Article II, Section 1, of the U.S. Constitution provides that “The executive Power shall be vested in a President of the United States of America.” Historically, Congress and the president have interpreted the meaning of the words, “executive Power,” differently. For Congress, “executive Power” is defined by the list of presidential powers in Article II, Section 2; for presidents, “executive Power” refers to powers in addition to those enumerated in Article II, Section 2. In particular, presidents have interpreted “executive Power” to mean that the president can act without the consent of the Congress when necessary to protect national security. Congress, on the other hand, has argued that an unchecked president creates the risk of abuse of presidential authority.
Which interpretation is correct? Should presidents have the authority to act without Congressional authorization when necessary for the nation’s security, or should the president seek Congressional authorization before acting in order to preserve Constitutional checks and balances? You must support your argument with source-cited examples of presidential actions.
notes:
so basically should presidents have the executive order
I would prefer not to talk about Obama and the war powers act because my professor likes to avoid Obama all together (I’m not sure why but I don’t want to say anything negative or positive about the Obama presidency)
Most people I know pulled examples from Truman and Nixon
for executive order:
There are times when you need immediate action that congress can’t offer
the executive order can be overturned by the next administration
it is an important tool to use to fulfill some of the campaign promises they have laid out during the election cycle
in extreme circumstances, they should be able to and whether or not is was a good action would be proven by how successful it was
freeing slaves – emancipation proclamation – executive order – Abraham Lincoln
9/11, homeland security was created
against executive order:
the supreme court can get some input if they deem the executive order unconstitutional however then you have to waste time and resources undoing things that should never have been there in the first place
japanese internment camps were executive order
with the research I looked into, both sides seem like they have a lot of arguments, but we need to choose one for the paper, so whichever one is easier to write, that’s the one we can go with. he says to use the textbook for a lot of the essay but there aren’t that many examples in there. I would look for either “unconstitutional executive orders” or “good executive orders” depending on the side. I’m attaching the textbook too just in case but we can use outside sources for this
here’s the link to the epub of the textbook if you click Cloudflare it downloads it (its too big to attach here) http://library.lol/main/17FB73C6F0069C11F3734877D7B43ADD
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