The Separation Of Powers In The United States
The form of government currently in place in the United States, implements separation of powers and Federalism. The separation of powers creates three branches of government, the executive branch, the legislative branch, and the judicial branch. With each branch having different powers to keep each branch in check and from having too much power. Among the most powerful figures are the president and congress, with each having certain privileges in foreign and domestic matters. The president of the United States possesses a range of powers and privileges under the constitution. They include such abilities as being able to pardon anyone convicted of a federal crime, the power to issue executive orders that govern executive branch operations, the
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power to create executive agreements that do not require senate confirmation, and the presidents most powerful weapon in dealing with congress, the power to reject a legislative act by the executive branch, known as the veto. Although the president has the ability to carry out powerful actions, congress themselves have privileges and powers as well. These powers include the power of the purse, which details that congress has all power over federal taxing and spending, the power of advice and consent, which enables the senate to reject or ratify treaties made by the president, and the power of oversight which enables congress monitor the activities of executive branch agencies to ensure laws are being faithfully executed. (Dye, Gaddie)
Despite the powers and abilities of each branch of government being specifically designed to counteract each other in hope that no branch possesses too much power, the debate as to who possesses more power in domestic and foreign affairs, the president or congress, still exists today.
Congress is a powerhouse, by having the power of the purse, power to make law, power to declare war, and the power of oversight investigation, it makes it far more powerful in domestic affairs than in foreign affairs. Only congress can “lay and collect Taxes, Duties, Imposts and Excises” (Article I, Section 8), and only Congress can authorize spending: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law” (Article I, Section 9). This power allows Congress the ability to control domestic and foreign affairs. The most important bills that Congress review every year are budget resolutions, that set ceilings on various categories of expenditures. In this way, Congress can decide how much money to appropriate to foreign aid, or foreign military affairs. An example of Congress using this power was in March of 2011, when President Barack Obama issued an executive order to close down the prison known as Guantanamo Bay. Congress was able to stop the President’s actions by attaching language to a spending deal that banned the use of federal dollars and made it too critical for President Obama to veto. (Johnson) Under the US Constitution, war-making powers are divided between Congress and the President. Congress has the ability to declare war as stated in the Article I, Section 8, Clause 11, which says, “The Congress shall have Power…] To declare Ware, grant Letters of marque and Reprisal, and make Rules concerning Captures on Land and Water”. While on the other hand, the President is constitutionally authorized as commander-in-chief, and responsible for leading the armed forces. Presidents have exercised their own authority to send troops into combat where threats were imminent, such as involvement in Vietnam during the 70’s. These actions caused backlash and in turn, Congress passed the War Powers Resolution in 1973, which stated that the President must consult with Congress before sending US troops into hostile situations, report commitment of US forces within twenty-four hours, and end military action within sixty days if Congress does not declare war or authorize the use of force. (Library of Congress) Congressional oversight of the federal bureaucracy is a powerful tool that lets congress oversee the activates of the executive branch. Its intended purpose was to determine whether the purposes of laws passed by congress are being spent as intended, but it is used instead to influence executive branch decisions, secure favorable treatment for friends and constituents, embarrass presidential appointees, undercut political support for particular programs or agencies, lay the political groundwork for budgetary increases or decreases for an agency, or simply enhance the power of congressional committees and subcommittees. (Dye, Gaddie) Congress has used this power in investigations such as the Iran-Contra Affair and the intelligence problems that occurred before the 9/11 attacks. This power was also used in investigating the Justice Department’s conduct in a gun sting known as the “Fast and the Furious” operation and the scrutiny into circumstances surrounding the September 2011 attacks on a US consulate in Libya. (Johnson)
On the other hand, the President of the United States with its power to make executive agreements, to make executive orders, to grant or withhold diplomatic recognition to or from ruling groups in the world, and his power as commander in chief, makes it more powerful in foreign affairs than in domestic affairs.
The president has the power to issue executive agreements which is an agreement entered into between a foreign government and the executive branch of United States. An executive agreement binds the United States with as much force as a treaty, but it is not as formal as a treaty and does not require the approval of the senate. For example, the North American Free Trade Agreement (NAFTA), entered into January 1, 1994, that created one of the world’s largest free trade zones and laid the foundations for strong economic growth in the United States, Mexico, and Canada. The President’s ability to issue executive orders derives from the vague constitutional language of Article II of the Constitution, granting “executive power” to the president, they allow the President to implement his policies. Examples of executive agreements include when President Franklin Roosevelt broke the record for most executive orders issues, among them, the executive order that led to Japanese-American internment camps in World War II. A more recent executive order was passed in 2012 by President Barack Obama, which halted the deportation of hundreds of thousands of illegal immigrants who were brought to the United States as children. President Obama also issued an executive order that raised the minimum wage for federal workers from $7.25 an hour to $10.10 an hour. (Koba) It is the President’s responsibility for formulating US foreign policy, they have the power to make treaties with foreign nations (with the advice and consent of the Senate). They can also negotiate with nations separately or through international organizations such as the North Atlantic Treaty Organization (NATO) or
the United Nations. In addition, the President has the power of diplomatic recognition, which grants the President the power to grant or withhold legitimacy to or from ruling groups from all over the world. A few examples of United States Presidents exercising this power is in 1933, when Franklin Roosevelt recognized the Communist regime, 1972, when Richard Nixon recognized the People’s Republic of China, and the recognition of the Castro government in Cuba. (Dye, Gaddie) Article II, Section 2 of the Constitution states that, “The President Shall Be Commander in Chief of the Army and the Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.” Although Congress has the power to declare war, the President is Commander in Chief of the Army and Navy, thus allowing him to order US forces into foreign military action. This power has been in use since the earliest days of America by famous presidents such as John Adams when he ordered US naval force to attack French ships from 1798-99, or Lyndon Johnson’s and Richard Nixon’s conduct of the Vietnam War, or President Obama’s withdrawal of military forces Iraq and increase in troops in Afghanistan (Dye, Gaddie)
In conclusion, both Congress and The president of the United States possess powers and abilities that can be used to counteract the wishes of each other. Congress, although having the power of the purse and ability to influence foreign affairs, remains more powerful in Domestic affairs. The President of the United States with his power to make executive agreements, executive orders, and his power to grant or withhold recognition makes him more powerful in foreign affairs.
power to create executive agreements that do not require senate confirmation, and the presidents most powerful weapon in dealing with congress, the power to reject a legislative act by the executive branch, known as the veto. Although the president has the ability to carry out powerful actions, congress themselves have privileges and powers as well. These powers include the power of the purse, which details that congress has all power over federal taxing and spending, the power of advice and consent, which enables the senate to reject or ratify treaties made by the president, and the power of oversight which enables congress monitor the activities of executive branch agencies to ensure laws are being faithfully executed. (Dye, Gaddie)
Despite the powers and abilities of each branch of government being specifically designed to counteract each other in hope that no branch possesses too much power, the debate as to who possesses more power in domestic and foreign affairs, the president or congress, still exists today.
Congress is a powerhouse, by having the power of the purse, power to make law, power to declare war, and the power of oversight investigation, it makes it far more powerful in domestic affairs than in foreign affairs. Only congress can “lay and collect Taxes, Duties, Imposts and Excises” (Article I, Section 8), and only Congress can authorize spending: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law” (Article I, Section 9). This power allows Congress the ability to control domestic and foreign affairs. The most important bills that Congress review every year are budget resolutions, that set ceilings on various categories of expenditures. In this way, Congress can decide how much money to appropriate to foreign aid, or foreign military affairs. An example of Congress using this power was in March of 2011, when President Barack Obama issued an executive order to close down the prison known as Guantanamo Bay. Congress was able to stop the President’s actions by attaching language to a spending deal that banned the use of federal dollars and made it too critical for President Obama to veto. (Johnson) Under the US Constitution, war-making powers are divided between Congress and the President. Congress has the ability to declare war as stated in the Article I, Section 8, Clause 11, which says, “The Congress shall have Power…] To declare Ware, grant Letters of marque and Reprisal, and make Rules concerning Captures on Land and Water”. While on the other hand, the President is constitutionally authorized as commander-in-chief, and responsible for leading the armed forces. Presidents have exercised their own authority to send troops into combat where threats were imminent, such as involvement in Vietnam during the 70’s. These actions caused backlash and in turn, Congress passed the War Powers Resolution in 1973, which stated that the President must consult with Congress before sending US troops into hostile situations, report commitment of US forces within twenty-four hours, and end military action within sixty days if Congress does not declare war or authorize the use of force. (Library of Congress) Congressional oversight of the federal bureaucracy is a powerful tool that lets congress oversee the activates of the executive branch. Its intended purpose was to determine whether the purposes of laws passed by congress are being spent as intended, but it is used instead to influence executive branch decisions, secure favorable treatment for friends and constituents, embarrass presidential appointees, undercut political support for particular programs or agencies, lay the political groundwork for budgetary increases or decreases for an agency, or simply enhance the power of congressional committees and subcommittees. (Dye, Gaddie) Congress has used this power in investigations such as the Iran-Contra Affair and the intelligence problems that occurred before the 9/11 attacks. This power was also used in investigating the Justice Department’s conduct in a gun sting known as the “Fast and the Furious” operation and the scrutiny into circumstances surrounding the September 2011 attacks on a US consulate in Libya. (Johnson)
On the other hand, the President of the United States with its power to make executive agreements, to make executive orders, to grant or withhold diplomatic recognition to or from ruling groups in the world, and his power as commander in chief, makes it more powerful in foreign affairs than in domestic affairs.
The president has the power to issue executive agreements which is an agreement entered into between a foreign government and the executive branch of United States. An executive agreement binds the United States with as much force as a treaty, but it is not as formal as a treaty and does not require the approval of the senate. For example, the North American Free Trade Agreement (NAFTA), entered into January 1, 1994, that created one of the world’s largest free trade zones and laid the foundations for strong economic growth in the United States, Mexico, and Canada. The President’s ability to issue executive orders derives from the vague constitutional language of Article II of the Constitution, granting “executive power” to the president, they allow the President to implement his policies. Examples of executive agreements include when President Franklin Roosevelt broke the record for most executive orders issues, among them, the executive order that led to Japanese-American internment camps in World War II. A more recent executive order was passed in 2012 by President Barack Obama, which halted the deportation of hundreds of thousands of illegal immigrants who were brought to the United States as children. President Obama also issued an executive order that raised the minimum wage for federal workers from $7.25 an hour to $10.10 an hour. (Koba) It is the President’s responsibility for formulating US foreign policy, they have the power to make treaties with foreign nations (with the advice and consent of the Senate). They can also negotiate with nations separately or through international organizations such as the North Atlantic Treaty Organization (NATO) or
the United Nations. In addition, the President has the power of diplomatic recognition, which grants the President the power to grant or withhold legitimacy to or from ruling groups from all over the world. A few examples of United States Presidents exercising this power is in 1933, when Franklin Roosevelt recognized the Communist regime, 1972, when Richard Nixon recognized the People’s Republic of China, and the recognition of the Castro government in Cuba. (Dye, Gaddie) Article II, Section 2 of the Constitution states that, “The President Shall Be Commander in Chief of the Army and the Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.” Although Congress has the power to declare war, the President is Commander in Chief of the Army and Navy, thus allowing him to order US forces into foreign military action. This power has been in use since the earliest days of America by famous presidents such as John Adams when he ordered US naval force to attack French ships from 1798-99, or Lyndon Johnson’s and Richard Nixon’s conduct of the Vietnam War, or President Obama’s withdrawal of military forces Iraq and increase in troops in Afghanistan (Dye, Gaddie)
In conclusion, both Congress and The president of the United States possess powers and abilities that can be used to counteract the wishes of each other. Congress, although having the power of the purse and ability to influence foreign affairs, remains more powerful in Domestic affairs. The President of the United States with his power to make executive agreements, executive orders, and his power to grant or withhold recognition makes him more powerful in foreign affairs.