Monday, December 30, 2019

The Clause And Other Clauses Of The Constitution - 1656 Words

The vesting clause and other clauses of Article II of the Constitution vaguely define the powers and duties of the President, allowing the presidential power to be flexible enough to adapt to times of national emergency. Through the system of checks and balances, the president’s immense powers are limited. In Article II of the Constitution, the vesting clause and other clauses account, but poorly describe, the powers, role in foreign policy, and duties of the president granting room for interpretation and adaptation to national emergencies. The first sentence of Article II states â€Å"The executive Power shall be vested in a President of the United States of America† (U.S. Constitution. Art. II). This designates the president the powers of the executive branch of government and the position as the head of the cabinet and executive departments. The president also has the â€Å"Power to grant Reprieves and Pardons for Offenses against the United States† (U.S. Cons titution. Art. II). With the exception of impeachment, the president has the power to grant postponement of punishment or release from penalty to any individual in the United States. In order to prevent government paralysis, the Framers administered to the president the â€Å"Power to fill up all Vacancies that may happen during the Recess of the Senate† (U.S. Constitution. Art. II), with the ability to also nominate judges of the Supreme Court and other federal courts. In Article II of the Constitution, while describingShow MoreRelatedPowers Of The United States Constitution1552 Words   |  7 PagesMia Stagnitta Mrs. Tobin American Government 7 17 November 2014 Enumerated Powers The United States Constitution consists of twenty-seven expressed or enumerated powers. These powers were carefully constructed by the Framers of the Constitution in hopes that the government would remain fair in its law making ways. The Legislative Branch is comprised of the Senate and House of Representatives, commonly referred to as Congress. It known of as the law making body of the United States government withRead MoreThe Necessary And Proper Clause Gave Congress844 Words   |  4 Pages The Necessary and Proper clause gave congress to make all the laws that should be necessary and proper to carry into execution. (Article 1, Section 8, Clause 18). The Necessary and Proper Clause was also called the elastic clause that gave powers to Congress that were implied in the Constitution. Necessary means required or essential to. Necessary required congress to execute the powers that were granted in the constitution. John Marshall the Chief Justice wrote his opinion to the court statedRead MoreParagraph 8 Of Constitution And Its Effect On The Economy1548 Words   |  7 PagesThe Article 1, section 8 of Constitution has highly increased the power of congress. Though the clause 1, the first power given to congress by the Constitution is the power to tax, and Congress also has the power to levy tariffs but it’s not allowed to charge more for imports into one state than into another. Then congress control the nation’s Finance and it’s make it has enough pow er to effect the politic. In the clause 2, congress are able to borrow money on the credit of the United State. It’sRead MoreWhat Is The Necessary And Proper Clause?1079 Words   |  5 Pages United States Constitution Assignment Nicole Ibanez 02/11/2015 Dr. Robert Rogers POS- 2041â€Æ' What is the Necessary and Proper Clause? The Necessary and Proper Clause is also called the Elastic Clause. It is found in the Article 1, Section 8, Clause 18. It is the clause that is the basis of the implied powers of Congress. The clause grants no specific powers, and can be adjusted based off different circumstances over the years. It basically allows for Congress to adapt the government andRead MoreThe Supreme Court And Chief Justice Essay1670 Words   |  7 Pagesusing this principle. In 1803, Marbury v. Madison established a concept known as â€Å"judicial review†. Supreme Court Chief Justice John Marshall stated â€Å"the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void....It is emphatically the province and duty of the judicial department to say what the law is† (text at pages 72-73). Marshall gave the courts the right to overturn cases against the legislative or executive branches, known as judicialRead MoreThe Necessary And Proper Clause And Its Effect On History912 Words   |  4 PagesThe Necessary and Proper Clause and Its Effect on History The Constitution was written in order to replace the Articles of Confederation and create a centralized government. Times continue to change, and therefore laws must be altered such to keep up with those changes. This was the sole purpose of the amending process of the Constitution. The purpose of the very first amendment was to allow Congress the authority to get involved with state powers that was not allowed at first. This articleRead MoreThe Constitution : An Symbol Of American Pride, Freedom, And The Hopes1515 Words   |  7 PagesThe U.S Constitution, drafted on May 25, 1787 has been an symbol of American pride, freedom, and the hopes, dreams, and aspirations of the American people from the time of the founding to the present day. This document of course is not perfect and has many controversial clauses throughout it. These clauses, woven into the Constitution, have been considered ignored, misunderstood or misapplied. Some people merely want the correct meaning to be res tored by educating the judiciary, others wish to amendRead MorePowers of the Constitution Essay546 Words   |  3 PagesPowers of the Constitution The national and state governments derive their respective powers from the Constitution in several ways. Some powers are explicitly stated while others are not. Understanding the various types of powers can be difficult and this essay is an attempt to clarify them. The Tenth Amendment of the Constitution states, The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, orRead MoreInterpretation of the Establishment Clause986 Words   |  4 Pagesestablishment of religion.† This is known as the Establishment Clause, and it has been a controversial topic of many Supreme Court cases throughout America’s history. There are three different methods of constitutional interpretation--textualism, intentionalism, and pragmatism—that have shaped the Supreme Court’s rulings on the Establishment Clause. The Establishment Clause is usually interpreted in two different ways: â€Å"The Establishment Clause prohibits government actions—federal, state, or local—thatRead MoreThe Canadian Charter Of Rights And Freedoms1258 Words   |  6 Pagesas The Notwithstanding Clause. The purpose of this clause was to allow the state to overr ide a right protected by the charter, for various reasons. These reasons include economic, social or because other rights were found to be more important (Blakeney, 2010) In order for the notwithstanding clause to be put into effect the legislature must declare that they plan to use this clause, and after five years the measure must be re-enacted (Kahana, 2002) The Notwithstanding clause (further on referred to

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