Presidential and Congressional Powers

Paper Summary:

This paper examines how the powers between the President and Congress are defined in the U.S. Constitution. The paper begins with an overview of the powers of the Executive Branch as outlined in Article II of the Constitution. This is followed by a detailed discussion of the Legislative Branch's exact powers and discusses why the process is divided into three forms of legislation. The paper also discusses that the reason so much power was given to Congress was to guarantee that the needs of the people were adequately addressed and respected. This basic philosophy is one of checks and balances, where the Congress can make the laws, but it is only the President, or Executive Branch that can enforce these laws in order to insure that the country remains a democracy.

From the Paper:

"Where Congress can fund and form a military, the President is the Commander in Chief of all the armed forces. As such, he has the power to decide when and were military forces are sent and how they are employed. The significance of this power has been demonstrated in conflicts from Vietnam until now where the President has routinely utilized military powers to assert American will around the world without first getting the approval of congress. The President also has the power to grant reprieves and pardons, to make treaties, to create and manage agencies that form the various functional enforcement system (enforcement of legislation). The President is granted the power to appoint, under congressional review, individuals to the cabinet (Federalist Papers 67-77)."

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