Presidential Powers in the United States Constitution Essay

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The president is the supreme power in nearly all the countries across the world. Only a few countries like Swaziland and the United Kingdom among others vest their supreme powers in kings/queens. The constitution of the United States of America confers diplomatic, executive, and administrative powers among others to the president.

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IN my opinion, although the constitution of the United States bestows sovereign roles in the president, he/she must not rule within the constitution only; however, he should be monitored by the Senate, Congress, citizens, civil society, and other humanitarian groups. Therefore, the presidential powers are not powerful because of the establishment of the systems to check and indirectly control the president’s official duties.

My opinion in presidential powers is that although the constitution bestows the pivotal state duties in him, s/he cannot execute the duties without consent from the senate/congress house, therefore, limiting his powers. The senate has the powers to decline or give consent to presidential appointees through ballot boxes, and only a minimum of two-thirds votes will give the president the go ahead to implement his powers.

The establishment of the senate, congress, electoral system, and limitation of the presidential term to four years is some of the systems that control presidential powers. Furthermore, incase the president commits crimes or does not rule amicably, the house of representatives is free to charge him thus stripping him off the honor as the president. Therefore, the ability of the power checking systems, working parallel with the president, renders him/her powerless.

Article II of the constitution of the United States of American confers the president with four main executive official duties (Phelps & Lehman, 2005, p.112). The first role is the commander-in-chief of the armed forces.

The president of the United States of America has the power to declare war against any nation; he executes foreign policy leads the military and is free to call on military support anytime the need arises to ensure there is safety in his country (Lowi, 1985, p.20). On the contrary, the president has to work hand in hand with the congress in matters concerning foreign policy.

The second duty is the principal powers to execute all laws and bills passed by Congress. Nevertheless, the congress has the powers to resist or vote against the presidential decision during the signing of the bills/laws. Before the publication of any law, the president must approve it. The constitution grants the president immunity to implement the laws devoid of facing criminal charges or civil suit.

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Thirdly, the president plays the role of the chief or principal diplomat. The constitution allows him to appoint all the ambassadors, sign treaties, or agreements with other nations and interact with other presidents and leaders. Apart from executive agreements, all the other international agreements have to seek approval from the senate, which may vote either for or against before declaring the treaty valid.

The executive agreements may occur secretly without the consent of the senate. Finally, the president plays the role of the chief principal administrator in all state duties. He has the powers to appoint the judges of the Supreme Court, ambassadors, and members of the executive branch. Similarly, the president has to work with senate to implement the aforementioned role.

In addition, the constitution allows the president to pardon criminals serving a jail term always referred to as presidential pardon. Unfortunately, the ability to pardon state offenders renders the judicial and the senate powerless because they do not interfere with it. Thus, the president is unable to implement the executive duties, which the constitution bestowed in him without consulting the senate/congress.

The constitution of the United States of America has established presidential checking systems, which monitors and approves presidential powers. The Electoral College, the limited presidential term, the impeachment law and the presence of the senate/congress closely work with the president (Phelps & Lehman, 2005, p.113).

Although, the role of the systems is to hinder the president from turning into a dictator, the presidential lacks federal powers. Indirectly, through democracy the citizens elect their representatives who subsequently elect the president.

In addition, the limitation of the presidential term to four years also ensures citizens practice their democratic rights while the impeachment law checks the personality and moral conduct of the president. Finally, the presence of senate/congress/house of representatives monitors the presidential powers, which has led to a tussle between the two branches especially concerning the implementation of foreign policy in Iraq and Afghanistan in 2001 (Krent, 2005, p.70).

Although the president is the chief army officer, the senate/house of representative, give orders to the military officers leading to a tussle in the two branches. The aforementioned systems and checks/separation of powers have failed in balancing the federal government of the United States of America.

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For instance, the ability of the presidential to pardon state offenders (amnesty) seems to be offensive to the judiciary, which both the president and the senate appoint. The accountability to the senate is the main section in the constitution that has led to disagreements between the two groups.

In summary, the constitution of the US offers the president supreme powers, but the senate, either approves or monitors all his/her duties closely. Thus, the presence of the system and checks section in the law limits presidential principal roles rendering him

References

Krent, H. K. (2005). Presidential Powers. New York, NY: NYU Press.

Lowi, T. (1985). The Personal President. Ithaca: Cornell University Press

Phelps, S., & Lehman, J. (2005). “Constitution of the United States”. West’s Encyclopedia of American Law, 8, 110-115.

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IvyPanda. (2018) 'Presidential Powers in the United States Constitution'. 27 December.

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IvyPanda. 2018. "Presidential Powers in the United States Constitution." December 27, 2018. https://ivypanda.com/essays/presidential-powers-2/.

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