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Author Topic: Executive Powers and Powers of Congress Back to Topics

Champion Author

Joined:Oct 2011
Message Posted: Dec 10, 2012 5:06:16 AM

Lets take a look at the powers of the executive branch.

Article II Section 2 - 4
Section. 2.
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 Offences 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.

Section. 3.

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section. 4.

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

And those, my friends, are the powers granted to the executive branch. No more, no less.

Lets take a look at the Powers of Congress

Article I: Sections 7 - 10
Section. 7.

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section. 8.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section. 9.

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Section. 10.

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

And here are the powers granted to Congress (Senate + House of Representatives). Now will each branch of the government please stick to what is constitutionally given?

But of course, our constitution has been ripped to shreds by this administration (and other presidents too). Executive orders, decisions, etc. If our constitution defines the backbone of our country, why is it being ignored? Even if a president doesn't agree with the constitution, the limits are in place for a reason and that president must abide by them.

[Edited by: ihuey99 at 12/10/2012 5:11:23 AM EST]
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Champion Author Gary

Joined:May 2004
Message Posted: Feb 1, 2013 10:20:52 PM

The frame work was fine the function Well you judge how we got here?
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Champion Author Oakland

Joined:Oct 2011
Message Posted: Jan 25, 2013 1:54:56 AM

Powers of the Executive Branch (President)
In case people fell asleep reading the cut and paste from the US constitution from back in December, here are the cliff notes. Remember, no more, no less.

1) Commander in Chief of the Armed Forces
2) Make Treaties
3) Nominate and Appoint: Ambassadors, public Ministers, Consuls, Supreme Court Justices
4) Fill vacancies during recess of Senate that expire at the end of the next session
5) Give a state of the union address
6) Recommend consideration of measures
7) Convene both House and Senate during emergency
7a) If House and Senate disagree, the president may adjourn them with respect to the Time of Adjournment
8) Receive Ambassadors and other public ministers
9) Faithfully execute laws
10) Commission all officers of the United States

The president also signs bills from the Legislative branch into law or vetoes those bills.

Can the President make laws? No
Can the President decide to not uphold laws or selective enforce laws? No
Can the President make decisions in regards to tax raising measures? No
Can the President unilaterally re-interpret the Constitution? No
Can the President declare war? No
Can the President assume powers of the legislative branch? No
Can the President assume powers of the judicial branch? No
Etc and so forth. The president is limited by the powers granted to him by the US Constitution and must abide by them.

[Edited by: ihuey99 at 1/25/2013 1:57:46 AM EST]
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Champion Author Oakland

Joined:Oct 2011
Message Posted: Jan 25, 2013 1:45:54 AM

Granted that this post has been buried among the other political rants, lets establish a few things here.

The constitution defines the powers of the US government. It also establishes what the executive branch, legislative branch, and judiciary branch have the power to do. In order to maintain a balance of power, these three branches should not try to usurp power from the other branches. The system is designed for two of the branches to restore the balance of power if and when one branch oversteps its boundaries.

So what happens when one branch has extensive influence in either of the other two branches? This creates a disproportionate exertion of power.
This is why it's so important to examine and study what powers are granted to each branch of the government as well the understanding that the powers not granted to the federal government then fall upon the states. It's is not the federal government's responsibility to then usurp power from the states.

[Edited by: ihuey99 at 1/25/2013 1:47:38 AM EST]
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