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Monday, July 22, 2019

A Deeper Perspective on Executive Power Essay Example for Free

A Deeper Perspective on Executive Power Essay Executive Power is often and briefly defined as the power to enforce and administer the laws. It is usually bestowed upon the President or Head of a country. In the exercise of this power, the person who has such power assumes a plenitude of authority and the corresponding big and deep responsibility, thus making him the most influential person in the land he governs.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The exercise of an Executive Power through the President’s own will is sometimes referred as the discretionary power which is undoubtedly constitutional. But the exercise of such will but no power is considered unconstitutional. Will but no power pertains to actions or instances that the executive department may exercise on their discretion but is in violation of a certain provision in the constitution. See more: The stages of consumer buying decision process essay   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the case of Clinton v City of New York, the acts of Clinton canceling  §4722(c) of the Balanced Budget Act and  §968 of the Taxpayer Relief Act by virtue of an Act, was held unconstitutional and in violation of Article I,  §7. Clinton acted beyond his discretionary powers. He acted with his own will in canceling the above-mentioned provisions but he has no power to do such. To wit the court, that the Act that procures the discretionary powers of Clinton to cancel the disputed provisions mentioned, impermissibly disrupts the balance of powers among the three branches of the government which are clearly categorized and distinguished under separation of powers. Moreover, the Act’s procedures are not authorized by the Constitution. If this Act were to be considered as valid, it would authorize the President to create a law whose text was not voted on by either House or presented to the President for signature which would clearly be a violation of the process in passing a new law provided for in the constitution. (Clinton v City of New York, 1998) References Clinton, President of the United States,, et al. v City of New York et al. June 25, 1998. Supreme Court Collection. Cornell University LawSchool. Retrieved from supct.law.cornell.edu.

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