Omar Bennett
Haiti's constitution, which incorporates features of the US Constitution, provides for a president who is both head of state and the country's main power holder. The Haitian president is directly elected to a five-year term and may stand for reelection to a second, nonconsecutive term. The Haitian constitution also establishes a bicameral legislature, with a House of Representatives and a Senate, and provides for laws by presidential order. The US Constitution, on the other hand, establishes an Executive Branch of the federal government, with the President as the head, vested with the authority to enforce laws and appoint agents charged with their enforcement. The US President also has distinct authority over foreign affairs and the power to supervise and remove executive officials. This article will compare and contrast the executive powers of the two constitutions and discuss which provides for a stronger executive branch.
| Characteristics | Values |
|---|---|
| Constitution | USA has had one constitution since its founding. Haiti has had 22 constitutions throughout its history, with the latest one coming into effect in 2012. |
| Executive Branch | The US Constitution establishes a federal executive branch with power vested in the President. The Haitian Constitution also establishes an executive branch, with the President as head of state and the main power holder. |
| Presidential Powers | The US President has the power to enforce laws, appoint agents, oversee foreign affairs, supervise and remove executive officials, and more. The Haitian President can issue laws by presidential order (except for taxation), command the Armed Forces, and declare a state of siege with the Prime Minister and Ministers. |
| Presidential Requirements | To be eligible for the US presidency, one must be a natural-born citizen, at least 35 years old, and have been a resident of the US for at least 14 years. In Haiti, the Prime Minister (head of government) must be a native-born Haitian, enjoy civil and political rights, own property and practice a profession in Haiti, among other requirements. |
| Legislative Branch | The US Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Haiti also has a bicameral parliament with a Senate and a Chamber of Deputies. |
| Judicial Branch | The US Constitution establishes a Supreme Court with powers to interpret the law. Haiti's judiciary consists of four levels: the Court of Cassation (highest court), courts of appeal, civil courts, and magistrate's courts. |
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What You'll Learn
US Constitution: Executive Vesting Clause
The US Constitution's Executive Vesting Clause, found in Article II, Section 1, Clause 1, establishes the Executive Branch of the federal government. This clause provides that the federal executive power is vested in a single person—the President of the United States. It states that:
> "The executive Power shall be vested in a President of the United States of America."
The Vesting Clause grants the President "the executive power," which includes the authority to execute laws, appoint officers, communicate with foreign governments, formulate foreign policy, and wage war. However, the President's powers are subject to express limitations in the Constitution and require Senate consent for certain actions, such as appointments.
The Executive Vesting Clause also identifies exclusive powers of the President, including the Commander-in-Chief authority, the power to pardon, and the power to require written opinions from the heads of executive departments. Section 3 of Article II further requires the President to take care that the laws be faithfully executed. This includes the authority to enforce laws and appoint agents charged with enforcement. The President also has distinct authority over foreign affairs and is the sole representative of the nation in this regard.
The interpretation of the Vesting Clause has been a subject of debate, with some advocating for a "Unitary Executive" position, arguing that the President can exercise powers without congressional interference. Others, known as "Vesting Clause minimalists," claim that Congress can qualify or regulate the President's powers through its legislative powers, as long as it does not impede the President's constitutional duties.
In contrast, Haiti's constitution, which was modelled after the constitutions of the United States, Poland, and France, has had a varied history. The latest version, approved in 2011 and effective in 2012, re-legalized dual citizenship and allowed non-natives to run for political office, except for the offices of President, Prime Minister, Senator, or Member of the Lower House of Parliament. It also established a permanent constitutional court to resolve disputes between Parliament and the executive and provided for a permanent electoral council.
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Haiti Constitution: Commander-in-Chief
The Haitian Constitution of 1987, with amendments through 2012, outlines the role of the Commander-in-Chief of the Armed Forces. According to Article 264, the Commander-in-Chief of the Haitian Armed Forces is a general officer, chosen from among the active-service general officers. This officer holds the title of "Commander in Chief of the Haitian Armed Forces" and their term is set at three years, with the possibility of renewal.
The Haitian Constitution further establishes that the Armed Forces are apolitical, and their members must not be part of any political group or party, observing strict neutrality. They exercise their right to vote and can provide assistance to the police when requested by the Executive.
In addition to the Commander-in-Chief, the Haitian Constitution also recognises the President of the Republic as the nominal head of the armed forces, although they do not command them in person. The President, with the approval of the Senate, appoints the commander-in-chief of the Armed Forces, as well as the commander-in-chief of the National Police, ambassadors, and consuls.
In comparison, the United States Constitution, in Article II, establishes the Executive Branch of the federal government, vesting the federal executive power in the President. The President of the United States is specifically granted the Commander in Chief authority, which is an exclusive presidential power. This authority places the US military forces under the President's command.
Both the Haitian and US Constitutions recognise the importance of a Commander-in-Chief, but they differ in who holds this position and the specific powers associated with it. Haiti's Commander-in-Chief is a separate position from the President, while in the US, the President assumes the role of Commander in Chief.
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US President: Foreign affairs
The US Constitution grants the President substantial authority over foreign affairs, including the power to speak or listen as the nation's sole representative. The President also has the power to recognise foreign governments and to exclude aliens, which is an inherent part of the executive power to control the foreign affairs of the nation.
The Supreme Court has recognised that the Constitution vests the President with certain implied authorities, such as the ability to supervise and remove executive officials. The President also has the power to appoint the agents charged with enforcing the laws.
In addition, the President shares the power to make treaties and appointments with Congress. The President can also unilaterally make temporary appointments during Senate recess. The President is required to give Congress information on the state of the union and can recommend legislative measures and, in extraordinary circumstances, convene or adjourn Congress.
The President's role in foreign policy has expanded significantly, particularly after the 9/11 attacks, when Congress granted the President greater leeway in counterterrorism efforts. This expansion of power has been difficult to reverse, and Congress has been reluctant to constrain the President's actions in wartime, even when the war is not going well.
In Haiti, the 1987 Constitution outlines the role of the President of the Republic, who presides over the Council of Ministers and has the power to declare a state of siege in the event of civil war or foreign invasion. The Prime Minister and all the Ministers must countersign this declaration, and the National Assembly must be immediately convened to decide on the desirability of the measure.
The Haitian Constitution also establishes the Armed Forces, which are commanded by a general officer bearing the title of Commander in Chief of the Haitian Armed Forces. The Commander in Chief is chosen from among the active-service general officers and serves a three-year renewable term. The Haitian Armed Forces are apolitical and may assist the police and the nation in the event of a natural disaster.
While the US President has significant authority in foreign affairs, the Haitian President also has important powers, particularly in declaring a state of emergency and commanding the Armed Forces. However, the US President's role in foreign affairs has been characterised as a "'personalist dictatorship' with limited checks and balances, especially after the expansion of powers following the 9/11 attacks.
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Haiti President: Directly elected
Haiti's constitution was approved by referendum in 1987 but was not put into effect until 1995, during Jean-Bertrand Aristide's presidency. The constitution, which draws from the US, French, and Polish constitutions, establishes a bicameral legislature with a House of Representatives and a Senate. The President of Haiti is directly elected to a five-year term and may stand for reelection to a second, nonconsecutive term. The President is the head of state and the country's main power holder, with the Prime Minister serving as the head of the government.
The Haitian President is responsible for ensuring respect for and enforcement of the Constitution and the stability of government institutions. The President also has the power to ratify laws and choose whether to ratify them. Additionally, the President can reduce or commute sentences in all res judicata cases, except those imposed by Supreme Court judges. The President is the commander-in-chief of the armed services and has the authority to appoint the generalissimo of the Haitian armed forces and police forces, as well as ambassadors and consuls to foreign states, with the approval of the Senate.
The Haitian constitution outlines specific requirements for presidential candidates. They must be a native-born Haitian, never have renounced their nationality, and enjoy civil and political rights. Candidates must also have resided in the department they will represent for at least four consecutive years before the election and own real property in Haiti while practicing a profession there.
Haiti's constitution grants significant powers to the President, demonstrating a strong executive branch. The President's role as the head of state, their exclusive powers, and their influence over various appointments indicate a concentration of authority within the executive branch.
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US President: Impeachment
The US Constitution vests the President with various powers, including the authority to enforce laws and appoint agents to enforce them. The President also has distinct authority over foreign affairs and is the sole representative of the nation. The Constitution also grants the President the power to supervise and remove executive officials and the power to recognise foreign governments.
The US President can be impeached for "treason, bribery, and other high crimes and misdemeanors". Impeachment proceedings may be requested by a member of the House of Representatives, who presents a list of charges. The House then votes on a resolution to impeach by a simple majority, after which the Senate tries the accused. The Senate deliberates in private and requires a two-thirds supermajority to convict. If convicted, the official is removed from office and may be barred from holding future office. However, this does not extend to further punishment, such as loss of pension.
The Haitian Constitution, on the other hand, has had a tumultuous history, with 22 constitutions promulgated throughout its history. The current constitution, in force since 2012, re-legalised dual citizenship and demands the establishment of a permanent constitutional court to resolve disputes between Parliament and the executive.
While both the US and Haitian constitutions provide for strong executive powers, the US Constitution provides a more detailed framework for impeachment proceedings, with specific charges and procedures outlined. In comparison, Haiti's constitutional history has been more unstable, with frequent changes to its fundamental laws. Therefore, it can be argued that the US Constitution provides for a stronger executive, at least in terms of the clarity and stability of its provisions.
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Frequently asked questions
It is difficult to make a direct comparison, but Haiti has faced significant challenges with political instability, social unrest, and natural disasters. The country's executive branch has been criticised for delaying elections and consolidating unchecked authority. The US, on the other hand, has a more established system of checks and balances, with a stronger track record of upholding democratic principles.
Haiti's executive branch struggles with political instability, often due to the conflict between the President and the Prime Minister's Office. This conflict has led to a history of unstable relations, hindering the country's progress.
The US has had a long and complex relationship with Haiti, including a nearly 20-year occupation in the early 20th century. While the US has provided economic and humanitarian aid, there have also been tensions, such as during the Trump administration's restriction of immigration from Haiti. The US has also been criticised for not doing enough to support Haiti's development.
The international community, led by the US, has made significant efforts to support Haiti. The Kenyan-led Multinational Security Support (MSS) Mission in Haiti, authorised by the UN Security Council, aims to address the country's security challenges. However, the mission has faced challenges in achieving its targets.
Haiti faces multifaceted challenges, including political instability, security concerns, and economic struggles. Achieving peace and security is a critical priority, along with constitutional reform and holding timely elections. The country also needs support in addressing its vulnerability to natural disasters and improving its infrastructure.
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