American Federal Government
A functioning legislative branch is paramount to a healthy democracy. To the degree that our Framers embraced this philosophy can be seen in the expansive list of powers granted Congress by the Constitution. However, in recent years, many have pointed to the erosion of the nation’s legislature. In particular, it has been noted that the presidential use of executive agreements, executive orders, and signing statements have harmed America’s doctrine of separation of powers by circumventing the legislative process itself. To this end:
Select one of the topics to expound upon, either executive agreements, executive orders, or signing statements.
Identify the constitutional basis for such, if any.
Provide an example of this tool at work in American federal government;
Explain the intersection of such use with the doctrine of separation of powers.
Conclude by affirming the strength or weakness of the nation’s legislative process.
Sample Solution
The Constitution of the United States provides that treaties between the United States and foreign nations are to be made by the President with the advice and consent of two-thirds of the Senate.’ According to Hyman (2018) the Framers of the Constitution recognized the danger of allowing the President unilaterally to bind the nation to obligations with foreign countries. 2 Thus, the important function of treatymaking was conferred jointly upon the executive branch and the Senate.3 Despite this express constitutional provision, “international” or “executive” agreements, 4 have long been used to supplement treaties5 and, in many instances, have replaced them.6 Thus, a critical question arises: To what extent does the Executive’s use of the international agreement violate both the treatymaking clause of the Constitution and the Framers’ intentions? The President’s power to conclude international agreements, with or without congressional authorization, is accepted today by many scholars,7 although the scope of this power remains unsettled.
