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Introduction
1.1 A Contextual Outline
The United States Constitution vests executive power in the hands of one individual- the
President of United States of America. His powers are so enormous, wide and overwhelming that
he has been described as the foremost ruler in the world. The office of the American President
has been organised on the basis of non-parliamentary of Presidential form of government. There
are Presidents in parliamentary form of government too. But their authority is greatly limited.
They are Constitutional or nominal head of the States. The Indian President for example, cannot
go against the advice of the Council of Ministers which is responsible to the Parliament. In the
USA, on the other hand, the President and his Cabinet is not answerable to the Legislature. The
President of USA is supreme in executive sphere, making of course due allowance of some
devices of internal checks and balances. The American President is not bound down by Cabinet.
He chooses his own Cabinet, which is at his best personal team of advisers. It has been rightly
characterised as the Presidents Family, and head of the Family, the President, inevitably
dominates them.1 Ogg rightly describe him as the greatest ruler of the world. According to
Henry he exercises the largest amount of authority ever wielded by any man in democracy.
Quite a number of factors are responsible for this State of affairs. The Constitution is very clear
and unequivocal in giving all the executive powers to the President. Secondly, though he is
indirectly elected by the Electoral College, in actual practice his election has become direct. As
such he enjoys a greater measure of popular support.
Indeed, the American Constitution has made the President a real executive head rather than a
titular one as is the case in parliamentary form of government. The American President, in
respect of his powers, is best compared to the Prime Ministers of parliamentary democracies
enjoying the support of a stable majority in the legislatures. Now he is both, the head of the State
as well as head of the government. In many other nations, there is a chief of State whose duties
are largely protocol in nature while the Prime Minister is the centre of power. But the American
President is the nations principal spokesman of both domestic and foreign policy.
1 Gibbs, Nancy (November 13, 2008). "How Presidents Pass The Torch". Time. Retrieved May 6, 2011.
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The President of United States is both more and less than a king; he is also both more and less
than a Prime Minister.
Hypothesis
The American system of government, begun as an experiment in liberty and democracy in 1776,
has proven to be remarkably resilient and adaptable. While often categorized as a democracy, the
United States is more accurately defined as a constitutional federal republic and a Presidential
system of Government. To a visiting observer, the U.S. government may seem straightforward:
the Congress makes the laws and the President implements them. A closer inspection reveals a
much more complex system of interactions and infl uences. As a republic, the ultimate power
within the American system rests with the people. This power is exercised through regular,
scheduled elections in which voters select the President, members of Congress, and various state
and local officials. These officials and their staffs formulate policy, make laws, and direct the
day-to-day operations of government.
The research paper deals with the Presidential form of Government of USA. In this paper the
researcher endeavours to cover the various aspects of the Presidential form of Government of
USA. She has also discussed about the different organs and functions of US government and
dealt with the structure of various institutions related with the government.
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etc.
The Vice President of the United States: This section deals with the owers and functions of
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References: This section underlines the different references used to complete this project.
Countries that feature a presidential system of government are not the exclusive users of the title
of President. For example, a dictator, who may or may not have been popularly or legitimately
elected may be and often is called a president. Likewise, leaders of one-party states are often
called presidents. Most parliamentary republics have presidents, but this position is largely
ceremonial; notable examples include Germany, India, Ireland, Israel and Italy. The title is also
used in parliamentary republics with an executive presidency, and also in semi-presidential
systems.4
2.1 Criticism and Disadvantages
Critics generally claim three basic disadvantages for presidential systems:
Tendency towards authoritarianism: some political scientists say presidentialism raises the
stakes of elections, exacerbates their polarization and can lead to authoritarianism (Linz).
Political gridlock: the separation of powers of a presidential system establishes the
presidency and the legislature as two parallel structures. Critics argue that this can create an
undesirable and long-term political gridlock whenever the president and the legislative
majority are from different parties, which is common because the electorate usually expects
more rapid results from new policies than are possible (Linz, Mainwaring and Shugart). In
addition, this reduces accountability by allowing the president and the legislature to shift
blame to each other.
Impediments to leadership change : presidential systems often make it difficult to remove a
president from office early, for example after taking actions that become unpopular.
Article II, section 1, of the US Constitution provides that "the executive Power shall be vested in
a President of the United States of America. He shall hold his Office during the Term of four
Years, together with the Vice President, chosen for the same Term..." In addition to the powers
set forth in the Constitution, federal law has conferred upon the President specific authority and
responsibility covering a wide range of matters.5
Advised by the Departments of Defence and Homeland Security, and the Joint Chiefs of Staff,
the President also serves as Commander In Chief of all United States military forces deployed
around the world.6
The President is the administrative head of the executive branch of the Government, which
includes numerous agencies, both temporary and permanent, as well as the 15 executive (Cabinet
level) department.
Election of the American President:
Qualifications for being the President of United States of America:
Only native-born U.S. citizens (or those born abroad, but only to parents who were both
citizens of the U.S.) may be president of the United States, though from time to time that
requirement is called into question, most recently after Arnold Schwarzenegger, born in
Austria, was elected governor of California, in 2003. The Constitution originally provided a
small loophole to this provision: One needn't have been born in the United States but had to be
a citizen at the time the Constitution was adopted. But, since that occurred in 1789, that ship
has sailed.
One must also be at least 35 years of age to be president. John F. Kennedy was the youngest
person to be elected president; he was 43 years old when he was inaugurated in 1961. There is
no maximum age limit set forth in the Constitution. Ronald Reagan was the oldest president;
at the end of his term in 1988, he was nearly 77.
5 Gerhard Robbers, Encyclopaedia of World Constitutions, Vol. I, 2010, Viva Books Pvt. Ltd.
6 Herbert Kritzer, Legal Systems of the World, Vol I, 2005, Pentagon Press.
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Finally, one must live in the United States for at least 14 years to be president, in addition to
being a natural-born citizen. The Constitution is vague on this point. For example, it does not
make clear whether those 14 years need to be consecutive or what the precise definition of
residency is. So far, however, this requirement has not been challenged.7
8 Anup Chand Kapur, K.K. Mishra, Select Constitutions, 16th ed. 2014, S Chand & Company Pvt. Ltd.,
New Delhi.
9 Vishnoo Bhagwan, Vidya Bhushan, Vandana Mohla, World Constitution- A Comparative Study, 2013,
Sterling Publishers, New Delhi.
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final passage. This article provides a brief overview of procedures involved in vetoing a bill and
the ways Congress can respond to a presidential veto.10
4.1.4 The Veto Process
When a bill is passed by both the House and Senate, it is sent to the president for his signature.
All bills and joint resolutions, except those proposing amendments to the Constitution, must be
signed by the president before they become law. Amendments to the Constitution, which require
a two-thirds vote of approval in each chamber, are sent directly to the states for ratification.
When presented with legislation passed by both houses of Congress, the president is
constitutionally required to act on it in one of four ways: sign it into law within the 10-day period
prescribed in the Constitution, issue a regular veto, let the bill become law without his signature
or issue a "pocket" veto.
Regular veto
When Congress is in session, the president may, within the 10-day period, exercise a regular veto
by sending the unsigned bill back to the chamber of Congress from which it originated along
with a veto message stating his reasons for rejecting it. Currently, the president must veto the bill
in its entirety. He may not veto individual provisions of the bill while approving others.
Rejecting individual provisions of a bill is called a "line-item" veto. In 1996, Congress passed a
law granting President Clinton the power to issue line-item vetoes, only to have the Supreme
Court declare it unconstitutional in 1998.
Bill becomes law without Presidents signature
When Congress is not adjourned, and the president fails to either sign or veto a bill sent to him
by
the
end
of
the
10-day
period,
it
becomes
law
without
his
signature.
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Head of Administration: He is the head of the administration. It is his duty to see that
the Constitution, laws and the treaties of the United States and judicial decisions rendered
by the federal courts are duly enforced throughout the country. In the fulfillment of his
duty, he may direct the heads of departments and their subordinates in the discharge of
the functions vested in them by the Acts of Congress. The Constitution empowers him to
require the opinion, in writing, of the principal officer in each of the executive
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12 Our Government ,The Executive Branch, The White House, www.Whitehouse.com, accessed on 5th
March, 2011.
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of officers by the President. The President is the commander-in-chief of the Army, Navy,
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Air Force and of the militia of the States when called into the service of the United States.
Power in Foreign Affairs: The conduct of foreign affairs is in the hands of the President,
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but a treaty made by him requires ratification of two third of the senate.
Power in war: Though the power to declare war belongs to congress as a whole, clearly
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executive action may bring negotiations to such a pass as to make war almost inevitable.
Control over Cabinet: It should be noted that the Cabinet, as a collective body for the
purpose of formulating the policy of the nation, is not mentioned in the Constitution. It is
made up of his personal choices and is completely subordinate to him. He is not bound by
its decisions.13
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14 http://www.foreignaffairs.com/articles/61025/stephen-m-walt/taming-american-power, accessed on
5th March, 2011.
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15 Nagourney, Adam (September 30, 2008). "Concerns About Palin's Readiness as Big Test Nears". New
York Times. p. A16. Retrieved April 9, 2011.
16 The "Veepstakes": Strategic Choice in Presidential Running Mate Selection, by Lee Sigelman and
Paul J. Wahlbeck, American Political Science Review, December 1997.
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17 Basu Durga Das, Constitution of the World, Lexis Nexis Butterworths Publications, Fourth Edition, 2004.
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The Cabinet, a creation of custom and tradition dating back to George Washington's
administration, functions at the pleasure of the President. Its purpose is to advise the President
upon any subject, relating to the duties of the respective offices, on which he requests
information (pursuant to Article II, section 2, of the Constitution).
The Cabinet is composed of the heads of the 15 executive departments--the Secretaries of
Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and
Urban Development, Interior, Labor, State, Transportation, Treasury, Veterans Affairs, Homeland
Security and the Attorney General. Additionally, during the Clinton administration, Cabinet-level
rank was accorded to: the Chief of Staff to the President; the Director of Central Intelligence; the
Chairman, Council of Economic Advisers; the Counselor to the President; the Administrator,
Environmental Protection Agency; the Director, Federal Emergency Management Agency; the
Director, Office of Management and Budget; the Director, Office of National Drug Control
Policy; the Administrator, Small Business Administration; the U.S. Representative to the United
Nations; and the U.S. Trade Representative.
The Vice President also participates in Cabinet meetings, and from time to time, other
individuals are invited to participate in discussions of particular subjects. A Secretary to the
Cabinet is designated to provide for the orderly handling and follow-up of matters brought before
the Cabinet.
Fifteen cabinet members are appointed by the president after he is elected to run the
government's executive departments; the Senate must approve all appointments. The Cabinet
includes:
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The Department of Agriculture, among other functions, ensures that the food
Americans consume is safe and regulates the nation's vast farming infrastructure.
The Department of Commerce helps regulate trade, banking and the economy; among
its agencies are the Census Bureau and the Patent and Trademark Office.
The Department of Defence, which includes the U.S. Armed Forces, protects the
nation's security and is headquartered at the Pentagon.
The Department of Energy keeps the U.S. plugged in, regulating utilities, ensuring the
security of power supplies and promoting new technology to conserve energy resources.
Health and Human Services helps keep Americans healthy; its agencies include the
Food and Drug Administration, the Centre for Disease Control, National Institutes of Health
and the Administration on Aging.
The Department of Homeland Security, established in the wake of the 9/11 attacks, is
charged with preventing terrorist attacks in the U.S. and helping to fight the war on terror and
includes the Immigration and Naturalization Service.
Interior is dedicated to protecting and nurturing natural resources, national parks and
wildlife. Among its agencies are the Fish and Wildlife Service and the Bureau of Indian
Affairs.
Justice, led by the Attorney General, enforces the nation's laws and includes, among
other agencies, the Federal Bureau of Prisons, the Federal Bureau of Investigation (FBI) and
the Drug Enforcement Administration (DEA).
The Department of Labour enforces labour laws and keeps workers' safety and rights
protected.
State is charged with diplomacy; its representatives reflect the United States as part of
the world community.
Treasury ensures the country's financial and economic stability, manages federal
finances and collects taxes.
Veterans Affairs provides medical care for wounded or ill veterans and administers
veterans' benefits.
In many parliamentary systems, elections may be called suddenly by the ruling party or if there
is a vote of no confidence in the government. In some parliamentary systems, parliament may be
dissolved by the head of state and new elections ordered. Differences in the judicial system are
not as significant as in the legislative, because the United States legal system is based
predominantly on English common law. Defendants in criminal cases have the right to a public
trial by jury and the right to be represented by counsel. One major difference in the judiciary,
however, is the power of the U.S. Supreme Court to declare laws unconstitutional, thereby
nullifying them. Few other countries vest such authority in their judiciaries. Finally, the revenues
and expenditures of the U.S. government are much smaller than most of its counterparts in other
industrialized nations when measured as a percentage of gross domestic product. Much of the
difference is due to the social services and benefits (such as health care and old-age pensions)
that governments in some other nations pay for. In the United States, many of these services are
delivered by the private sector or are not funded to the same extent by the government, and thus
are not counted in government expenditures.20
20 "Constitution of the United States of America Amendment XII". U.S. National Government. June 15,
1804. Retrieved June 5, 2008.
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9. Conclusion
The President of the United States is by far the best known politician both within the United
States and around the world. Americans who struggle to recall the name of their representative,
senator, or governor almost certainly know the name of the president. Citizens of other countries
from Iraq to China, Australia to Russia, are generally familiar with the president's name and
photograph and have an opinion on his performance in office. The fame that U.S. presidents
enjoy today is appropriate, for the person who holds that office is at the centre of both American
politics and world affairs. Yet the president is not all-powerful at home or abroad. U.S. presidents
are often frustrated overseas (for example, in their attempts to bring peace to the Middle East or
Northern Ireland), and domestically it is well to remember that, as the political scientist Charles
O. Jones has emphasized, the United States does not have a presidential system of government in
the sense that presidents are free to make and implement policy. It is not true that presidential
democracies are chronically prone to deadlocks between the executive and the legislative. The
best estimate is that deadlock situations, that is, situations in which the legislature approves a bill
that is vetoed by the president and the legislature cannot overcome the presidential veto, could
emerge represent no more than one-third of all cases of presidential democracies. It is also
known that a decentralized mode of decision-making is not inherent to presidentialism. There are
ways to structure the decision-making process in presidential democracies so as to neutralize
most of the centrifugal forces that may operate in these regimes. What this means, thus, is that
presidential regimes may work and that, if there is some independent reason for adopting one, it
may be more efficient to concentrate in designing a presidential system that works, rather than
spending resources in pre-empting that choice
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10. References
I. Bibliography
Books
1. Basu Durga Das, Constitution of the World, Lexis Nexis Butterworths Publications, Fourth
Edition, 2004.
2. Bhagwan, Vishnu & Bhushan, Vidya, World Constitution, Sterling Private Limited
Publications, Seventh Revised Edition, 1998.
3. Kapur, Anup Chand, Select Constitution of World, S. Chand and Company Ltd. Ram Nagar
New Delhi, Edition 2002
4. Kritzer, Herbert, Legal Systems of the World, Vol I, 2005, Pentagon Press.
5. Pylee, M V, Constitutions of the World, Universal Law Publishing Company, Second Edition,
2003.
Articles
1. Our Government ,The Executive Branch, The White House, www.Whitehouse.com, accessed
on 5th March, 2011.
2. http://www.foreignaffairs.com/articles/61025/stephen-m-walt/taming-american-power,
accessed on 5th March, 2011.
3. The "Veepstakes": Strategic Choice in Presidential Running Mate Selection, by Lee
Sigelman and Paul J. Wahlbeck, American Political Science Review, December 1997.
II. Webliography
1. www.scribd.com
2. www.sparklenotes.com
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3. www.whitehouse.com
4. www.jstor.org
5. www.brookings.org
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