There exists various theories that attempt to catalogue how the executive exercises its powers. However, the predominant two dealt in this work are constitutional theory and the modern theory on the presidency. While both model acknowledges the presidency as a constitutionally set out office, they differ in the powers of the office holder. Constitutional theorist view Article II of the constitutional as the exclusive source of presidential powers of the presidency. Modernists on the other hand, posit that the head of the executive as any powers that are not judicial or legislative. Such a difference in roles account for their differing ...
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Law 4900
4:10 pm Introduction In the United States (US), the judiciary holds the authority to conduct constitutional decision-making, in which they interpret the US Constitution accordingly whenever they confront specific cases that involve its provisions. There are at least three approaches to constitutional decision-making: originalism, living constitutionalism and minimalism. Each of the three approaches of constitutional decision-making have different ideological bases – originalism deems the meaning and intent of the framers of the US Constitution as important, living constitutionalism takes into consideration the various societal changes and minimalism emphasizes the importance of case-specific interpretations, being perhaps the most moderate ...