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Executive Branch Term Paper

Politics The Constitution delineates the powers related to the different branches of government, the judicial, legislative and executive. This breakdown is outlined in Article II. In Section 2, the President is appointed the Commander-in-Chief of the Army and Navy. The President also has the power to make treaties, appoint ambassadors, other public ministers, judges of the Supreme Court, with the advice of the Senate. The President may appoint lower officials without the Senate's approval, and the President may fill vacancies during recess of the Senate. The President also has the power of veto over laws presented to him by Congress.

The President also has powers that have been granted by Congress. As head of the executive branch, the President has extensive power within that branch to guide funding and projects, and to make appointments. The President can utilize what are known as executive orders, which apply to people working within the executive branch, who follow these orders on the basis of their duties.

Within this context, the Presidency has maintained the same powers it has always had within the Constitution. For example, the power of veto has not been altered in this time. There are prior era where the President exercised much greater veto power than in the present era. For example, Franklin Roosevelt issued 635 vetoes, and Grover Cleveland 414. The last four Presidents combined has issued 85 vetoes, compared with 78 for Ronald Reagan. Thus, there is no evidence, either at the legal level nor at the output...

By virtue of commanding the executive branch, the President has the authority to guide the use of resources within that branch. Again, there is no evidence that the use of executive order has expanded. Franklin Roosevelt utilized 3522 executive orders, but in the last several decades usage has remained relatively stable, in the range of 150-200 per term, with Barack Obama having the lowest rate of executive order of any President since Rutherford B. Hayes (Peters, 2013). There has been criticism, however, that the nature of executive order since Reagan has changed, for example the use of executive order to change the spirit of the Safe Drinking Water Amendments of 1986 (Covington, 2012).
There is no evidence in the above facts that the power of the President has grown in the past few decades. Versus the judicial branch, the Supreme Court overturned Clinton's executive order 13155 in Alexander v. Sandoval and E.O. 12954 as well, highlighting that the judicial branch still has the power to check the actions of the President. Congress retains the power to make laws. President Obama has only issued two vetoes, indicating perhaps that the House of Representatives has trouble writing legislation that can get past the Senate, let alone the President. If there are issues with getting laws passed, they lie with the branch that is not working hard enough to write laws that will get passed. The system works when the…

Sources used in this document:
References

Covington, M. (2012). Executive legislation and the expansion of Presidential power. Vanderbilt Undergraduate Research Journal. Vol. 8 (2012) 1-8.

Marshall, W. (2008). Eleven reasons why Presidential power inevitably expands and why it matters. Boston University Law Review. Vol. 88 (2008) 505-522

Peters, G. (2013). The American Presidency Project / Executive Orders. American Presidency Project. Retrieved December 2, 2014 from http://www.presidency.ucsb.edu/data/orders.php

US Constitution, Article II. Retrieved December 2, 2014 from http://www.law.cornell.edu/constitution/articleii
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