The U.S. Constitution

Paper Summary:

This paper reviews the doctrines of 'separation of powers' and 'checks and balances' and explains how Article II and other parts of the Constitution provide broad powers to the executive. It also discusses the ways in which U.S. Presidents have used these powers and exploited their position to strengthen the executive branch and deny other branches of the government.

Outline:
Jeffersonian Perspective on the Concentration of Powers
How & Where are "Separation of Powers" & "Checks and Balances" Incorporated in the Constitution?
Ways in Which Article II Gives the President Wide Ranging Powers
Executive Power as Check and Balance
The Power Grab by the Executive
Conclusion

From the Paper:

"Among the Founding Fathers, Thomas Jefferson was perhaps the most suspicious of concentration of powers and took the concept of 'separation of powers' most seriously. Even though, powers of the legislative branch (the Congress) were of most concern at the time of the framing of the Constitution, Jefferson had enough wisdom and vision to foresee that the executive had the most room for "doing mischief" in the future. Hence, he was unhappy about the lack of term limits for the president in the original US Constitution; he feared that in time, the president would become "an officer for life," more like an elected monarch rather than someone the public had temporarily placed their trust in to do good for them."

Sample of Sources Used:

• Bergen, Jennifer Van. "The Unitary Executive" Find Law: Legal News and Commentary. January 09, 2006. November 17, 2006. <http://writ.news.findlaw.com/commentary/20060109_bergen.html>
• Dean, John W. "The Problem with Presidential Signing Statements: Their Use and Misuse by the Bush Administration." Find Law: Legal News and Commentary. January 13, 2006. November 17, 2006. <http://writ.news.findlaw.com/dean/20060113.html>
• ----------------. "Vice President Cheney and The Fight Over "Inherent" Presidential Powers" Find Law: Legal News and Commentary. January 13, 2006. November 17, 2006. <http://writ.news.findlaw.com/dean/20060210.html>
• Gaziano, Todd F. "The Use and Abuse of Executive Orders and Other Presidential Directives." The Heritage Foundation. February 21, 2001. November 17, 2006. <http://www.heritage.org/Research/LegalIssues/LM2.cfm>
• Lazarus, Edward. "How Much Authority Does the President Possess When He Is Acting as "Commander In Chief"?" Find Law: Legal News and Commentary. January 05, 2006. November 17, 2006. <http://writ.news.findlaw.com/lazarus/20060105.html>

More papers on The U.S. Constitution:

• Term Paper # 121432 : "The U.S. Constitution"
• Essay # 32705 : "The U.S. Constitution"
• Argumentative Essay # 99432 : "Is the U.S. Constitution Color-Blind?"
• Research Paper # 95044 : "The U.S. Constitution and Information Policy"

APA Citation:

MLA Citation: