Anonymous asked in Politics & GovernmentGovernment · 1 decade ago

please help me with this?

really into government but dont seem 2 under stand this ... how are the presidents powers limited ... and how might a president overcome these limitations? please proved examples ... im in the 7th grade

2 Answers

  • 1 decade ago
    Best Answer

    If you're in the 7th grade, I imagine the answer that you're looking for involves the balance of powers. Under Articles 1 through 3 of the Constitution, the United States government is split into three branches: the executive (i.e. the president), the legislative (i.e. congress) and the judicial (i.e. the federal courts). The Supreme Court decision of Marbury v. Madison first recognised the right of the courts to limit the power of the judiciary because the law that Congress passed was unconstitutional. Likewise, the Supreme Court held unconstitutional that President Truman directed the secretary of commerce to take possession of steel mills during the Korean War because such an action exceeded his powers as president. Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952). The Court has held that line item vetos are likewise unconstitutional because it would in effect allow the president to act as legislature. Clinton v. City of New York, 524 US 417 (1998). Probably the biggest limitation on the presidency is Congress's power to impeach a president.

    A president cannot overcome constitutional limitations to his office; however, he can argue that his actions are constitutional. One argument that a president might make is that any actions that he or she makes are presumptively valid absent legislation to the contrary.

    Source(s): Erwin Chemerinsky, Constitutional Law: Principles and Policies, 329-336 (2d Ed. 2002).
  • 1 decade ago

    The President of the United States has the power to issue an Executive Order. While most law require Congressional approval, the Executive Order bypasses all the Senators and the House of Representatives. Executive Orders are a loophole and allow Presidents to bylass other federally elected officials.

    For example:

    1803: Executive Order (not numbered) the Louisiana Purchase,

    1836: Specie Circular - Required payment for public lands be in gold and silver

    1959: Executive Order 10834: Defined the design of the flag of the United States

    Source(s): wikipedia
Still have questions? Get your answers by asking now.