POTUS is the Power to Persuade Essay (Against points (Other enumerated…
POTUS is the Power to Persuade Essay
Lots of Checks and Balances
Congress can override exec orders
Uses persuasion methods such as
Inviting young reps to meetings as they are more impressionable and easy to form support with
Vice President may have great influence
Whilst the numerated powers are subject to checks, Executive orders are able to overcome many of these
Imperial presidency concept: The President has become more powerful than stated in the constitution.
Commander in Chief has far greater power
Other enumerated powers have great weight
Evaluation/ Evidence against
Whilst some executive order may be overturned, the majority of them are not and can be hugely significant
The role of commander and chief, tied with executive orders, means that despite military action being a role of Congress, wars are still fought.
Iraq War was an executive order
Evaluation/ Evidence in support
Judicial Checks from Supreme court that limits POTUS
For example Nixon vs US 1974, Nixon refused to hand over tamps and papers about Watergate. Sup Court ruled unanimously that Exec Privlidge doesnt make POTUS above the law
Rasul Vs Bush 2004, Detainees at Guantanamo bay without trial were ruled to be allowed Habeus Corpus against the wishes of bush
Hamdan V Rumsfeld 2006 ruled that Congress, not POTUS, had the power to make military...
Boumediene v Bush 2007, the SC ruled that he MC Act was unconstitutional
Obama issued executive order to close guantanamo bay, but Congress said that was legislative and so refused to do so.
Joe Biden was a senator for 35 years before being vice president, and is well respected, so was able to persuade senators for Obama
President Ford wrote an article after his presidency saying that the position of POTUS is far too weak as it is unable to guide the uncontrollable federal bureacracies