The United States’ Constitution Supremacy of Congress and President
Name
Institutional Affiliations
Introduction
The United States Constitution provides a framework for checks and balances in the branches of the national government. The checks and balances are systems of mutual influence and control that focus on the enshrined aspect of the federal powers. Therefore, each branch can interact in a balanced as well as equitable way. The separation of branches provides an essential approach and element contextualized in the Rule of Law, as stated in the United States’ Constitution (Sagepub.Com, 2019). Times in history have demonstrated that unlimited political power bestowed on an individual or group curtails the expression of powers by others. The power separation in terms of democracy is aimed to prevent a group or individual power abuse and also protect inclusive freedom (Bomberg, 2017). When the three government branches share power and check each other, it means that there is no individual, a group of institutions can be so powerful to destroy other systems in a democratic society. The power check and balance between the Presidency and Congress ensure no government branch is powerful than the other. Congress is not more powerful than the Executive, and the Executive is not powerful than Congress.
Historical background
The people involved in framing the constitution of the United States created a system that divided the power of the three branches of the federal government that includes the judicial, executive, and legislature. The system also included limits and various controls on the capacity and power of each federal branch. Separation is also known as trias politca and was created by Charles Secondat in the 18th century. Charles Secondat was a French philosopher expert in political and social philosophies. The publication titled Spirit of the Law is one of his most exceptional works in the theory of political history as well as the context of jurisprudence (Wright, 2012). The publication was a source that inspired the contents of the United States Constitution as well as the declaration that contextualized the right of man. The constitution is obliged to parcel out the aspect of relation powers between the Legislature and Executive.
The context of the divided system of government frameworks functions in the aspect that one party is controlling the Executive, and the other party is controlling the Congress in the legislative branch. The division of the federal government is essential and has many advantages in the model of governance. The said model is the separation of power in which every state branch is entailed to independent powers as well as responsibilities. The constitution and the principles of governance ensure that power conflict between the branches is minimized. The degree of the Executive to control Congress is the scale used in determining the strength of a president in the United States. The political strength includes aspects such as ratification of treaties, approval of judges and cabinet members, and the passage of sponsored legislation. The model of separation of power and the supremacy battles between the Executive and the legislature has continued to pose complex ethical, political, social, and legal questions in the United States that are caused by conflicts of interest and supremacy proxy wars.
Constitutional powers of Congress
The legislative branch of the government in the United States was created in 1789. The founders of the Congress projected to give it exceptional powers against the Executive and also the Supreme Court (Wolfenberg). However, in the process, many balances and checks were placed and consequently prevented the aspect of absolute power in the Congress. The Congress founders used to control power by creating bicameral as well as checks (Wolfenberg). Therefore, Congressional power is both evolutionary and constitutional. Granted by the United States’ Constitution, the authority to amend and make laws is the most potent role and power of the Congress. Congress has the power to pass a bill and also proposed laws. This means that no bill can be put into law if it does not pass the approval of the Congress (Mann, 2010). The power and roles of the Congress are enshrined in Article one in the 8th section of the constitution. Congress has the power to declare war, regulate commerce, coin money, and also establish rules pertaining to immigration and jurisdiction of the federal court, among others.
Constitutional powers of Executive
The executive powers of the United States’ President incorporate all the powers that are explicitly stated in the second article of the constitution. The powers of the president include powers that are attached to the seat of the presidency, implied powers, and the acts passed by the Congress (Jacobson, 2013). The president is explicitly assigned the powers to veto or sign legislation adjourn or convene the Congress, to pardon and reprieve, appoint and receive ambassadors, make treaties and seek the opinion of the cabinet. Moreover, the president is the commander of the armed forces, and thus, he can direct the country into war. The most important power assigned to the presidency is being the commander in chief of armed forces (Love & Garg 2013). The president is responsible for formulating military strategies. The president of the United States also has the power to direct foreign policy, such as the protection of the nationals of Americans in foreign countries and within the United States.
Examples of political tensions between Congress and the President
There are several political tensions in the context of power between the president and Congress. For instance, according to the War Powers Resolution, the president can lead the country into war. However, Congress is also imposed by the same resolution to authorize the deployment of troops for more than 60 days. The process depends on the mechanism that triggers the action. Congress checks the president military power in terms of spending and regulation (Goldgeier & Saunders, 2018). A good example of this tension is during the Korean War in which President Roosevelt was ready to deploy the troops to war but had to seek the authority of the Congress. Another example was the proposal of the current president of the United States, Donald Trump, when he wanted to start building the Mexican walls. The initiative was met with resistance from Congress, and this disabled Trump’s dream to separate the US from Mexico.
Analysis and Samples
In conclusion, Article II of the United States constitution makes a reflection of the ambivalence nature of the framers of the constitution about the power of the Executive. Article I provides specific congressional powers in more detail, and the second article is general and brief. Notably, the presidential power is beyond the context of administration and also a legislative leader. The president possesses power over the process of law-making through veto power. Therefore, in case the president does not approve a bill passed by the members of Congress, the bill dies a permanent death unless the senate and house of representative repass it with more than two-thirds of the members. This aspect indicates that no branch that is more powerful between the Executive and the Congress since all depend on each other to function efficiently.
References
Bomberg, E. (2017). Environmental politics in the Trump era: an early assessment. Environmental Politics, 26(5), 956-963.
Goldgeier, J., & Saunders, E. N. (2018). The Unconstrained Presidency: Checks and Balances Eroded Long before Trump. Foreign Aff., 97, 144.
Jacobson, G. C. (2013). Partisan Polarization in American Politics: A Background Paper. Presidential Studies Quarterly, 43(4), 688-708.
Love, J. A., & Garg, A. K. (2013). Presidential Inaction and the Separation of Powers. Mich. L. Rev., 112, 1195.
Mann, T. (2010). A question of balance: The president, the Congress and foreign policy. Brookings Institution Press.
Sagepub.Com, 2019, https://www.sagepub.com/sites/default/files/upm-binaries/82119_Chapter_10.pdf.
Wolfenberg, Donald. “The Politics And Processes Of Congress”. Wilson Center, https://www.wilsoncenter.org/publication/the-politics-and-processes-congress.
Wright, J. (2012). Thomas Hobbes (International Library of Essays in the History of Social and Political Thought). Edited by Gabriella Slomp. Pp. xxviii, 540. Aldershot, Ashgate, 2008.£ 140.00. Charles-Louis de Secondat, Baron de Montesquieu (International Library of Essays in the History of Social and Political Thought). Edited by David Carrithers. Pp. xli, 584. Aldershot, Ashgate, 2009,£ 165.00.