Учебный год 22-23 / Presidency
.docDasha Filchenkova, 218 group
The Presidency.
The presidency in the USA was created under the influence of the autocratic rule of English kings. In the very beginning the delegates to the Constitutional Convention were afraid of dictatorial figure of the President. But this fear was balanced by their desire for strong leadership. So the task was to provide national leadership without allowing any opportunity for tyranny.
The final shape of the presidency reflected the “checks and balances” philosophy that shaped the entire Constitution. Specific powers were given to the Congress and the courts to create important limits on the presidency. Those counterbalancing powers acted as checks, or controls, on presidents.
The requirements for the presidency are set forth in Article II of the Constitution: A president must be natural-born citizen, at least thirty five years old, who has lived in the USA for a minimum of 14 years. The responsibilities of presidents are also set forth in Article II. The constitutional description of them is brief and vague and can be summarized as follows:
First of all, the President serves as administrative head of the nation. “The executive power shall be vested in the President of the USA; he should take care that the laws be faithfully executed. The President is to supervise and offer leadership to various departments created by Congress”.
Secondly he acts as commander in chief of the military. He has the power to declare war and he is the highest ranking officer in the armed forces.
Then he convenes Congress into special session on extraordinary occasions. He must also periodically inform Congress of the state of the union.
Also The President can veto any bill or resolution passed by Congress, with the exception of constitutional amendments. Congress can override a veto of president with a 2/3 vote in each house.
The Pocket Veto is one subject to current controversy. The Congress passes a bill; it arrives at a White House. The President can sign a bill if he approves it or veto the bill and return it to Congress, which can override the veto. The President can also decide to take no action, in which case the bill becomes a law in ten working days. When Congress is not in session the President can not return a bill; therefore, according to the Constitution it won’t become a law. In other words the President pockets the legislation and denies Congress a chance to override the veto.
One more power is the appointment of various officials; these include federal court judges, ambassadors, Cabinet members and many others. Many appointments are subject to Senate confirmation.
The next power is making treaties. Under the Logan Act of 1798 only President has the right to represent the USA in the international area. With the advice and consent of at least 2/3 of senators, the President can make treaties with foreign powers. The President also receives ambassadors so that he shows recognition of other nations. Also we should distinguish between treaties and executive agreements. Under the executive agreements process presidential agents negotiate directly with other countries. And there are three legal bases for executive agreements:
-executive agreements pursuant to treaties
-those pursuant to legislation
-and those pursuant to the President’s constitutional authority
Then he grants pardons. The President can grant pardons to individuals who have committed “Offences against the US”.
Then it is necessary to say that The President can be termed as chief legislator as well as Chief Executive of the US. Individual members of legislature are more involved in committee work, and usually the senator or representative becomes a specialist in some area, leaving to others the task of integrating the entire legislative program. The President fits to this role perfectly. He has a national constituency, having been elected by all the people of the nation, and his sources of information afford him better understanding of national and international problems.
The President also influences the judicial branch through his power to appoint, with Senate approval, all federal judges and attorneys.
A constitutional protection against misused executive power, in other words the curbs, is the provision that the House of Representatives may bring charges against the President in impeachment proceedings. After trial by the Chief Justice of the US, the Senate by 2/3 determines guilt or innocence.
The Senate may also influence on a President by refusing to accept a treaty he has negotiated. The Senate may also discipline a President by refusing to confirm his appointees. The President cannot dismiss federal judges, and may not remove for political reasons the members of a number of independent agencies. When the legislature reduces the proposed budget or rejects portions of it, the President must trim his sails accordingly.
Federal courts also may checkmate the President. His power to remove certain of his key appointees was once limited by the Supreme Court.