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The Executive Office was established to execute law, not make it nor judge it. Sadly, because the Executive Department of government has taken over the Legislative and undermined the Judicial, the checks and balances established in the Constitution have been eviscerated. This process began in the 1930's and continues unchecked today. The Office of the President, with its vastly expanded powers, now includes, for example, the ability to wage war, alter or ignore law, set "social policies", and violate rights at whim, none of which are granted in the Constitution and many of which are expressly forbidden. What would our Founders have thought at such an imperial presidency?
what are 5 factors that have expanded presidential powers?
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1. Executive Orders - The Presidency has taken on the power to implement Executive Orders, which is like making a law. The President can make an order, howeve the Supreme Court does have the authority of turning over this order/law. For example, Executive Order 9066, commanded that Japanese-Americans would be forced to be put in work camps during World War 1. The President decided to do this and it went into effect. Typically, the legislative branch is the area of government that "makes" the law, however the President can "make" laws using Executive Orders. The idea of Executive Orders does not exist in the Constitution but has emerged through time.
2. The State of the Union: This is a speech in which the President is required to give "time to time" to describe how our country is doing. In this speech, ideally the President would describe the current state of the government. However, through time, the President has used this as a platform to discuss legislative policy, i.e. what he wants to see, what he wants to accomplish and what laws/policy he wants to see go into effect (again, meshing with the legislative branch's job of creating policy/laws).
In general, the President's power has grown immensely through many areas, including through the legislative branch, the state of the Union and in general, the area of influence that the President has over public opinion.
In addition to the XO, the line item veto has also given great power to the President to negate parts of legislation that are brought to him to sign into law, while still approving the majority.
Over the last two centuries, though is virtually our entire history. Most of the changes happened it the second half of the 20th century. FDR really began this questioning of the empirical (historical and traditional) view of the presidency by seeking election past the second term. People then began to realize that they could expand the power of this branch of the government up to the law. They did not have to follow precedent.
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