Introduction
The US president is considered one of the most influential leaders on earth due to the wide-ranging powers he wields and the resources he commands (Bianco and Canon). The US president wields a strong influence on both local and foreign policy, derives his power from a broad range of sources including the constitution, and has grown in stature to address issues arising from globalization (Marshall). Despite this, it is not given that the President will always have his way when it comes to policy, legislation, and focusing attention on his core ideas (Carmines et al.). For instance, Trump campaigned on the core promises of building a border wall, repealing Obamacare, and implementing favorable trade agreements for American goods; it suffices to say he has underachieved in the stated areas (Bianco and Canon). A review of the presidency shows that despite all the perceived power, a president may still be unable to successfully push and achieve his core agenda as promised to the electorate.
Trump Executive Order on Immigration 2017
Despite a booming economy, his presidency has been dominated by claims of his involvement in the Russian meddling of the 2016 elections, with some of his associates facing jail time for the same (Bianco and Canon). (Williams). Presidential powers, therefore, have sharp limits (Congress, public dissatisfaction, or foreign opposition) that may stop a policy or legislation in its tracks despite the President's efforts (Rogowski). In light of the limitations of the presidency and growing global challenges, presidential power will continue to expand with executive orders remaining a vital aspect of implementing urgent or significant policy change.An example of the use of executive order is the immigration ban first issued by President Trump in January 2017; the order restricted travel from seven countries coincidentally the countries had high Muslim populations Syrian refugees were also barred from entering the US (BBC). Initially, the orders (both original and revised version) were struck down twice by courts, but the Supreme Court allowed partial implementation in March 2017. In September 2017, a third-order was issued affecting eight countries. Although some federal courts halted some parts of the travel ban as of June 2018, the Supreme Court upheld the legality of this executive order. As of January 2020, six additional countries were added to the immigration restriction list (BBC). Whereas the President cites national security for the said executive order, humans' rights activists state that it is unfair targeting of Muslim countries. For instance, the initial executive order triggered protests across the country and at airports with lawsuits filed by various states and organizations such as the American Civil Liberties Union and Urban Justice, among others. In light of the result after the judicial process, President Trump was within his right to implement urgently needed immigration policy through an executive order as a reaction to global challenges posed by terrorism and the inability of Congress to enact progressive immigration policy.
Significance of Executive Orders
Need for Urgent Action in Times of Crisis
In terms of crisis (whether major or minor), unilateral action may be preferred as compared to legislation (Williams). Unilateral action may be the best option as it is faster compared to a legislative process and also provides a temporary solution to an evolving situation (Marshall). The executive order allows the President to implement a quick response to a temporary problem (Marshall). For instance, President Trump considers the current immigration problem as a crisis; also, he has linked immigration to cases of terrorism that have occurred on US soil running his 2016 campaign on a robust anti-immigration platform (Williams). Global terrorism then becomes a national security issue that requires quick action from the President (Williams). In 2016, during his presidential campaign, President Trump was responding to a shooting that occurred at an Orlando night club. The President singled out radical Islamic terrorists as the perpetrators of the attack as a result of weak political response to security threats. Coincidentally majority of serious terrorist attacks on US soil have been primarily perpetrated by Muslim immigrants or their children.
The blame is placed on the immigration system that is characterized by inadequate screening; the President is then forced to take unilateral action to address a growing and dynamic threat and also deliver his electoral promises (Rogowski). For instance, the 2017 order restricting immigration is described as a temporary ban; it aims to minimize terrorist attacks on US soils by foreign nationals. Also, it allows for the Department of Homeland Security, State Department, and the FBI to develop a more comprehensive screening tool to address emerging security threats posed by immigration. To legitimize his action, the countries included in the ban had already been designated as high risk, with vetting aimed at keeping radical Islamic terrorists out of the US (BBC). The executive order, therefore, tackles two issues simultaneously national security (terrorism) and adequate immigration checks, quickly and decisively.
The Inability of a Bipartisan Legislature to Enact Meaningful Policy on Pertinent Issues
The current Presidency under Donald Trump is characterized by a bipartisan legislature (Republican-controlled Congress and a Democrat-controlled Senate); it is highly unlikely that the two will work together to enact meaningful legislation on pertinent issues like immigration (Carmines et al.). The expansion of executive power, specifically the use of executive order, is then used by the President (whether Republican or Democratic) to overcome recent congressional partisan polarization that is at an all-time high (Carmines et al.). Initially (up to the 1970s) there was a relative balance of power between the executive and Congress, but the balance is shifting to the presidency due to polarization in the legislature that makes it virtually impossible to enact bipartisan legislation (The current Presidency under Donald Trump is characterized by a bipartisan legislature (Republican-controlled Congress and a Democrat-controlled Senate); it is highly unlikely that the two will work together to enact meaningful legislation on pertinent issues like immigration (Carmines et al.).
The expansion of executive power, specifically the use of executive order, is then used by the President (whether Republican or Democratic) to overcome recent congressional partisan polarization that is at an all-time high (Carmines et al.). Polarization, in essence, results in policy stalemates and legislative gridlock, with Congress or Senate seeming not up to the challenge of taking effective action to address pertinent issues affecting the country (Bianco and Canon). For instance, Congress has tried from 2006 to set up meaningful immigration reform and failed; this means that polarization occurs even within party lines (BBC). A dysfunctional Congress means that Presidents have limited options to implement policy, with unilateral action the most viable alternative to legislation (Williams). Increased polarization and declined legislative capacity has led to the rise of executive authority at the expense of a diminished Congress.
Executive Overreach
Despite the need to use executive orders to overcome the challenge of legislative gridlock and to address the crisis (both major and minor), increased use of executive orders may be symbolic of misuse of presidential power (Bianco and Canon). The executive order issued by President Trump completely ignores the role of Congress in enacting immigration policy and, in extension, any other vital policy with far-reaching consequences. The immigration ban could be construed as the President executing the power to discriminate, racist abuse of power, and generally executive overreach. The implementation of such a crucial policy through sweeping executive orders allow the President to set aside fundamental Constitutional norms such as equal protection under the law and the freedom of religion. Also, the use of executive orders bypass crucial debates and deliberations that go into the process of making a bill into law; essentially, they are the President's wishes with little to no input from Congress or Senate (Bianco and Canon). For instance, the travel ban officially incorporates discrimination and bigotry in the immigration process; it is highly unlikely it would have been passed as it is if the process was Congressional based. After successfully maneuvering the judicial process the President has continued expanding the immigration ban to include even more countries
Impact of Presidential Authority and Executive Orders on the Quality of American Democracy
The expanding use of presidential authority and unilateral action has diminished the role of Congress, creating an imbalance between the executive and the legislature. American democracy is on the decline due to this imbalance, as the stature of the presidency has increased that of Congress has significantly decreased notably on critical public matters (Marshalls). Although the US presidency is supposed to be checked by Congress, the legislative body has failed to limit the development of an imperial system. The current system dominated by two parties, toxic partisanship, and out-of-touch legislators has resulted in governance failures with legislative arms of a government unable to agree and enact meaningful reform on public concerns like immigration. Also, as experienced from the executive order banning immigration, the constitutional check systems (judiciary or Congress) are merely symbolic as such orders are rarely overturned. Unchecked or excess presidential authority becomes terrible for democracy as other arms like Congress cede their power without thought while courts like the Supreme Court vote along political lines.
Conclusion
The US president wields a lot of influence and power both at the local and international levels. In recent years the presidential authority has continued to expand in response to emerging challenges and weakened system checks (Congress and the judiciary) as envisioned by the founding fathers. An example of the expansion in presidential authority is the use of executive orders to implement policy, an option that allows the President to bypass Congress. The immigration ban of 2017, enacted by President Trump's executive order, is an instance of presidential authority at work. Although the order was initially challenged in lower courts, it was eventually upheld by the Supreme Court and has been expanded to cover more countries. Although the US president is powerful, his ability to pass legislation to implement policy may be hampered by Congressional inaction. Executive orders then serve to help the President quickly and satisfactorily implement his policy actions in the face of an uncooperative Congress. Executive orders are a solution for urgent action to address crisis issues like immigrant-related terrorism. Also, they are a solution to a Congress commonly paralyzed by toxic partisanship. On the flip side, executive orders are also symbolic of presidential overreach restricting vital scrutiny of executive action. All in all, executive orders are necessary to enable the President to take quick and decisive action to address policy issues that legislation may fail to address in a timely and satisfactory manner.
Works Cited
Bianco, William, and David Canon. American Politics Today. 6th ed., W W Norton And Co. Limited, 2019, pp. 328-354.
The chapter introduces the concept of the US Presidency, roles, powers and limitations, and how it has evolved over time. The section also analyses how and why t...
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