Can the President of the United States impose his policy?
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The Constitution of the United States of September 17, 1787 is the oldest written constitution still in force. This is quite exceptional, especially with regard to the history of France, which deserves to be mentioned. Although it has been amended several times, the original intention of the "Founding Fathers" (Washington, Franklin, Hamilton and Madison) was kept as a whole. Balance is the golden rule. It is through its ability to adapt with the changing times that it has managed to endure. Moreover, the Constitution is partly the cause of modern constitutional law, introducing a system of separation of powers, the supremacy of the Constitution and republican form of government. Each branch is a specialized function and the balance is secured by a mutual right to prevent the other to act. Drawing their inspiration in the texts of Locke, with ?Natural law?, and in the writings of Montesquieu, ?The separation of powers?, the Founding Fathers, applied separation both vertically (federalism) and horizontally (strict separation of the executive, deliberative (legislative) and judicial (court)), while ensuring liberalism.
The strict separation of powers finds its application in a presidential system, where Congress has all legislative power, where the executive has a veto, but where the President is not accountable to Parliament and he has no right of dissolution. The powers-reigns are then better protected. But more than a system of rigid separation of powers, the United States have established a collaboration of government, where bargaining is the master of well-functioning institutions. There is no complete specialization of the organs in their function, but rather a reciprocal control between the executive and legislative branches, balances guaranteed by the Supreme Court.
The predominance of Congress asserted itself until the late nineteenth century. But it is especially since the thirties, with Franklin D. and Roosevelt during the Second World War that the preponderance of U.S. President was asserted, becoming the keystone of the system. It should be noted that the prerogatives of the President have becoming increasingly important as the United States have established themselves as a world power. We can add that the expansion of presidential power has been through the unification of the nation by U.S. President, in a federal state where he is the only elected by the general population (even if it is an indirect suffrage). The presidential institution, however, was weakened in 1973 after the Watergate scandal. Thus, to what extent can the institutions of the United States control the presidential drift?
In view of the role of the United States in the world and the preponderance of the Executive in foreign policy, the President has all the cards to see his policy largely imposed on the Congress.The U.S. regime has customary extension of the powers of the executive, which guarantees its power. Nevertheless, the President is not omnipotent, the balance of power established by the Constitution limiting the fact.
The President derives his power from his first popular election. But it is also independent of other powers, and especially he is both head of state and head of government, which is unique in parliamentary systems. He therefore has his own functions as head of state, but he also acts on the Congress, through various means, more or less formal.
Tags: US presidential powers, separation of powers, Executive, Legislature, Judiciary