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The framers when they drafted language on Presidential Power in Article II provided only six enumerated powers, clearly concerned about creating a position that might over time become too powerful and possibly too tyrannical.  In the drive for ratification of the Constitution, the anti-federalist warned everyone that the executive would grow too powerful.    Discuss how Presidential powers have increased over the years and why?   Can we identify ways that Congress tried to check this ever-increasing power through legislation?   Be familiar with The Legislative Reorganization Act of 1946,  The War Powers Act of 1973, and The Budget and Impoundment Act of 1974, and the Congressional Review Act of 1996.  Some of these are discussed in the both Presidential Chapter and the preceding chapter on Congress.

Question

The framers when they drafted language on Presidential Power in Article II provided only six enumerated powers, clearly concerned about creating a position that might over time become too powerful and possibly too tyrannical.  In the drive for ratification of the Constitution, the anti-federalist warned everyone that the executive would grow too powerful.    Discuss how Presidential powers have increased over the years and why?   Can we identify ways that Congress tried to check this ever-increasing power through legislation?   Be familiar with The Legislative Reorganization Act of 1946,  The War Powers Act of 1973, and The Budget and Impoundment Act of 1974, and the Congressional Review Act of 1996.  Some of these are discussed in the both Presidential Chapter and the preceding chapter on Congress.

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Solution

Presidential powers have increased over the years due to a variety of factors. One of the main reasons is the growth and complexity of the federal government, which has necessitated a stronger executive branch. Additionally, crises such as wars and economic downturns have often led to expansions of presidential power, as the nation looks to the president for leadership and quick action.

Congress has attempted to check this increasing power through various pieces of legislation. The Legislative Reorganization Act of 1946, for example, was designed to streamline the legislative process and increase Congressional efficiency, thereby strengthening the legislative branch in relation to the executive.

The War Powers Act of 1973 was a direct response to the Vietnam War and was intended to limit the president's ability to commit U.S. forces without Congressional approval.

The Budget and Impoundment Act of 1974 was passed in response to President Nixon's refusal to spend funds that had been appropriated by Congress, a clear challenge to the power of the purse. This act limited the president's ability to impound funds and created a more structured budget process.

The Congressional Review Act of 1996 allows Congress to overrule regulations created by executive branch agencies. This gives Congress a way to check the executive branch's rule-making power.

In conclusion, while presidential power has indeed increased over the years, Congress has not been idle. Through legislation, it has sought to maintain a balance of power and check the growth of the executive branch.

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