The president has the power to hold back information from congress, the public or the media. This applies in situations where that information concerns or relates to national security. This power is the executive privilege of the president. The president has the power to maintain the traditions of former presidents. Different presidents initiated various traditions, which were dependent on previous presidents to enhance their maintenance. The cultures and traditions include public holidays and ceremonies.
The president ought to report to the Congress on the country’s performance in development, finances and other vital concerns. In addition, the president has the powers to point out to the congress, which laws to change and in other cases recommend the laws to adopt (Prakash).
The president has many powers delegated to him; however, various controls are in place to regulate actions emanating from such powers. Interestingly, the presidential position comes with different powers that are not clear since they are dependent on the judgment of a leader. Hence, it is vital for the government to initiate measures that guide the president’s actions. A crucial strategy, which the government uses, is placing the president under the US law. In turn, this ensures that the president can charged in the Supreme Courts once he commits a crime. Additionally, the Constitution forms another guide that restricts the president’s actions since Article II vividly elucidates his duties and powers. Having different bodies of the government to work with the president is another way of ensuring that the president exercises his powers efficiently. An example of such a group is the Congress. The Congress has many responsibilities, which include passing consent in various areas of concern. For example, in passing a bill, the 2/3rd consent is applicable when the president has vetoed the bill. In times of war, the president requires the Congress’ 2/3rd consent to command the armed forces to go to war (Genovese 72).
Conclusion
The president is a powerful position but his sources of power also act as precautions to ensure that he does not act out of his boundaries. The Constitution acts as the main guide in determining the boundaries of the president’s powers. In addition, various bodies within the government also provide the president with a guide while exercising his powers. These bodies include the Congress, the Supreme Court judges, and Executive officers among other bodies. The president’s position proves to be one of the most powerful seats in the land hence it requires integrity and meticulous guidelines to work efficiently.
Works Cited
Stephens, Otis. & Scheb, John. American Constitutional Law: Sources of Power and Restraint,
Volume 1. Massachusetts, MA: Cengage Learning, 2011. Print
Genovese, Michael. Encyclopedia of the American presidency. New York, NY: Infobase
Publishing, 2010. Print
Prakash, Saikrishna. Taxonomy of Presidential Powers. 2008. Web. November 15, 2011.
