The document discusses the inherent powers of the U.S. president that are not clearly defined in the Constitution but are derived from it. There is debate around inherent powers as they are not explicitly mentioned. Examples of inherent powers discussed include the power to engage in war, foreign surveillance, detaining enemy combatants, coercive interrogation, executive privilege over classified information, and emergency powers. Historical examples of cases where inherent powers were exercised are provided.
1. The Inherent Powers of
the President
Group 2:
Mirra Saniya 071311233002
Ni Putu Bunga Levista Briliani 071311233025
Amalia Mastur 071311233036
Sri Harini Wijayanti 071311233049
Didang Alexander 071311233063
Rosalia Jasmine 071311233077
2. Powers that are claimed by the president which are not clearly
specified in the Constitution but it is derived from the
Constitution.
Another power giving to the President beside the
Constitutional Power (the powers which has been explained
in the Constitution).
Inherent Powers?
3. Because they are not mentioned specifically in the
Constitution, inherent powers are often perceived as
ambivalent.
There are several debates throughout centuries about the
inherent powers of the president.
Every judge of the Supreme Court has different
interpretations as to perceiving the Constitution
regarding the matters related to inherent powers
The Debates
4. Inherent Powers of the President
Inherent Powers
Power to go to WAR
Power to engage in
foreign surveillance
Power to detain
enenmy combatants
Power to engage in
coercive
interrogation of
enemies
5. U.S. president has the rights over American troops and are able
to send them into combat or combat situations without any
interference or intrusion from the congressional authorization.
President have the power send troops to war but Congress is
still the one who could declare war .
Special Prerogatives
6. President has power to arrange matters with other countries
in which he or she does not require Congress' approval as part
of the inherent power.
Congress does not have the rights to stop the decision-making
process between the president and other countries' leaders.
Executive Agreements
7. President has power to decide wheter or not to release
information gathered or developed by the executive branch to
the Congress or even the courts.
The need to protect and classify diplomatic and military
information as secrecy, has served its place as the strong
argument supporting the act or this privilige.
Executive Privilege
8. It is used in a critical point in order to respond to a crisis.
Like other inherent powers, emergency power do not requires
Congress approval to be passed.
Emergency Power
9. Foreign Policy President George Washington attested the
United States' position to remain neutral during the 1793 war
between France and Great Britain.
Executive Privilege George W. Bush during the investigation
into the firing numbers of U.S. Attorneys.
Emergency Power Franklin D. Roosevelt in
responsing to the Great Depression and World War II.
Example of Cases