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What powers are vested in the Executive Branch? Show more Show less
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The president holds both expressed powers, granted explicitly by the Constitution, and implied powers, which are not expressly stated but have been accepted as necessary to successfully defend the Constitution.

Diplomatic and Military Powers (Article II, Section 2) Show more Show less

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Commander in Chief

The Constitution declares the President as Commander in Chief, but the verbiage is neither clear nor precise in defining the extent of the power. However, discussions between Congress and the Executive and various legislations have allowed for better navigation.

The Argument

According to Article II section 2 of the constitution,"[t]he President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States when called into the actual Service of the United States."[1] Unfortunately, the constitution does not clearly define the extent to which these powers may be asserted. Legislation such as the Authorization for Use of Military Force against Terrorists (AUMF) gave the president more authority/limitlessness in enacting this power following the tragedy of 9/11.[2]

Counter arguments

Proponents

Premises

Rejecting the premises

References

  1. https://www.law.cornell.edu/constitution/articleii
  2. https://www.law.cornell.edu/wex/commander_in_chief_powers
This page was last edited on Monday, 30 Nov 2020 at 03:26 UTC

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