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  • Essay / The Four Theories of Presidential Power - 826

    There are four theories of presidential power. Each of the four theories describes the nature and scope of presidential power from a different perspective. Constitutional theory: holds that Article II of the constitution contains a record of executive powers and that the president must be prepared at all times to justify his actions either on the basis of the record of powers contained in Article II or on implicit powers (Mason & Stephenson, 2012). Stewardship theory: Implies that the president is a "stewardship of the people" and is seen as responsible for doing whatever is necessary. of the nation deems it necessary, unless it violates the constitution (Mason and Stephenson, 2012). Unitary Executive Theory: This theory grants the president control over members of the executive branch and his power is limited only by the constitution. Unitary executive theory draws its basis from construction coordination initially mooted by Thomas Jefferson and reinforced by some later presidents. Thomas Jefferson was an influential framer of the Constitution, and his views were often those of many framers. The framers of the constitution believed that the president was elected to interpret and apply the constitution in the best interests of the voters. The framers also believed that Congress was elected to support the president and the beliefs set forth in the constitution. This theory reinforces that all three branches of the federal government have the responsibility to uphold the Constitution, not just the president (Mason and Stephenson, 2012). Prerogative theory: the power to act according to the discretion of the public good, without regard to the law or even possibly against the law. The president receives several inhe...... middle of paper ...... The Supreme Court has applied the stewardship theory under which the president is subject to court orders limiting his actions when the actions threaten a illegal act. The Supreme Court applies constitutional theory to almost every decision it makes. They believe that the president has all the powers granted by the Constitution and that if he exceeds those set out in the doctrine, then he must be able to justify his actions. This was demonstrated in Youngstown Sheet Tube Co v. Saywer. When the President was told he had overstepped his bounds (Mason & Stephenson, 2012).Mason, A. & Stephenson, D. (2012). American constitutional law. (16 ed., pp. 84-86). Boston: Longman. (nd). Retrieved from http://www.cqpress.com/incontext/constitution/docs/constitutional_powers.html(nd). Retrieved from http://www.law.cornell.edu/wex/emergency_powers