US POLITICS

    What constitutional and extraconstitutional limits exist on the exercise of presidential power domestically and internationally? Give a specific example of how a past president has attempted to expand presidential power. In what ways is the U.S. presidency unique as compared to the heads of state of other countries? Do these elements of "uniqueness" benefit us as a super power country?

Sample Solution

     

The power of the president of the United States is vast, but it is not unlimited. There are both constitutional and extraconstitutional limits on the exercise of presidential power.

Constitutional limits on presidential power are found in the U.S. Constitution. These limits include the following:

  • The president must take care that the laws are faithfully executed. This means that the president cannot simply ignore or refuse to enforce laws that he or she does not like.

Full Answer Section

     
  • The president cannot declare war. Only Congress has the power to declare war.
  • The president cannot make treaties without the advice and consent of the Senate.
  • The president cannot appoint ambassadors, judges, and other high-ranking officials without the advice and consent of the Senate.
Extraconstitutional limits on presidential power are those that are not explicitly stated in the Constitution but have been developed through practice and custom. These limits include the following:
  • The principle of checks and balances. This principle states that no one branch of government can become too powerful. The president is checked by Congress, the Supreme Court, and the states.
  • The power of public opinion. The president is ultimately accountable to the American people. If the people believe that the president is abusing his or her power, they can vote him or her out of office.
One example of how a past president has attempted to expand presidential power is the use of executive orders. Executive orders are presidential directives that have the force of law. They are not subject to congressional approval. Some presidents have used executive orders to expand their power in areas where Congress has not explicitly granted them authority. For example, President Obama used executive orders to protect undocumented immigrants from deportation and to expand healthcare coverage. The U.S. presidency is unique in a number of ways as compared to the heads of state of other countries. These unique features include:
  • The president is directly elected by the people. In most other countries, the head of state is appointed by the legislature or by a monarch.
  • The president is the commander-in-chief of the armed forces. This gives the president a great deal of power over national security.
  • The president has the power to veto legislation passed by Congress. This gives the president the ability to check the power of Congress.
  • The president has the power to appoint judges to the Supreme Court. This gives the president the ability to shape the direction of the law for many years to come.
Whether these elements of "uniqueness" benefit us as a super power country is a matter of debate. Some people argue that the strong presidency is essential for the United States to be an effective leader in the world. Others argue that the strong presidency can lead to abuse of power and that it is important to have checks and balances on the power of the president. Ultimately, the question of whether the U.S. presidency is too powerful is a complex one that there is no easy answer to. There are both benefits and risks associated with a strong presidency, and it is up to each individual to decide whether they believe the benefits outweigh the risks.  

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