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THE EXECUTIVE BRANCH (ENUMERATED POWERS (AIIS3 ("Shall give Congress…

- - - - No constitutional budgeting power BUT 1921 Budget and Accounting Act - resp. for an annual budget proposal
- - - - Consitutional Scholars: The president is in charge of the executive branch BUT some say the President can use this to defend themselves when using powers not listed in the const.
    - - Scholars say this is a command, telling president to execute ALL laws, not just the ones they like, Others say it is a remined that the president has the POWER to enforce laws, and can decide how they are implemented
      - EXECUTIVE ORDERS: From pres to government officials/agencies, tells them how to enforce laws, have the full force of law! Recorded in ederal register
        
        Historical Examples:
        
        1957: 10730 - 2000 federal troops to protect black students at newly integrated school
        
        1961: 10925 - Federal contracters had to take Affirmative Action
        
        1948: 9981 - Banned racal discrimination in the US army = leads to desegregation! Could not force private businesses to, but could decide hiring policy of army as he was commander in chief!
        
        CONTROVERSIAL: Checks on them are limited! Supreme Court usually upholds them, and if Congress dislikes one they can only take away funding BUT new presidents can hold old presidents to account and introduce new ones to replace old ones
        
        OBAMA 2014: STATE OF THE UNION - openly said "whenever he can take steps without legislation" he will
        
        Federal Minimum Wage 2014, 13658, federal contracters HAD to pay employees at least $10.10 an hour
        
        Defended himself against accusations of dictatorship - said he was issuing exec orders at the lowers rate in more than 100 years!
        
        Technically right, BUT has made huge changes WITHOUT issuing exec orders
        
        eg. Immigration Laws - currently 11 million undocumented immigrants, lots working illegal labour jobs = Obama authorises Dep of Homeland Security to take action! June 2012, Dep sent memo to 3 different federal immigration agencies, telling them to allow 800,000 children who had arrived illegally to stay! DACA
        
        Obama forcing officials to practice Prosecuorial Discretion! ie. Federal prosecutors have to pick and choose which cases to work on due to limited resources - orders tell agencies to focus on deporting criminals rather than kids, DACA
        
        Nov 2014: Takes it one step further with DAPA - agencies now told to include adults, allow them to apply for work permits (living for 5 years, child born in America, background check, taxes, and reapply every 3 years) - 3.7 million qualified!
      - SIGNING STATEMENTS: When presidents sign bills, they ca offer commentary. Controvery: recent presidents use it to say proivisons infringe their executive power!
        
        GW Bush: Challenged almost 1200 bills!
        
        Obama: 2014 National Defence authorisation Act - Authorises $662 billion in defence, allowsmilitary to detain US citizens suspected of terrorism without trial - Obama signed, but challenged 20 sections "my administration will not authorise indefinite military detention without trial" Also required Sec of Def to notify Congress 30 days before transferring anyone from Guantanamo Bay - Obama said this would not happen, as exec branch must have flexibility in conductiong negotiations! -> June 2014, Obama trades 5 Talibans held at G for release of Army St Bowe Bergdahl - Congress not informed!