Executive Powers Limitations

This paper will consider the functions, limitations, and purpose of the executive power in the United States with particular focus on executive orders, war powers, and implied powers. The President holds several additional duties, some of which are based on tradition and not directly listed in the Constitution and those too will also be analyzed and discussed. The U.S. Constitution, Supreme Court cases, and academic journals are sources that will be referred to in distinguishing and defining the powers of the executive branch. The President holds the power to conduct executive orders which allows him to “carry out the laws, executive agencies issue rules and regulations and Presidents rely on executive orders and proclamations.” It is important to note that executive orders cannot change existing laws. There have been many executive orders and proclamations created in the U.S. that …show more content…
The two most important resulting features of implied powers are those of law making and foreign policy.
The President has broad discretion in choosing how to exercise these implied powers. Second, these implied powers are not plenary in nature. They are subject to three basic limitations: (1) the President may not, without congressional authorization, use these powers to change domestic law or to create or alter existing legal obligations; (2) these powers are subject to regulation by Congress; and (3) in the event of a conflict between the exercise of these powers and congressional legislation, the latter prevails.
As a result of Presidents in the past establishing additional powers that strengthened the branch through implied powers and Congress not limiting them. No one entering the position of the President has regressed in power by surrendering any of it gained by the previous person in