Eleanor Finch
Constitutions are the foundation of any political system, shaping the daily operations of governments. They outline the powers and limitations of different branches of government. The US Constitution, for example, divides the government into three branches: the Legislative, Executive, and Judicial. The Legislative Branch, comprising the House of Representatives and the Senate, is tasked with making laws. The Executive Branch, led by the President, enforces laws and commands the armed forces. The Judicial Branch, with the Supreme Court at its apex, interprets laws and resolves disputes. These branches operate within a system of checks and balances, ensuring no single branch becomes too powerful. The US Constitution also grants powers to the President, such as the authority to appoint Supreme Court justices, but with limitations to prevent unchecked power. Similarly, the UK Constitution distributes powers across its key branches of government. This framework of constitutional powers provides structure and accountability to the functioning of governments.
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What You'll Learn
The US President's powers
The US Constitution grants several critical powers to the President, although these are limited and subject to checks and balances.
One of the President's most significant powers is the ability to issue executive orders, which are written directives that carry the force of law. While not explicitly mentioned in the Constitution, executive orders are considered an inherent aspect of presidential power, stemming from the Vesting Clause, which states that "executive power shall be vested in a President of the United States." Executive orders have been used by presidents to achieve various goals, such as restricting birthright citizenship or banning transgender troops from serving in the military. However, these orders can be challenged in court and overridden by Congress.
The President also has broad powers in foreign affairs, including conducting foreign relations and regulating commerce with foreign nations. They can also grant or deny diplomatic recognition to other countries and suspend the entry of aliens into the United States if deemed detrimental to the country's interests. The President is the Commander-in-Chief of the Army and Navy, and while they cannot declare war, they have historically initiated the process for going to war.
The President holds the power of clemency, including the ability to pardon or commute sentences for federal offenses. They can also issue temporary suspensions of prosecution or punishment, often used to delay federal sentences of execution. Additionally, the President has the power to fill vacancies during Senate recess and convene or adjourn Congress during extraordinary occasions. They also play a role in legislation by recommending necessary measures to Congress and signing or vetoing bills.
While the President has significant powers, they are not unlimited. The Constitution outlines explicit limitations, and Congress and the courts provide checks and balances to presidential power. For example, the President's appointments to the Supreme Court and Cabinet are scrutinised by Congress, and Congress can override vetoes with a two-thirds vote in both the House and the Senate.
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The US Congress's powers
The US Constitution grants Congress several powers, including legislative, investigative, and oversight powers. Congress is the central law-making body of the US government, consisting of the Senate and the House of Representatives. It has the power to create, debate, and pass laws, as well as to override presidential vetoes. Congress can also establish and regulate courts inferior to the Supreme Court, and shape the judiciary by confirming appointments.
One of the key powers of Congress is its ability to lay and collect taxes, duties, imposts, and excises. This includes the power to regulate commerce with foreign nations, among the states, and with Indian tribes. Congress can also borrow money on behalf of the United States and regulate the value of its currency. Additionally, it has the power to establish uniform rules for naturalization and bankruptcy laws.
Congress plays a crucial role in national defence and welfare. It has the power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. Congress can also organise and regulate militias, and provide for the punishment of counterfeiting US securities and currency.
Furthermore, Congress has investigative powers, which are essential for developing effective public policy, conducting oversight, and informing the public. It can gather information, investigate the misuse of federal funds, and address abuses of power. In the realm of international relations, Congress has the power to control the borders of the United States, grant or deny diplomatic recognition to other countries, and acquire new territories.
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The US Senate's powers
The US Constitution outlines the powers and limitations of the country's key branches of government, including the executive, legislature, and judiciary. The US Senate, which forms the upper house of the bicameral US Congress, has several powers and responsibilities.
Firstly, the Senate has the power to confirm and ratify treaties negotiated by the executive branch. The Senate must approve these treaties by a two-thirds vote, and while relatively few have been rejected, many have died in committee or been withdrawn by the president. Secondly, the Senate has the authority to confirm presidential appointments to key positions, including cabinet members and federal judges. However, the president can circumvent this power by making appointments during a congressional recess, although such appointments are only temporarily valid.
Thirdly, the Senate holds powers of advice and consent, with the ability to provide advice on nominations and consent to appointments. Additionally, the Senate has the sole power to try all impeachments, and when sitting for that purpose, its members must be on oath or affirmation. A two-thirds majority is required to convict a person, and judgment in impeachment cases does not extend beyond removal from office and disqualification from holding any office of honour or profit under the US government.
The Senate also has powers related to federal legislation, serving as a counterbalance to the House of Representatives and a brake on executive power. Standing committees within the Senate oversee the departments and agencies of the executive branch, with the power to hold hearings and subpoena witnesses and evidence. These committees are led by chairs who are usually members of the majority party. The Senate also has the power to pass or defeat federal legislation, working with the House of Representatives to shape and influence the legislative process.
Furthermore, the Senate has certain powers related to elections and spending. It can judge the "elections, returns, and qualifications of its own members" and has the authority to block activity by refusing to authorize public funding for an agency, program, or entity. The Senate can also censure its members, issuing a formal statement of disapproval without removing the senator from office.
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The UK Executive's powers
The UK does not have a codified constitution, and the powers of its executive branch are not clearly defined. However, the executive in the UK does wield significant power, and there is an ongoing debate about whether this power has been increasing in recent years.
The executive branch in the UK is led by the Prime Minister, who is the head of the government and is responsible for key functions such as conducting foreign policy, deploying the army, granting honours, and proroguing Parliament. These powers are known as Royal Prerogative powers and are, in theory, vested in the monarch but are typically exercised by the government without the need for parliamentary consent.
The executive's powers are outlined in documents like the Cabinet Manual, which provides insight into the role of the government from the executive's perspective. However, the Cabinet Manual is not intended to carry legal force, and some information within it may be outdated.
The relationship between the executive and the legislature (Parliament) is a key aspect of the UK's political system. There is a sentiment among some that the executive has become too powerful and that Parliament's position needs to be strengthened. This view holds that the executive's powers should be more effectively checked and balanced by institutions like Parliament and the judiciary.
The UK's approach to constitutional powers is influenced by ideas from Policy Exchange's Judicial Power Project (JPP), which emphasises parliamentary sovereignty over other considerations. This perspective has been described as exalting the executive over other state institutions, leading to discussions about an 'Executive Power Project' as a counterbalance.
In summary, the UK Executive's powers are broad and sometimes controversial due to their lack of formal legal basis. While the executive's role is crucial to the functioning of the government, there are ongoing discussions about the need for greater accountability and checks on its authority.
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The US Constitution's limitations
The US Constitution divides the government into three separate branches, each with its own unique role. These are the Legislative Branch, the Executive Branch, and the Judicial Branch. The Constitution outlines the powers and limitations of each branch, ensuring a system of checks and balances to prevent any one branch from becoming too powerful.
The Legislative Branch, comprising the Senate and the House of Representatives, holds the power to make laws. The House of Representatives is composed of members chosen every second year by the people of the states, with each state having a varying number of representatives based on its population. To become a Representative, one must be at least 25 years old, a US citizen for at least seven years, and an inhabitant of the state they represent.
The Executive Branch, led by the President, is responsible for enforcing laws and commanding the armed forces. While the Constitution grants the Executive Branch certain powers, it also imposes limitations. For example, the President cannot declare war, create or interpret laws in their favour, or make appointments to the Supreme Court or Cabinet without Congressional scrutiny.
The Judicial Branch, consisting of the federal court system, has the power to review and interpret laws and ensure their alignment with the Constitution. The Supreme Court, as the highest court in the land, can rule on the constitutionality of actions taken by the other branches, as seen in the case involving President Truman's attempt to seize steel mills during the Korean War.
Additionally, the US Constitution reserves certain powers for the states or the people through the Tenth Amendment. This amendment clarifies that any powers not specifically granted to the federal government are retained by the states or the people, emphasizing the limited scope of the federal government and safeguarding against potential infringements on civil liberties.
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Frequently asked questions
Constitutional powers refer to the authorities granted to the government by the Constitution. In the US, these powers are divided into three branches: the Legislative Branch, the Executive Branch, and the Judicial Branch.
The Legislative Branch, or the Congress, is composed of the House of Representatives and the Senate. Its primary power is to make laws.
The Executive Branch is made up of the President, Vice President, and their advisors. It is responsible for enforcing laws and commanding the armed forces. While the US President has certain powers granted by the Constitution, they do not have unlimited authority.
The Judicial Branch has the power to interpret laws and hear cases. The Supreme Court, as part of the Judicial Branch, can also check the powers of the other branches. For example, in 1952, the Supreme Court ruled that President Truman lacked the constitutional authority to seize control of the US' steel mills during the Korean War.
