CONSTITUTIONAL LEGAL REGULATION OF THE EXECUTIVE BRANCH IN THE UNITED STATES
DOI:
https://doi.org/10.52026/2788-5291_2022_69_2_175Keywords:
public service, the executive branch of the United States, presidential control, the expansion of presidential power, the relationship between the President's forces and the management of CongressAbstract
The American executive (presidential) government has long been interested in social sciences and has attracted the attention of researchers and the media. The U.S. Constitution describes the points of the U.S. government the powers and restrictions that are granted to them. Article II sets out the tasks of the executive branch.
Despite the lack of attention to the executive branch, historian Jack Rakoff called it the «most creative act» of the creators of the presidential post. In article II of the Constitution, the creators offered the world something completely new: power is the head of the executive branch, which comes from the people and not from heredity or power. However, the Constitution says little that the President will be as strong as today. The developers assumed that the legislature would be much more influential. Madison wrote that «it is rare if the executive power represented by us has sufficient power to resist the legislative power».
The surprisingly short section of the Constitution (Article II), which establishes the powers and duties of the President, leaves a wide range of influences that presidents can flexibly interpret. (Not surprisingly, presidents do this in their favor). Often, the powers of the President are not spelled out in Article II but reflect the norms developed over two centuries of history.