05 Jul Presidential Powers, Historical Practice And Legal Constraint Discussion
Question Description
Ilia
The different powers that U.S. presidents have while in office are expressed/implied, delegated, and inherent. The Constitution explicitly states the expressed powers of the president, such as nominating judges, negotiating treaties, and commanding the military. Implied powers are ones that the Constitution does not specifically state, but that the president must reasonably have to exercise his expressed powers; an example of such a power is removing public officials from office, which is never directly specified, but the lack of which gets in the way of appointing public officials, an expressed power. Delegated powers are powers that one branch delegates to another, such as the executive branch’s right to enforce laws passed by the legislative branch. Finally, inherent powers are those that the Constitution does not imply, but that some presidents infer from either the document or special circumstances.
If I could affect the presidential power, I would pay attention to the tendency that presidents developed to declare war without Congressional approval. They seem to infer that they have this power based on their control over the military and the fact their predecessors did it as well. I do not find this a healthy relationship between the President and the Congress.
Different federal agencies, such as the Central Intelligence Agency and the National Security Council, all serve different purposes within the executive branch, creating a reasonable balance, although the fact that one person is ultimately in charge of them all does raise certain concerns. The president, combined with all of his agencies, is undeniably a large part of the government, the growth of which we had talked about in an earlier discussion. As far as the executive branch specifically though, I do not see many ways in which it now intrudes upon the powers of the two other branches (declaring war being one of them). I hope that those issues will be addressed, but right now, it seems the president’s power is not yet out of control
alexis McDonald
President’s of the United States have 3 sources of power: expressed, delegated, and inherent. Expressed powers are specific powers granted by the Constitution to Congress (Article I, Section 8) and to the president (Article II). Delegated powers are constitutional powers that are assigned to one governmental agency but that are exercised by another agency with the express permission of the first. Inherent powers is powers claimed by a president that are not expressed in the Constitution but are inferred from it. I do think that the executive branch is too big and that there should be someone else to help the President run these departments, but it should depend on the President’s resume as to what he gives power too. For President’s that haven’t severed in the military, there should be someone else over that because if you’ve never been in a war, you probably have no idea as to what exactly is required to complete the task in the most effective ways. I feel that when it comes to all federal agencies, the presidents resume should be looked at and the ones that he has absoulty no experience with, that someone else should oversee it.
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