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The succession follows the order of Vice President, Speaker of the House of Representatives, President pro tempore of the Senate, and then the heads of federal executive departments who form the Cabinet of the United States. The Cabinet currently has fifteen members, beginning with the Secretary of State, and followed by the rest in the order of their positions' creation. Those heads of department who are ineligible to act as President are also ineligible to succeed the President by succession, for example most commonly if they are not a natural-born U.S. citizen. In 1792, Congress passed the first presidential succession act. This act was fraught with political wrangling between the Federalists and Antifederalists, as much early U.S. policy
The executive branch makes laws official. The president is the head of the executive branch. There is a separate judiciary and interpreter of laws. The relationship between national and state powers was good because states make and enforce their own laws.
The High Court of Australia had unanimously held that there was an implied freedom of political communication where the Australian constitution consists of a system of responsible governments that can only become effective if Australian citizens have a constitutional right to freely communicated on government and political matters. There are 2 limbs in the test derived from the case of Lange v Australian Broadcasting Commission. CITE The first limb is whether the law burdens the freedom to political communication on government and political matters, the second limb is whether the law is consistent and appropriate towards the system of representative and responsible government. In order to determined whether the law is valid or invalid, if
Alexander Hamilton longs to compare the judicial to the other branches of government and, based on his findings, concludes that the judicial branch therefore is the least harmful to the rights of the Constitution. He says it has “neither Force nor Will but merely judgment”. This makes the judicial branch seem weak because with his statement, Alexander Hamilton connects the executive branch have the authority of ‘force’ being that it allows decision making within the courts. Alexander Hamilton also relates the ‘will’ to the cannot stand as activist based on the legislative branch. I agree with Hamilton on his opinion of how the judicial branch strands distinct from the others because it is in fact true to that the legislative and execute branches hold more weight in causing more danger to the rights of the Constitution than the
The Constitution left it up to the President to decide whether or not he needed to appoint more people to help him, and George Washington took this statement to mean that he could create an official group of expert advisors to help him make important decisions on, or when he needed political advice. In order for the President to establish a cabinet, he must tell the Senate of who he is planning to appoint, and then the Senate must confirm
The Executive Branch can curb the Legislative Branch
Throughout history , presidents have taken different steps in abusing the executive orders and other presidential directives. Many citizens expressed different views over the executive abuse and benefits the presidents have. The increased use of executive legislation in the absence of challenges from Congress has expanded the power, boundaries, and pose a serious threat to the democracy.
The Framers of the United States Constitution intended for the idea of separation of powers to be a conceptual idea that kept one single branch of government from becoming tyrannical. This “idea” may have become misconstrued since the Framers first drafted the United State’s Constitution in 1787. For example, immigration has become an increasingly growing issue within the United States justice system. Consequently, the branches are having a power struggle over the authority of what laws are going to be made, how they are going to be enforced, and how they are interpreted. Article one, Section eight, Clause four of the United State’s Constitution gives Congress control over all immigration matters.
Under the Articles, only Congress had the controlling power as unicameral government. However, under the Constitution, there are three branches comprising the Executive, the Legislative, and the Judicial. The Executive is referring to the United States President in terms of practicing the laws. The Legislative means that the Congress and the Senate are responsible for making laws. In terms of Judicial, the Supreme Court and Federal Courts are created to interpreted the laws.
The use of these powers determine if the president is going beyond the limits of the office. Many argue that the president has abused these powers with the use of the Unitary Executive Theory, which states that the Constitution puts the president in charge of executing the laws, and that nobody can limit the president’s power when it comes to executive powers. It therefore tips authority from Congress to the presidency, upsetting the power of checks and balances.
The birth of the United States of America began with the Declaration of Independence. The Declaration set the standard of justice for which the country would move towards overtime. The Declaration also provided guidance for the constitution. One of the major themes that demonstrates this connection is the institutional design of the executive. This is greatly evidenced through the grievances stated in the Declaration and it’s clear that these greatly influenced the design of the executive in the constitution starting with the term limit, and overall structure of the the executive branch.
THE PRESIDENT AND HIS EXECUTIVE POWERS The President of The United States of America (hereinafter referred to as “the President”) is one of the most powerful people in the world. This may be attributed to the executive powers that are vested in him. For the purpose of this paper I will discuss two of his executive powers. First, the President is vested with the power to veto any legislation that he thinks is unfit.
In other words, Congress grants delegated powers to the president. The Constitution is especially concise when it gets to the heart of the presidency: the powers and duties of the chief executive. It grants the president a limited number of expressed powers, or explicit grants of authority. Because the vagueness of the constitution and because the courts are being biased towards the presidential power, over time the president’s power has evolved into authorities much more powerful than the Framers would have ever imagined.
These cabinet members are chosen by the president himself and approved by the U.S Senate by vote. The Legislative Branch has two groups including
The executive branch can check the laws congress wants to pass and can veto them if he disagrees. The Legislative branch can check the executive by accepting the already vetoed law and can impeach or fire the president out of office. The Justice Branch can make sure peoples rights and liberties are being followed and check if the laws follow the constitution's rules. In the text, it says “To further limit government power the framers provided for separation of powers the constitution separates the government into three branches Congress of the legislative branch makes the laws. The executive branch headed by the president carries out laws.