The Historical Powers of the American Presidency

Introduction Constitution refers to a set of laws on which a state or a nation is governed. It outlines the provisions for the powers of the arms of the government as well as the responsibilities of the government to the governed population. This paper seeks to discuss the constitution of the United States of American with respect to the powers of the arms of the government. The paper will look into the historical powers of the American presidency in comparison with the provision for separation of powers among the arms of the government.Advertising We will write a custom essay sample on The Historical Powers of the American Presidency specifically for you for only $16.05 $11/page Learn More Controversy over Powers of the President The presidential powers in the United States of American have been surrounded with a lot of arguments with respect to whether or not such powers are consistent with the initial meaning as was provided for in the first amendment . The lack of agreement as to the consistency has led to a wide perception that the powers are being exercised with respect to convenience of solving emerging problems rather that according to the constitution. The executive branch of the government whose powers are vested in the president has in most cases been realized to overstep its mandate assuming the roles that were meant to be undertaken by the other arms, that is, the judiciary and the legislative arms. The powers of the president as was initially provided for were viewed to be limited with the only prerogative of approving legislations after such have been deliberated upon and passed by at least two-thirds of representatives from each of the house of the representatives. Powers of appointment of diplomatic representatives were also vested on the president subject to approval by the congress. The presidency was only offered full powers being the commander in chief of the armed forces together with the role of receiving dipl omats from other countries. Even representations in international agreements such as treaties were subject to approval by the congress. Such provisions are however, not what Americans witness today with respect to the powers that are exercised by the president. Contrary to the provisions, the presidency has fully assumed the roles that were primarily vested in the congress or were supposed to be shared between the executive and the congress. Prerogatives such as â€Å"foreign affairs powers, war powers, fiscal powers, legislative powers and administrative powers† (Kurland, 2006, p. 4) are currently identified as active roles of the executive contrary to the constitutional provisions. Powers Currently exercised by the President The increased authority that has been adapted by the presidency has been due to the direct of implied provisions that have been made by both the congress and the judiciary under the Supreme Court. The Supreme Court has, for instance, pronounced that the president, under precedence from the system in the Great Britain has the prerogative to appoint foreign diplomats. This has been contrary to the initial constitutional provisions. Foreign relations with respect to international agreements have also realized a deviation of powers from the original provisions. Treaties were originally supposed to be negotiated by the executive but approved by the congress on the basis of the two-thirds majority rule. In this setup, the congress had a basis to offer checks on the decisions of the executive. This has also been significantly altered by the Supreme Court through its decision that distinguished executive agreements from treaties.Advertising Looking for essay on government? Let's see if we can help you! Get your first paper with 15% OFF Learn More Though failing to offer a distinction in meaning between the two, the court has provided that the president has the power to make executive agreements without the need for congress approval. The lack of difference has thus allowed the office of the president to enter into international relations without the approval of the congress on the ground that they fall under executive agreements and not treaties (Kurland, 2006, p. 6). The office of the president has equivalently assumed powers over declaration of war by the United States of America. Timely evolution of systems since the first amendment has witnessed the adopted capacity of the president to declare war on another nation without an approval by the congress. The congress is itself identified to have also played a role in delegating its duties to the president by assuming silence whenever such powers have been exercised and even amending the constitution to allow the president have such prerogatives. The congress, for example, passed a resolution in the year 1973 to allow the president to make war declarations against foreign powers and inform the congress of the decision within two days. Powers over fisca l policies which were basically restricted to the congress have been to the contrary associated with the president following significant involvement of the executive in influencing such policies. This has again been made possible by the congress that now appears dormant as compared to the executive over fiscal policy matters. The legislative process has also been compromised and transformed from the congress dominant process to one that is highly influenced by the executive through coercion (Kurland, 2006). Conclusion Constitutional provisions of the first amendment laid out roles of different arms of government to ensure that each arm of the government was checked by others. The current excessive powers of the president, however, exceed the provisions causing a threat to the checks and balances which can be said to have failed. References Kurland, P. (2006). From encyclopedia of the American constitution. New York, NY: Macmillan. This essay on The Historical Powers of the American Presidency was written and submitted by user Kamren Reyes to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Free Essays on Ellis Island

ELLIS ISLAND Ellis Island has a long history, was needed, and was the "Gateway to America" from 1892 until it closed in 1954, when it began its slow decay. The island was called Gull Island by the Indians and Oyster Island by the Dutch. Later the English erected a gibbet or gallows on the island for hanging criminals and so the island became known as Gibbet Island. The Indians sold it to the Dutch East India Company for trinkets. The company later sold it to Mynheer Paauw who also bought land along the New Jersey coastline. Samuel Ellis, a colonial merchant bought the island and it became at last Ellis Island. After the Revolution, the island was sold to New York State and in 1811, Fort Gibson was built on it in preparation for the War of 1812. No fighting took place at Fort Gibson it was mainly a munitions storage fort. When immigrants began, pouring into New York City, New York State processed them at an old fort known as Castle Clinton on the Battery at the tip of Manhattan. When that facility became too small for the large number of immigrants arriving in the country, they chose Ellis Island as the new immigration center. After erecting new wooden buildings, it opened in 1892 but those buildings burned in 1897. New buildings were erected in 1900 and it reopened. Eventually the control of immigration was turned over to the Federal government. Ellis Island was the principal federal immigration station the â€Å"Gateway to America† in the United States from 1892 to 1954. More than 12 million immigrants were processed here. Over time, the immigration station spread over 3 connected islands with numerous structures including a hospital and contagious disease wards. It is estimated that over 40 percent of all citizens can trace their ancestry to those who came through Ellis Island. In its early years, when the greatest number of immigrants entered the country, Ellis Island mirrored the n... Free Essays on Ellis Island Free Essays on Ellis Island ELLIS ISLAND Ellis Island has a long history, was needed, and was the "Gateway to America" from 1892 until it closed in 1954, when it began its slow decay. The island was called Gull Island by the Indians and Oyster Island by the Dutch. Later the English erected a gibbet or gallows on the island for hanging criminals and so the island became known as Gibbet Island. The Indians sold it to the Dutch East India Company for trinkets. The company later sold it to Mynheer Paauw who also bought land along the New Jersey coastline. Samuel Ellis, a colonial merchant bought the island and it became at last Ellis Island. After the Revolution, the island was sold to New York State and in 1811, Fort Gibson was built on it in preparation for the War of 1812. No fighting took place at Fort Gibson it was mainly a munitions storage fort. When immigrants began, pouring into New York City, New York State processed them at an old fort known as Castle Clinton on the Battery at the tip of Manhattan. When that facility became too small for the large number of immigrants arriving in the country, they chose Ellis Island as the new immigration center. After erecting new wooden buildings, it opened in 1892 but those buildings burned in 1897. New buildings were erected in 1900 and it reopened. Eventually the control of immigration was turned over to the Federal government. Ellis Island was the principal federal immigration station the â€Å"Gateway to America† in the United States from 1892 to 1954. More than 12 million immigrants were processed here. Over time, the immigration station spread over 3 connected islands with numerous structures including a hospital and contagious disease wards. It is estimated that over 40 percent of all citizens can trace their ancestry to those who came through Ellis Island. In its early years, when the greatest number of immigrants entered the country, Ellis Island mirrored the n...

How to Choose a Building Lot for Your New House

How to Choose a Building Lot for Your New House Youre building a house. Which do you do first? 1. Select a style and a plan OR 2. Select a building lot? Both approaches have merit. If your heart is set on a Spanish style adobe home, a heavily treed lot may not make sense for you. Having an idea of the architectural style you prefer will determine the size and characteristics of your building site. You may run into problems, however, if you select a specific floor plan too soon. You can always design a home to suit a landscape, but you may not be able to alter a landscape to accommodate the specifications of predetermined house plans. The configuration of rooms, the placement of windows, the location of the driveway and many other design elements will be affected by the land you build on. The land itself has long been the inspiration for truly great homes. Consider Frank Lloyd Wrights Fallingwater. Constructed of concrete slabs, the house is anchored to a rugged stone hill in Mill Run, Pennsylvania. Compare Fallingwater with Mies van der Rohes Farnsworth House. Made almost entirely of transparent glass, this unearthly structure seems to float above a grassy plain in Plano, Illinois. Would the Farnsworth House seem as graceful and serene perched on a rocky hill? Would Fallingwater make such a powerful statement if it sat in a grass field? Probably not. Questions to Ask About Your Building Lot Once you have located a promising building site for your new home, spend some time on the building site. Walk the full length of the building site at different times of the day. If you are a follower of feng shui, you may want to think about the land in terms of its chi, or energy. If you prefer a more down-to-earth evaluation, think about ways the building site will influence the shape and style of your home. Ask yourself: What are the general characteristics of the land? Is it green and woodsy? Rocky and gray? Or, is it a vast open stretch with a golden hue? Will the prevailing colors of the landscape change with the seasons? Will the home you imagine blend with the landscape? Does the landscape suggest particular colors or materials you might include in the design of your home?Can other structures be clearly seen from the building lot? What is the prevailing architectural style? Will your proposed home fit the overall context of the neighborhood?Will the size of your proposed house be proportionate to the size of the lot? (You dont want to squeeze a mansion onto a postage stamp!)Is there a street or road? Should the house face toward or away from the road?Where should the driveway be located? Will there be enough room for cars and delivery trucks to turn around?Where are the most pleasing views? Where does the sun rise and set? Which views would you like to see from the living areas? From the kitchen ? From the bedrooms? Where should windows and doors be placed? If you are in a northern climate, how important is it to face the south? Will a southern exposure help you save on heating costs?Is the site flat? Are there hills or streams? Are there any other geological conditions that might affect the design or placement of your home?How much landscaping will be required? Will preparing the land for building and planting trees and shrubbery add to your final costs? The waterfall views at Fallingwater may look idyllic, but for most of us, building on a rocky hillside isnt practical. You want the site of your new home to be beautiful, but it must also be safe... and affordable. Before you make a final decision, youll need to consider a mind-boggling list of technical details. Check Your Building Lot For Common Problems As you narrow your search for an ideal building site, dont scrimp on getting expert advice on home building. Your builder can put you in touch with consultants with the legal and scientific expertise to offer building advice. Your consultants will investigate the characteristics of the land and explore zoning, building codes and other factors. Land Conditions Soil. Has the property been a victim of hazardous waste? Are there pollutants that may not be apparent to an untrained observer?Land Stability. Is the property is subject to land slides or sinkages?Water Drainage. Is the property located near a river? Are there hills or low spots which may make your home subject to water runoff? Err on the side of caution. Even Mies van der Rohe made a grievous mistake. He placed the Farnsworth House too close to a stream, and his masterpiece suffered serious flood damage as a result.Noise. Is there a nearby airport, highway, or railroad? How disruptive is it? Zoning, Building Codes and More Zoning. In five years, your beautiful views may be replaced by a highway or a housing development. Zoning regulations will indicate what may be legally constructed in the surrounding area.Building Codes. A variety of ordinances will affect the placement of your new home on the lot. Regulations will specify how close you can build to the property line, roads, streams, and lakes.Easements. Easements for electrical and telephone poles will limit the space you have for building your home.Public Utilities. Unless the property is in a development of suburban tract homes, there may not be easy access to electricity, gas, telephone, cable television or public water lines. Sewers. If there are no municipal sewers, youll need to know where you may legally place your septic system. Costs You may be tempted to skimp on the cost of your land so that you can spend more money on building your house. Dont. The cost of altering an unsuitable lot is likely to be more expensive than purchasing land that is meets your needs and your dreams. How much should you spend on a building lot? There are exceptions, but in most communities your land will represent 20% to 25% of your total building costs. Advice From Frank Lloyd Wright Building a house is often the easy part. Making decisions is stressful. In Wrights book The Natural House (Horizon, 1954), the master architect gives this advice on where to build: When selecting a site for your house, there is always the question of how close to the city you should be, and that depends on what kind of slave you are. The best thing to do is go as far out as you can get. Avoid the suburbs- dormitory towns- by all means. Go way out into the country- what you regard as too far- and when others follow, as they will (if procreation keeps up), move on.~p. 134

Performance-Enhancing Drugs Essay Example | Topics and Well Written Essays - 1500 words

Performance-Enhancing Drugs - Essay Example Nowadays, sportsmen and women will go to extreme lengths to improve their athletic abilities (Mottram 18). Many sports personalities admit that the competitive desire to be victorious is unusually severe. Apart from the pleasure of benefiting individually, sports individuals share a dream to participate in large sporting events, high class teams, and the young athletes pursue the school scholarships. The common, competitive situation, made by the human culture, has caused the widespread use of performance-enhancing drugs such as stimulants, sedatives, lean mass builders and painkillers among individuals taking part in sporting activities (Bahrke and Yesalis 8). The people who use the substances for enhancement may appear to have acquired gains that are physical. There has not been a thorough study on the long-term effects of performance-enhancement drugs, but evidence suggests that the short-term effects are destructive with numerous consequences like loss of scholarships, medals, el igibility, side-effects, and sometimes death. This paper will look at the performance-enhancement drugs that should be accepted in sports, and whether creatine should be illegalized in Major League Baseball Several performance enhancement drugs should be legalized in sports, they include: Lean Mass Builders This are the types of performance-enhancement substances that are used to amplify or facilitate the enlargement of lean body mass and muscles, and from time to time to lessen fats in the body. These drugs may include several human hormones, anabolic steroids, and Chromium Picolinate. Chromium Picolinate, for instance, helps an individual to make use of the body glucose. It helps an individuals’ body to access fats and convert it to energy. This drug is more useful to people who have additional body fat and they would like to lose it (Mottram 23). Stimulants They are used to stimulate an individual’s mind and body to function at the top level by increasing energy, aggression, and focus. The examples are amphetamine and caffeine. Caffeine has been for a long time been used as an aid for muscle endurance by many athletes. Caffeine lengthens the duration of fatigue that occurs in the muscles at the heightened power levels. Nowadays, caffeine is a performance-enhancing drug that is not listed as illegal for use by sports personalities. In addition it is proven that stimulants can promote endurance, enhance accuracy, and improve reaction time. The dose of caffeine and the athlete’s condition and exercise determine if the person’s performance is enhanced or not (Mottram 26). Painkillers Painkillers cover up pain that is experienced by the sportsmen so that they can keep on performing and competing without their normal pain limit. Painkillers used in sports vary from over-the-counter administered drugs to prescriptions that are powerful, such as narcotics and NSAIDs (Mottram 28). Sedatives The drugs in this category are mostly used by people who take part in sports which have the need for being steady, accurate and overcome too much discomfort and nervousness. Examples include valium, alcohol, and marijuana (Jeffrey, Jose, and Douglas 34). Diuretics These are drugs that remove water from the body. Diuretics are most often used in different t ypes of wrestling and contact sports because the sportsmen have to conform to weight restraints (Jeffrey, Jose, a

Unit 3&4 Micro Assignment Example | Topics and Well Written Essays - 500 words

Unit 3 Micro - Assignment Example The lowest sales tax in the US is 4.5% in Hawaii and Portland, Oregon, while Anchorage in Alaska does not have any kind of sales tax. What this shows is the rest of the country could pay between 4.5 and 10% showing that sales tax is only part the overall tax structure where, for example, states such as Washington has a sales tax, but it does not have income tax. The table in the appendix shows what kind of sales tax Americans living in the various states are paying showing that the average tax rate could approach 8% and could be considered high (Tax Foundation, 2012). Another indicator to look at might be the US had $558 billion trade deficit with the outside world in 2011 showing that the nation is importing more than it is exporting that reveals there could be foreign made goods flooding the US market. The deficit with China alone accused of flooding the US market with goods made using cheap labor was at $295.5 billion in 1911. Other sign that Americans are buying more foreign made goods is the manufacturing jobs in the US are disappearing where in 10 years alone 5 million manufacturing jobs might have disappeared. The trade imbalance the US had that was 7 times more than any other nation shows that the American consumers are buying foreign goods more than any other nation. Buying foreign goods hits hard on the local manufacturing where in the US alone, on average 15 manufacturing facilities were closing everyday for the last ten years showing that imported goods had replaced goods produced by such manufacturers. The outcome of heavily relying on foreign made goods had been that at least more than 41% of working age Americans do not have decent jobs, while the majority of new created jobs are low-tech and low-paying. When looking at figures like this it is possible to say that there are many imported goods in the US economy, to the point

The North Cascades :: essays research papers fc

The North Cascades   Ã‚  Ã‚  Ã‚  Ã‚  The North Cascades became a national park on October 2, 1968. It is located in the north central area of Washington. Since it’s inception the park’s mission statement has evolved to include concerns of the entire ecosystem. (www.seattleinsider.com) When you go to the North Cascades in Washington, you can visit and do a variety of things. Some major tourist attractions are the beautiful ice sculpted, jagged mountains, which rise above deep-forested valleys-terrain carved by moving ice. The Park Complex contains more glaciers than any other national park in the United States outside Alaska. These glaciers are an important source of water for salmon, other wildlife, plants, and people in the Puget Sound region. The cascading waters, which provide a large and expanding nearby population with a wide variety of recreational opportunities, from boating and camping to climbing and backpacking. The vast wildlife also is a major attraction because it is the co re of one of the largest protected wild areas in the United States and is a substantial portion of it is designated wilderness. Humans here are visitors, who come to enjoy nature on nature's terms. The park provides a habitat for one of the greatest diversities of plant life in North America including rare and sensitive species. Some wildlife that live here are a variety of fish, deer, moose, geese, all kinds of birds, horses, bald eagles, wolves, grizzly bears, mountain lions, mountain goats and black bears. Ancient forest holds millions of living organisms and thousands of diverse life forms. The history of the park in general is also a tourist attraction for the park its was after all home to at least 4 tribes whose descendants now live nearby and includes, within its boundaries, three contemporary communities. (www.northcascades.net)   Ã‚  Ã‚  Ã‚  Ã‚  The park and its breathtaking features attract 400, 000 visitors per year. The highest visitation time is usually in August and the lowest is in January. When visitors are here they can do the following: go backcountry camping, hiking, mountain climbing, fishing, horseback riding, wildlife and bird watching, scenery viewing, boating. Facilities include hiking trails, horse rentals nearby, small boat rentals, and professional guide, climbing, pack train services.   Ã‚  Ã‚  Ã‚  Ã‚  It has been stated that there have been no known fires or floods that have occurred in this area. The wildlife and vegetation is basically the same as it is now. (www.nps.gov)   Ã‚  Ã‚  Ã‚  Ã‚  Some educational programs offered at the North Cascades National Park are: field seminars, retreats, graduate programs, teacher workshops, volunteer service learning, skagit watershed education project, and the Northwest Mountain School which is a school for mountaineering, rock climbing, backpacking and more.

Motivation for pursuing a graduate degree Essay

Instructional perspective The philosophy of education that I ascribe to has been the primary tool motivating my pursuit of a graduate degree in special education. My instructional philosophy has tended to focus mainly on hands on instruction where participants get involved directly in and take responsibility for their own learning. Much like the constructivist theorists and thinkers I believe that this active participation in learning is what makes learning more meaningful and that would produce the greatest successes in the classroom. As a general education teacher I have therefore tended to adopt instructional strategies and learning activities that are reflective of this outlook and have attempted as far as possible to ensure that the learners in my classroom are given the relevant life experiences with which they can interact and which they can utilize in constructing their own meanings and understanding of the things around them. I firmly believe that proper planning is the key to success in the classroom. Planning does not only involve preparing a lesson plan, but psychologically preparing for the learners and their needs in the classroom, understanding each learner and being willing to accommodate all, as far as possible, in the learning process. It is through such detailed planning that the correct activities will be designed for an interactive, constructive and cooperative classroom. Reflection on practice Considerable work has been done in the field of cognitive psychology by numerous theorists and researchers. Much of the research has been focused on trying to understand the characteristics of learners, the optimal age and conditions for particular types of learning, the most appropriate teaching and learning strategies and generally and understanding of how learning takes place. Several theorists have attempted to describe the characteristics of learners. Among them Jean Piaget, Lev Vygotsky, Albert Bandura and Jerome Bruner and some of the most noted forefathers of thought in this areas. Having worked as a teacher for the some years now, the theorist that has been the most influential on my practice is Jerome Bruner. Bruner’s philosophy emphasizes the concept of discovery learning and simulation. He posits that learning is most effective and meaningful when the learners actively explores issues as opposed to reading from textbooks or lectured to by the teacher (Good & Brophy, 1995). Simulation activities, Bruner suggests, are useful tools for promoting forms of discovery learning. I have found that the use of role-play and skits as simulation activities, have helped me deliver learning targets better than traditional lecture-type methods. Given the nature of the classroom and the variety of abilities and learning styles, I have found that the use of role-play and similar cooperative activities have helped me ensure that all learners are actively involved in the learning process. However, throughout my teaching character I have noticed some deficiencies in my teaching methodology, particularly as it relates to meeting the needs of all the learners in the classroom. I have noticed that while I am able to adequately motivate a portion of the class in each year, I have often been unable to fully motivate the entire class of learners or to introduce activities and strategies that are attractive to all the learners in the classroom. I believe in reflective practice so I often review my teaching methodology, with the help of relevant research and theoretical foundations. I have made whatever adjustments possible as I notice my deficiencies and have consistently been involved in improving my teaching strategies. However, despite my best efforts I have continued to face considerable obstacles in reaching out to some students in my classroom. Often these students were those who could be classified as at risk. They were sometimes from single-parent homes, students with tendencies towards delinquent behaviors and other similar students. There have also been students with noted cognitive or other physical difficulties, for whom the general education classroom, as is, was not adequate. More and more it became evident to me that within the general education classroom there is a diverse mix of students of different socioeconomic, cultural and ethnic backgrounds. Furthermore they had a range of abilities and performed to varying degrees of competence. I have acknowledged that, to some extent, I have contributed to the inability of some students to perform as well as others, as a result of my failure to effectively orient lessons to meet the needs of all learners. Another occurrence that has compounded this issue is the new move towards inclusion in the general education classroom. Increasingly more students with learning disabilities are being incorporated into the general education classroom. These changes in the educational framework has meant that needs have to modify their strategies to ensure that the needs of these diverse sets of learners are adequately met within their classroom and that students from all ability levels, achieve prescribed standards. Evolution With the coming on stream of the NCLB act, more attention is being placed on ensuring that classrooms are inclusive and that each learner is allowed to achieve his/her full potential based on individual abilities. The NCLB is a formidable demonstration of the particular interest that the federal government places on education. This issue presents several challenges for teachers in both the general education and the special education classrooms. Special education students are now being incorporated into the general education classroom and even where they remain in special education classrooms students are still required to demonstrate progress similar to that being achieved by the peers who do not have these special needs. Therefore teachers are required to ensure that every learner, despite their abilities or disabilities aspire to the same broad reaching goals and objectives as general education students. It is evident that the act, though it may present several benefits for special education, will also have its limitations. Educators are, however, still required to aim for the target of leaving no child behind. I firmly support the overall spirit of the NCLB act. The overriding principle of the NCLB is that each child registered within the school system must be given all opportunities to develop and to achieve and I agree with this position. To ensure the success of every child and to guarantee that no child is left behind, the act holds educators directly accountable for ensuring that each child aims for and achieves the prescribed standards. Having a particular interest in the development of students I was inspired by the newly emphasized principles of the NCLB act to obtain adequate training in special education so that I am equipped to deal with not only special education students, but the range of abilities that will come into the classroom. These broad reaching goals are of relevance to all involved in the education of children. Motivations to change I wish to develop the know-how and the skills that would help me become a dynamic teacher that is able to hone knowledge, skills and attitudes within learners from different socioeconomic backgrounds, with different cognitive capabilities, with varying physical and cognitive challenges or any multiple needs that may arise in the classroom. Teaching today is becoming more and more challenging. The influences of the teacher and what is taught in the classroom are being eroded by the mass media. The teacher has to compete with newly emerging communication technologies and the internet. The skills that were developed yesterday to tackle learner’s needs in the classroom soon become obsolete. I therefore wish to ensure that I remain on top of the game and continue to be a teaching who attempts to meet the needs of all learners. References Good, T.L.& Brophy, J.E. (1995). Contemporary Educational Psychology. (5th ed.). New York: Longman Publishers.