Linda Pierce
American Government GOVT2011603B-02
D. V. Villarrell
The Branches of the Unites States Government IP2
The United States Constitution has ensured that the US government is divided into three separate branches-the executive, the legislative and the judicial, so there would be checks and balances and that neither one branch can abuse the power vested in it. However in times of war, emergency or a gridlock over a policy decision, the president can use his presidential powers to bypass the other two branches of the government and every president has issued executive decrees. For instance, President Obama has issued presidential orders on immigration and gun control. In the case of immigration, the president signed executive orders that would prevent the deportation of children who were brought in as illegal immigrants, illegal immigrants who do not have a criminal record and those who take care of children. On gun control president Obama signed 23 executive orders that would make information available about history of mental illness during background checks and increase the scope of research about the increase in gun violence (Payne, 2014).
Public policies that have been at issue when using these presidential powers.
Obama’s presidential order on immigration not only brought the issue of the country’s immigration policy, but also that of the public welfare policy, health, security as well as legalization. If accepted by the Supreme Court to be binding, Obama's presidential decree can bring major changes to the immigration policy as well as the access to state welfare for the illegal immigrants. At issue also is the practice of using illegal immigrants as agricultural laborers without giving them any benefits or legal status. There are a lot more issues than just amnesty for certain illegal immigrants as a result of the presidential decree. Public policy regarding health, law and law enforcement are also at issue here. With regards to gun control, Obama’s presidential decree might pave the way for stricter gun control in the future but at issue would be the privacy of the buyer as a detailed background check would reveal much more than what the buyer bargained for. Federal gun policy would also clash with the state laws on gun ownership and use.
Have presidential powers evolved over time, or were they a result of a major event?
Although the presidential powers have evolved over time and has remained fairly constant as the country went through changes, it always spiked during times of war and emergency. As a result of the use of presidential powers during times of war, the wartime presidents have been more powerful than the rest. For instance, Abraham Lincoln used his executive power during the civil war, declared martial law, established military tribunals to try terrorists and also prevented secession of the southern states from the union. George Bush also used his executive powers to declare war on Afghanistan and Iraq.
Evolution of presidential powers is positive for U.S. democracy and does not infringe upon the duties of the legislature.
The evolution of presidential powers is indeed positive for the US democracy and it does not infringe upon the duties of the legislature. Certain policy decision have to be enacted within a certain time frame to make it effective. A bill on abortion, gun control or, for example immigration is more effective when it is passed on time. Wrangling in the Congress over policy decisions will only make matters worse and result in time being wasted. In such cases, an executive order that is also accepted and passed by the Supreme Court would only be helpful and would not infringe on the duties of the legislature. Also not all executive orders will become law as the states and the congress can fight it and the final outcome is dependant on the Supreme Court. The Supreme Court can also act as a major deterrent to the Executive privilege claimed by presidents as has happened in the case of Nixon (Watergate), Clinton during the Lewinsky scandal (Amar & Katyal, 1995). In most cases, because of the power of the judiciary (to curtail any abuse), executive orders can only be beneficial for democracy as it would fasten decision making and help people.
References
Payne, Sebastian. (10 July, 2014). How Obama has used executive powers compared to his predecessors. Retrieved from: https://www.washingtonpost.com/news/the-fix/wp/2014/07/10/how-obama-has-used-executive-powers-compared-to-his-predecessors/.
Amar, Akhil Reed and Katyal, Neal Kumar. (1995). Executive Privileges and Immunities: The Nixon and Clinton Cases. Faculty Scholarship Series. Paper 990. Retrieved from: http://digitalcommons.law.yale.edu/fss_papers/990.
