An analysis of the constitutional war powers of the president of the united states

Zivotofsky v Kerry Our readings include four cases dealing with the breadth of executive power.

An analysis of the constitutional war powers of the president of the united states

The Presentment Clause requires that any bill passed by Congress must be presented to the president before it can become law. Once the legislation has been presented, the president has three options: The legislation empowered the president to sign any spending bill into law while simultaneously striking certain spending items within the bill, particularly any new spending, any amount of discretionary spending, or any new limited tax benefit.

Congress could then repass that particular item. If the president then vetoed the new legislation, Congress could override the veto by its ordinary means, a two-thirds vote in both houses. City of New YorkU. Supreme Court ruled such a legislative alteration of the veto power to be unconstitutional.

One of the most important of all executive powers is the president's role as Commander-in-Chief of the United States Armed Forces. The power to declare war is constitutionally vested in Congress, but the president has ultimate responsibility for the direction and disposition of the military.

The exact degree of authority that the Constitution grants to the President as Commander in Chief has been the subject of much debate throughout history, with Congress at various times granting the President wide authority and at others attempting to restrict that authority.

InWashington used his constitutional powers to assemble 12, militia to quell the Whiskey Rebellion —a conflict in western Pennsylvania involving armed farmers and distillers who refused to pay excise tax on spirits.

According to historian Joseph Ellisthis was the "first and only time a sitting American president led troops in the field", though James Madison briefly took control of artillery units in defense of Washington D.

The President is to be commander-in-chief of the army and navy of the United States. It would amount to nothing more than the supreme command and direction of the military and naval forces Presidents have historically initiated the process for going to war, [31] [32] but critics have charged that there have been several conflicts in which presidents did not get official declarations, including Theodore Roosevelt 's military move into Panama in[31] the Korean War[31] the Vietnam War[31] and the invasions of Grenada in [33] and Panama in Such agreements become, upon receiving the advice and consent of the U.

Senate by a two-thirds majority votebecome binding with the force of federal law. Administrative powers Suffice it to say that the President is made the sole repository of the executive powers of the United States, and the powers entrusted to him as well as the duties imposed upon him are awesome indeed.

An analysis of the constitutional war powers of the president of the united states

General Services AdministrationU. Ambassadorsmembers of the Cabinetand other federal officers, are all appointed by a president with the " advice and consent " of a majority of the Senate. When the Senate is in recess for at least ten days, the president may make recess appointments.

The power of a president to fire executive officials has long been a contentious political issue. Generally, a president may remove executive officials purely at will.

Within the Executive Office, the president's innermost layer of aides and their assistants are located in the White House Office. Additionally, the president possesses the power to manage operations of the federal government through issuing various types of directives, such as presidential proclamation and executive orders.

When the president is lawfully exercising one of the constitutionally conferred presidential responsibilities, the scope of this power is broad.

Moreover, Congress can overturn an executive order though legislation e. Juridical powers The president also has the power to nominate federal judgesincluding members of the United States courts of appeals and the Supreme Court of the United States.The executive Power shall An analysis of starting a personal business be vested in a an analysis of the constitutional war powers of the president of the united states President of the United States of America.

Abraham Lincoln, the 16th president of the United States, successfully preserved the Union during the American Civil War. One of the most important of all executive powers is the president's role as Commander-in-Chief of the United States Armed length: Two four-year terms.

This is a sample of our (approximately) 10 page long War Powers notes, which we sell as part of the Constitutional Law I Outlines collection, a A- package written at Georgetown University Law Center in that contains (approximately) page of notes across 14 different document.

Analysis of the Constitution. STUDY. PLAY. 6 purposes of the delegates in making a constitution (Preamble)** limits powers of the states. Amendment I. freedom of speech, press, religion, and petition powers of president Sec. 3: presidential duties Sec.

4: who may be impeached and for what. A) were the first presidents to exercise power beyond the specific powers granted to the president in the Constitution.

B) developed the role of the president as manager of the economy. C) set a precedent for presidents to serve as world leaders.

In the area of the War Powers Clause, the flexibility provided by the requirement for a Congressional statute permitting war (a declaration of war) and Constitutional interpretation could be sufficient.

The President could defend the country, but not—by himself—use the military offensively.

Powers of the President of the United States - Wikipedia