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Presidential Powers: An Endless
Controversy
The Powers
•
As stated in Article 2, section 2 of the United States Constitution:
The President shall be commander in chief of the Army and Navy of the United
States, and of the militia of the several states, when called into the actual service of
the United States; he may require the opinion, in writing, of the principal officer in
each of the executive departments, upon any subject relating to the duties of their
respective offices, and he shall have power to grant reprieves and pardons for
offenses against the United States, except in cases of impeachment. He shall have
power, by and with the advice and consent of the Senate, to make treaties,
provided two thirds of the Senators present concur; and he shall nominate, and by
and with the advice and consent of the Senate, shall appoint ambassadors, other
public ministers and consuls, judges of the Supreme Court, and all other officers of
the United States, whose appointments are not herein otherwise provided for, and
which shall be established by law: but the Congress may by law vest the
appointment of such inferior officers, as they think proper, in the President alone,
in the courts of law, or in the heads of departments. The President shall have
power to fill up all vacancies that may happen during the recess of the Senate, by
granting commissions which shall expire at the end of their next session.
The Bush Administration
• Examples of George Bush expanding presidential powers:
• Mid 2006 – early 2007, Bush frequently signs statements that expand
Presidential powers at the expensive of the Legislative Branch.
•
Criticism says that: “ the administration has suggested repeatedly that
the president has exclusive authority over foreign affairs and has an
absolute right to withhold information from Congress. Such assertions are
`’generally unsupported by established legal principles,’”
• Regardless of this, Bush continues to sign statements that overrule
legislation based on “the belief that the President…has exclusive
authority…and an absolute right to withhold information from Congress.”
The General Opinions
• A 27-page report written for Lawmakers provides
research that says Bush is using signing
statements as a way to slowly condition Congress
into accepting White House’s broad conception of
Presidential power.
– Includes a Presidential right to ignore laws he
personally believes are unconstitutional
– Nature of executive authority forwarded by Bush
appears designed to injure Congress
– Administration has been accused of trying to “cherrypick” bills, keeping only bills it likes.
The Offenses
• October, 2006 – President Bush signed the 2007 military
budget bill, then issued a statement challenging 16 of its
provisions
– Bills barred Pentagon from using illegally-obtained information;
however, Bush insisted that he alone could determine what
could and could not be used.
• Bush has challenged over 800 laws, contrasting the 600
made by all other presidents combined.
– Challenged laws banning torture, as well as ones that required
him to inform Congress regarding the Patriot Act.
– Insisted that he did not have to obey Columbia laws because he
was “Commander in Chief”
• Bush also put limits on other positions such as the
Inspector General by demanding that they report to the
administration.
Expanding Powers
• I strongly disagree with the way powers were
expanded here, and the fact that both the
judicial and legislative branches complained
but did not act on President Bush’s behavior.
There was no balance, and it was obviously
biased towards the personal beliefs of the
President, and not for the benefit of the
United States of America.
Natural Disasters
• I believe that due to the current issue of natural
disasters, the President should be able to overrule
or disregard Congress when making a decision
regarding assisting foreign countries. When there is
an immediate danger or tragedy (tsunami in 2004,
earthquake in Haiti, etc.) the President should be
able to act in aid without consulting the alternative
Branches.
• “Presidential powers should be unrestricted; the
president should have the power to do what he/she
believes is in the best interest of the nation.”
Works Cited
• Savage, Charlie. "Bush Challenges Hundreds of
Laws." Editorial. The Boston Globe. N.p., 30
Apr. 2006. Web. 26 Apr. 2010.
<http://
www.boston.com/news/nation/articles/2006/04/
30/bush_challenges_hundreds_of_laws/>.