Question

Should the modern President have imperial power and treat the Congress and Courts as advisors to implement his orders to get things done. Or should we go back to the Constitutional idea that Congress, specifically the House, be the governor of the country and protector of the people with the President staying out of domestic issues?

Answer 1

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Abstract

The Imperial Presidency can play an importatant role while performing enormous discretionary power to respond to national security crises and uncertain dangers is concentrated in the office of the president

The president can issue rules, regulations, and instructions called executive orders, which have the some important force of law upon federal agencies but do not require approval of the United States Congress.

A) The Presidency and the Imperial Power

It does not set any term limits on how long a person may continue to serve as president but out the basic requirements that one must have in order to become president: Presidents have power over U.S. diplomacy and have surpassed Congress in or dictatorial areas, raising legal and ethical questions regarding its use.

The president can influences control over the bureaucracy by:

1. Appointing agency directors and subheads with Senate approval issuing executive orders compelling an agency to do or not do something.
2. Increasing or decreasing an agency's budget through the Office of Management and Budget

President should have imperial power due to following main reasons :

The president had the responsibilities to conduct ongoing wars and ongoing foreign relations, and to respond to sudden attacks if Congress were not in session. As the United States became a great world power and then a superpower, the presidency acquired more war powers despite the Constitution

The Imperial power gives the president of the United States the power to run the executive branch and to issue executive orders. Imperial power comes from the Constitution and the acts passed by Congress

Another reason to predict a bright future for the Imperial Presidency is that the principle of pre-emptive warfare as a central strategy to protect against terrorist attack. Even more than the Cold War policy of containment did, this strategy tends to concentrate power in the executive

Therefore Modern President should have imperial power and treat the Congress and Courts as advisors to implement his orders to get things done

B) Following are the main reasons why we should not go back to constitutional ideas

1. Four relevant powers denied to Congress in the U.S. Constitution namely 1. the Writ of Habeas Corpus 2. Bills of Attainder and Ex Post Facto Laws 3. Export Taxes and 4. the Port Preference Clause
2. The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures.
3. The U.S. Constitution gave the federal government more power and allowed them to effectively levy tariffs. Laws were passed and they had to be followed. The U.S. Constitution influenced the constitutions of many nations.
4. The Constitution created checks and balances and there is no any role of congress while implementing this laws.

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