View Single Post
  #5  
Old Thursday, October 27, 2011
shallowwater's Avatar
shallowwater shallowwater is offline
Senior Member
Medal of Appreciation: Awarded to appreciate member's contribution on forum. (Academic and professional achievements do not make you eligible for this medal) - Issue reason: Qualifier: Awarded to those Members who cleared css written examination - Issue reason: CE 2011 - Roll no 1127
 
Join Date: Jan 2007
Location: Faisalabad
Posts: 845
Thanks: 249
Thanked 876 Times in 334 Posts
shallowwater is a name known to allshallowwater is a name known to allshallowwater is a name known to allshallowwater is a name known to allshallowwater is a name known to allshallowwater is a name known to all
Post Q. no. 5. U.S President.( His Powers and Position)

The government of the United States is of the republican type. This implies that the head of the state is president. He is not only the head of state but also the chief executive powers shall be vested in the president of the United States. He should hold his office during a term of four years. “He is the head of state but also the chief executive.

The constitution declares in Art.2, “The executive powers shall be vested in the president of the United States. He should hold his office during a term of four years. “He is the head of executive in name as well as in fact.


Powers and functions:

The U.S president is the most powerful executive of the world. He exercises the greatest amount of power ever wielded by a man in a democracy.

Prof. Laski correctly summarizes his position, when he says:
“The U.S president is both more and less than a king; he is also both more and less than a Prime Minister.”


Dictators and absolute monarchs apart, he is the most powerful single executive in the world. He is at once the chief formulator of the public policy, the leader of a major political party, Chief architect of the U.S foreign policy and the chief spokesman of United States in foreign relations.

It is difficult to believe that the modern presidency was created in this form by the founding fathers.

They never intended to do anything that would lead directly or indirectly to the accumulation of powers. What they desired to have a single executive head, a post of honor and leadership, rather than that of commending authority. The modern presidency is the result of practical experience.


A. Executive Powers:

1. Chief Administrator: The president is the chief executive. The constitution has entrusted upon him the responsibility “to take care that the laws be faithfully enacted “. He is assisted by different government officials in this task.

2. Powers of appointment: The president appoints all the federal officials with the approval of senate. Normally the senate does not interfere in the appointment of ministers, ambassadors and other diplomats. The appointment of the judges of the supreme court in scrutinized thoroughly.

3. Powers of Removal: The president can remove federal officials in his discretion except the judges of the Supreme Court who can be removed only through impeachment.

4. Diplomatic Powers: The foreign relations of united states are almost completely under the general directions of the president, with one very important restrictions that no treaty concluded by him with a foreign power becomes effective unless passed by the senate by 2/3 rd majority. He is the chief spokesman for United States in foreign relations. He appointment different ambassadors and diplomats from abroad. He has the sole power to recognize or reject new states. But all these functions are not performed by him personally. Most of these tasks are performed by the secretary of state.

5. Role in Defense:

The president is responsible for the defense of the country. He is the chief executive and supreme commander of the military and as such appoints a large number of high military officials in his own discretion. Although declaration of war is a matter that falls in the domain of congress but the president may create such a situation that the declaration of war becomes inevitable. After the declaration of war he can resort to emergency powers

6. Supervision of administrative powers:

Over the past 200 years the United States has moved from a system of administration based on a handful of departments to a system manned by almost 3 million people. The largest expansion has occurred in the field of administrative agencies.



B. Legislative Powers:

The U.S government is based on the principle of separation of powers. This means that there is no direct relationship between the executive and legislature. Neither the executive is drawn from the legislature, nor is its term dependent upon the legislature. But absolute independence would have produced deadlocks.

As Madison observed:
“Separation of powers was not to mean that the three branches of the government should be wholly unconnected with each other.”

Thus, by means of checks and balances, a share has been provided in each other’s powers. The president can influence the legislation in the following ways:

1. Messages: The Constitution in Art 2 Sec 3 declares that “he shall from time to time give information of the state of the union to the congress “. The time, place and manner of sending these messages to the congress depend upon the discretion of the president. As a matter of usage, a custom has developed that the president sends a comprehensive message known as the “State of the union message” at the time of beginning of every session in January of each year. This message includes all the proposals items which in the opinion of the president require the consideration of the congress. Apart from these annual messages, he may send special messages from time to time. All these proposals by the president are given consideration by the congress during legislation.

2. Extra ordinary session:
The president has the power to summon both houses of the congress or any one of them on extra ordinary occasions. The agenda of such sessions is also fixed by the president.


3. Presidential veto: Art 1 sec 7 of the constitution gives the power to the president. All the bills passed by the congress have to be submitted to the president, who may give his assent or veto a bill. The bill to which the president withholds his assent is sent back to the house of its origin along with his objections. If the congress again passes that bill with a 2/3 rd majority, it becomes a law without the consent of the president.


4. Executive Decrees:

The president has been authorized to issue executive decrees and orders which are valid as laws.



C. Financial Powers :


The federal budget is proposed by the bureau of budget under the direction of the president. The director of the bureau remains in contact with the president. The bill is presented in the congress on the behalf of the president. Generally, the estimates proposed by the president are approved by the congress. During an emergency the president may spend as much money as he wants in his own discretion.



D. Judicial Powers:


The president appoints the federal judges with the approval of the senate . The president grants pardons and general amnesty. Constitution declares in Art 3 Sec 2 that
“The president shall have powers to grant reprieves and pardon for the offences against the United States, except in the cases of impeachment.”



E. Miscellaneous Powers:

The president, as head of state, receives foreign heads of the state in his country. As a leader of his party, he plays an important role in selection of various officials for different elected bodies. He is an ex-officio member of various bodies.



Conclusion:

Lord Bryce in “American commonwealth” comments:
“The president is the nearest and the dearest substitute for a royal ideal, which the American possess”
----------------------------------------------------------
__________________
CSS 2009, 2010, 2011 Qualifier
Reply With Quote
The Following 4 Users Say Thank You to shallowwater For This Useful Post:
aristotlekhan (Tuesday, October 02, 2018), Layth (Tuesday, December 13, 2016), mjkhan (Thursday, October 27, 2011), Zara Khwaja (Saturday, April 13, 2013)