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120-577: The Act allows the President of the United States and United States Secretary of the Treasury to publicly identify "significant foreign narcotics traffickers" and to freeze their assets. The Act also prohibits any "United States person" from conducting business with any designated foreign narcotics traffickers, and provides for both civil penalties and criminal prosecution for violations. The work of enforcing

240-524: A DEA Most Wanted Fugitive. In August 2016, AXA Equitable Life Insurance Company and Humana, Inc each received a Finding of Violation for failing to cease transacting business with three customers who were named under the Kingpin Act. The products in question were health insurance policies. Neither company nor their subsidiaries were fined as they cooperated with the OFAC investigation. The criminal portion of

360-617: A dual-nationality Mexico/U.S. citizen . Oseguera González had been attending a proceeding for her brother, Rubén Oseguera González (alias, "El Menchito") in the United States District Court for the District of Columbia , where he was accused of participation in the narcotrafficking of the Jalisco New Generation Cartel (CJNG). The United States Attorney for the District of Columbia charged Oseguera González with

480-1021: A president of the United States in Congress Assembled to preside over its deliberation as a neutral discussion moderator . Unrelated to and quite dissimilar from the later office of president of the United States, it was a largely ceremonial position without much influence. In 1783, the Treaty of Paris secured independence for each of the former colonies. With peace at hand, the states each turned toward their own internal affairs. By 1786, Americans found their continental borders besieged and weak and their respective economies in crises as neighboring states agitated trade rivalries with one another. They witnessed their hard currency pouring into foreign markets to pay for imports, their Mediterranean commerce preyed upon by North African pirates , and their foreign-financed Revolutionary War debts unpaid and accruing interest. Civil and political unrest loomed. Events such as

600-501: A "disruptive" erosion of his ability to govern. Ford failed to win election to a full term and his successor, Jimmy Carter , failed to win re-election. Ronald Reagan , who had been an actor before beginning his political career, used his talent as a communicator to help reshape the American agenda away from New Deal policies toward more conservative ideology. With the Cold War ending and

720-528: A case concerning the Honduran Banco Continental was the first time the act had been used against a bank outside the United States . On July 27, 2016, the OFAC issued a Finding of Violation against BBVA USA for maintaining the accounts of two persons on OFAC's List of Specially Designated Nationals and Blocked Persons. The two persons are accused of money launderers for Rafael Caro Quintero ,

840-559: A delegate for Virginia. When the Constitutional Convention convened in May 1787, the 12 state delegations in attendance ( Rhode Island did not send delegates) brought with them an accumulated experience over a diverse set of institutional arrangements between legislative and executive branches from within their respective state governments. Most states maintained a weak executive without veto or appointment powers, elected annually by

960-463: A dominant figure in American politics. Historians believe Roosevelt permanently changed the political system by strengthening the presidency, with some key accomplishments including breaking up trusts, conservationism, labor reforms, making personal character as important as the issues, and hand-picking his successor, William Howard Taft . The following decade, Woodrow Wilson led the nation to victory during World War I , although Wilson's proposal for

1080-541: A global program targeting the activities of significant foreign narcotics traffickers and their organizations. The new Act provides a statutory framework for the President to institute sanctions against foreign drug kingpins when such sanctions are appropriate, with the objective of denying their businesses and agents access to the U.S. financial system and to the benefits of trade and transactions involving U.S. businesses and individuals. Working with other nations, I intend to use

1200-534: A good deal of foreign and domestic policy without aid, interference or consent from Congress". Bill Wilson , board member of Americans for Limited Government , opined that the expanded presidency was "the greatest threat ever to individual freedom and democratic rule". Article I, Section   1 of the Constitution vests all lawmaking power in Congress's hands, and Article 1, Section 6, Clause   2 prevents

1320-543: A handwritten letter written and signed by Guzman, as well as the statements of two unnamed cooperating witnesses who had worked with Guzman. On June 10, 2021, the United States Attorney for the District of Columbia and Coronel Aispuro agreed to a plea deal , in which she waived indictment and pleaded guilty in the U.S. District Court for the District of Columbia to a felony criminal information with three counts: On November 30, 2021, Judge Rudolph Contreras of

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1440-466: A month after taking office. Presidents often grant pardons shortly before leaving office, like when Bill Clinton pardoned Patty Hearst on his last day in office; this is often controversial . Two doctrines concerning executive power have developed that enable the president to exercise executive power with a degree of autonomy. The first is executive privilege , which allows the president to withhold from disclosure any communications made directly to

1560-943: A number of issues, including representation and voting, and the exact powers to be given the central government. Congress finished work on the Articles of Confederation to establish a perpetual union between the states in November 1777 and sent it to the states for ratification . Under the Articles, which took effect on March 1, 1781, the Congress of the Confederation was a central political authority without any legislative power. It could make its own resolutions, determinations, and regulations, but not any laws, and could not impose any taxes or enforce local commercial regulations upon its citizens. This institutional design reflected how Americans believed

1680-431: A policy—fleshing out the broader mandates of authorizing legislation. For example, typically a legislature would pass a law mandating the establishment of safe drinking water standards, and then assign an agency to develop the list of contaminants and safe levels through rulemaking. The rise of the rulemaking process itself is a matter of political controversy. Many find that obscure and complex rulemaking tends to undercut

1800-431: A presidential veto, it requires a two-thirds vote of both houses, which is usually very difficult to achieve except for widely supported bipartisan legislation. The framers of the Constitution feared that Congress would seek to increase its power and enable a "tyranny of the majority", so giving the indirectly elected president a veto was viewed as an important check on the legislative power. While George Washington believed

1920-496: A process by which the Director of OFAC may issue a "prepenalty notice" to a suspected violator detailing alleged conduct, allowing the suspected violator to respond and enter informal settlement. Every presidency since 2000 has made Kingpin Act designations, including Bill Clinton , George W. Bush , Barack Obama , Donald Trump , and Joseph R. Biden . The New York Times has said that

2040-440: A rule argue that it fails to follow the instructions of the authorizing legislation. Rules can be found to exceed statutory authority if they are too strict or too lax. If a law instructs an agency to issue regulations to ban a chemical, but the agency issues a rule that instead sets levels for safe use—or vice versa—a court may order the agency to issue a new rule. Bolt out of the blue. Occasionally, interested parties argue that

2160-438: A sexual harassment suit could proceed without delay, even against a sitting president. The 2019 Mueller report on Russian interference in the 2016 presidential election detailed evidence of possible obstruction of justice , but investigators declined to refer Donald Trump for prosecution based on a United States Department of Justice policy against indicting an incumbent president. The report noted that impeachment by Congress

2280-601: A sitting American president led troops in the field", though James Madison briefly took control of artillery units in defense of Washington, D.C. , during the War of 1812 . Abraham Lincoln was deeply involved in overall strategy and in day-to-day operations during the American Civil War , 1861–1865; historians have given Lincoln high praise for his strategic sense and his ability to select and encourage commanders such as Ulysses S. Grant . The present-day operational command of

2400-536: A state visit by a foreign head of state, the president typically hosts a State Arrival Ceremony held on the South Lawn , a custom begun by John F. Kennedy in 1961. This is followed by a state dinner given by the president which is held in the State Dining Room later in the evening. As a national leader, the president also fulfills many less formal ceremonial duties. For example, William Howard Taft started

2520-411: A typical U.S. federal rulemaking would contain these steps: (a) the information to be collected “is necessary for the proper performance of the functions of the agency”; (b) the agency is not seeking “unnecessarily duplicative” collection of “information otherwise reasonably accessible to the agency”; (c) the agency “has taken every reasonable step to ensure that the proposed collection of information …

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2640-537: Is Classified or Law Enforcement Sensitive a more detailed classified report is provided solely to the United States House Permanent Select Committee on Intelligence and United States Senate Select Committee on Intelligence . The Presidential report to Congress is the main means for designating a significant foreign narcotics traffickers are designated under authorities granted by 21 U.S.C.   § 1904(b)(1) . Additionally,

2760-419: Is also a reciprocal prohibition placed on all United States persons against any transaction with a person or entity designated under the Act. For purposes of each of these measures, "United States person" is defined expansively and includes any United States citizen or national, permanent resident alien, an entity organized under the laws of the United States (including its foreign branches), or any person within

2880-413: Is head of the executive branch of the federal government and is constitutionally obligated to "take care that the laws be faithfully executed". The executive branch has over four million employees, including the military. Presidents make political appointments . An incoming president may make up to 4,000 upon taking office, 1200 of which must be confirmed by the U.S. Senate . Ambassadors , members of

3000-592: Is in the public interest. Significant rules (defined by Executive Order 12866) and major rules (defined by the Small Business Regulatory Enforcement Fairness Act ) are required to have a 60-day delayed effective date. Most modern rulemaking authorities have a common law tradition or a specific basic law that essentially regulates the regulators, subjecting the rulemaking process to standards of due process , transparency, and public participation . Private rulemaking bodies, such as

3120-420: Is moving toward posting rulemaking dockets online at www.regulations.gov . Supporting documentation for 37% of new rulemakings was available on-line as of August 2006. By August 2007 it was available for 80% of new rulemakings. Interested parties frequently comb through the agency's data to find flaws in the agency's reasoning. Also, interested parties’ comments on the rule then become part of this record. In

3240-523: Is no reasonable way that the agency could have drafted the rule, given the evidence in the rulemaking record. A court may send a rule back to the agency for further analysis, generally leaving the agency to decide whether to change the rule to match the existing record or to amend the record to show how they arrived at the original rule. If a court does remand a rule back to the agency, it almost always involves an additional notice and public comment period. Exceeds statutory authority. Frequently, opponents of

3360-421: Is significantly shaped by the outcome of presidential elections, with presidents taking an active role in promoting their policy priorities to members of Congress who are often electorally dependent on the president. In recent decades, presidents have also made increasing use of executive orders , agency regulations, and judicial appointments to shape domestic policy. The president is elected indirectly through

3480-685: Is the 46th and current president, having assumed office on January 20, 2021. President-elect Donald Trump is scheduled to be inaugurated as the 47th president on January 20, 2025. During the American Revolutionary War , the Thirteen Colonies , represented by the Second Continental Congress in Philadelphia , declared themselves to be independent sovereign states and no longer under British rule. The affirmation

3600-477: Is the least burdensome necessary”; and (d) the regulations are “written using plain, coherent, and unambiguous terminology.” In the United States when an agency publishes a final rule generally the rule is effective no less than thirty days after the date of publication in the Federal Register. If the agency wants to make the rule effective sooner, it must cite "good cause" (persuasive reasons) as to why this

3720-556: Is to be commander-in-chief of the army and navy of the United States.   ... It would amount to nothing more than the supreme command and direction of the military and naval forces   ... while that [the power] of the British king extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all [of] which   ... would appertain to the legislature. [Emphasis in

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3840-488: The Boy Scouts of America . Rulemaking In administrative law , rulemaking is the process that executive and independent agencies use to create, or promulgate , regulations . In general, legislatures first set broad policy mandates by passing statutes , then agencies create more detailed regulations through rulemaking . By bringing detailed scientific and other types of expertise to bear on policy,

3960-530: The Cabinet , and various officers , are among the positions filled by presidential appointment with Senate confirmation. The power of a president to fire executive officials has long been a contentious political issue. Generally, a president may remove executive officials at will. However, Congress can curtail and constrain a president's authority to fire commissioners of independent regulatory agencies and certain inferior executive officers by statute . To manage

4080-603: The Cali Cartel of Colombia beginning in 1995. Paul Coverdell and Porter Goss championed the legislation with the support of Clinton in 1999. Since then, the President and Treasury have invoked the Kingpin Act to target a variety of foreign drug trafficking organizations . Before the Kingpin Act, President Bill Clinton invoked the National Emergencies Act and International Emergency Economic Powers Act through his Executive Order 12978 of 1995. The Order targeted

4200-555: The Electoral College to a four-year term, along with the vice president . Under the Twenty-second Amendment , ratified in 1951, no person who has been elected to two presidential terms may be elected to a third. In addition, nine vice presidents have become president by virtue of a president's intra-term death or resignation . In all, 45 individuals have served 46 presidencies spanning 58 four-year terms. Joe Biden

4320-538: The Internet Engineering Task Force , Java Community Process , and other technical communities, have adopted similar principles and frameworks to ensure fairness, transparency, and thoroughness. While the mechanics vary, these efforts follow the same pattern of an open rulemaking record, public publication of proposals, and an opportunity for public comment on those proposals before they are finalized. Public participation requires some official methods for

4440-742: The League of Nations was rejected by the Senate. Warren Harding , while popular in office, would see his legacy tarnished by scandals, especially Teapot Dome , and Herbert Hoover quickly became very unpopular after failing to alleviate the Great Depression . The ascendancy of Franklin D. Roosevelt in 1933 led further toward what historians now describe as the Imperial presidency . Backed by enormous Democratic majorities in Congress and public support for major change, Roosevelt's New Deal dramatically increased

4560-636: The Newburgh Conspiracy and Shays' Rebellion demonstrated that the Articles of Confederation were not working. Following the successful resolution of commercial and fishing disputes between Virginia and Maryland at the Mount Vernon Conference in 1785, Virginia called for a trade conference between all the states, set for September 1786 in Annapolis, Maryland , with an aim toward resolving further-reaching interstate commercial antagonisms. When

4680-552: The Supreme Court of the United States . However, these nominations require Senate confirmation before they may take office. Securing Senate approval can provide a major obstacle for presidents who wish to orient the federal judiciary toward a particular ideological stance. When nominating judges to U.S. district courts , presidents often respect the long-standing tradition of senatorial courtesy . Presidents may also grant pardons and reprieves . Gerald Ford pardoned Richard Nixon

4800-874: The Tijuana Cartel ), Rafael Caro Quintero (of the Guadalajara Cartel ); and Vicente Carrillo Fuentes ( Juárez Cartel ); two accused traffickers from the Golden Triangle , Wei Hsueh-kang and Chang Chi-fu ; and Nigerian brothers Abeni O. Ogungbuyi and Oluwole A. Ogungbuyi. The Kingpin Act legislation delegated rulemaking authority to the U.S. Department of the Treasury . The Treasury's adopted rules were first published in 65 FR 41336 as "Reporting and Procedures Regulations; Foreign Narcotics Kingpin Sanctions Regulations" on July 5, 2000 As of February 2022, 2,182 individuals and entities have been added to

4920-578: The U.S. Constitution emerged. As the nation's first president, George Washington established many norms that would come to define the office. His decision to retire after two terms helped address fears that the nation would devolve into monarchy, and established a precedent that would not be broken until 1940 and would eventually be made permanent by the Twenty-Second Amendment . By the end of his presidency, political parties had developed, with John Adams defeating Thomas Jefferson in 1796,

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5040-423: The U.S. District Court for the District of Columbia sentenced Coronel to three years in prison, followed by four years of supervised release . Judge Contreras did not sentence Coronel to the four years requested by prosecutors, noting that she was a teenager when she married Guzman and admitted her guilt upon capture. President of the United States [REDACTED] [REDACTED] The president of

5160-942: The United States Secretary of the Treasury may make "derivative designations" in consultation with the U.S. Attorney General , the U.S. Director of National Intelligence , the Director of the Federal Bureau of Investigation , the Administrator of Drug Enforcement , the U.S. Secretary of Defense , and the U.S. Secretary of State . These include foreign persons (including corporate persons ) found to be: When announcing new or revised sanctions, Treasury Office of Foreign Assets Control has released network map illustrations detailing relationships between and among designated significant foreign narcotics traffickers and derivative designees in alleged drug trafficking organizations , e.g.,

5280-732: The United States Sentencing Commission . Since that Opinion, the Kingpin Act charge of "Engaging in Transactions and Dealings in Properties of a Designated Significant Foreign Narcotics Trafficker" has been employed twice against the Mexican-American relatives of high-profile Mexican cartel narcotraffickers. In February 2020, the Drug Enforcement Administration arrested Jessica Johanna Oseguera González,

5400-587: The Watergate scandal , Congress enacted a series of reforms intended to reassert itself. These included the War Powers Resolution , enacted over Nixon's veto in 1973, and the Congressional Budget and Impoundment Control Act of 1974 that sought to strengthen congressional fiscal powers. By 1976, Gerald Ford conceded that "the historic pendulum" had swung toward Congress, raising the possibility of

5520-612: The Watergate scandal , the Supreme Court ruled in United States v. Nixon , 418 U.S. 683 (1974), that executive privilege did not apply in cases where a president was attempting to avoid criminal prosecution. When Bill Clinton attempted to use executive privilege regarding the Lewinsky scandal , the Supreme Court ruled in Clinton v. Jones , 520 U.S. 681 (1997), that

5640-485: The convention failed for lack of attendance due to suspicions among most of the other states, Alexander Hamilton of New York led the Annapolis delegates in a call for a convention to offer revisions to the Articles, to be held the next spring in Philadelphia . Prospects for the next convention appeared bleak until James Madison and Edmund Randolph succeeded in securing George Washington 's attendance to Philadelphia as

5760-672: The democratic ideal of a government that is closely watched by and accountable to its citizens. Although executive agencies are usually charged with executing, not promulgating a regulatory scheme, the breadth and depth of regulation today renders it difficult, if not impossible, for legislatures to specify the details of modern regulatory schemes. As a result, the specification of these details are mostly delegated to agencies for rulemaking. Common purposes of rulemaking include: Rulemaking processes are generally designed to ensure that The primary administrative law statutes and other laws that govern agency rule making include: For example,

5880-580: The 1830s and 1840s until debates over slavery began pulling the nation apart in the 1850s. Abraham Lincoln 's leadership during the Civil War has led historians to regard him as one of the nation's greatest presidents. The circumstances of the war and Republican domination of Congress made the office very powerful, and Lincoln's re-election in 1864 was the first time a president had been re-elected since Jackson in 1832. After Lincoln's assassination, his successor Andrew Johnson lost all political support and

6000-494: The Act has been delegated to the Treasury's Office of Foreign Assets Control (OFAC), overseen by United States Congress and advised by several United States federal executive departments , the United States Intelligence Community , and federal law enforcement agencies . The creation of the Kingpin Act followed President Bill Clinton 's use of Executive Order 12978 to target and isolate members of

6120-640: The Armed Forces is delegated to the Department of Defense and is normally exercised through the secretary of defense . The chairman of the Joint Chiefs of Staff and the Combatant Commands assist with the operation as outlined in the presidentially approved Unified Command Plan (UCP). The president has the power to nominate federal judges , including members of the United States courts of appeals and

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6240-748: The CJNG-allied gang Los Cuinis. Gonzalez pleaded guilty in March 2021. She was sentenced to 30 months in prison and 24 months supervised release. Coronel was arrested at Dulles International Airport on February 22, 2021. The Federal Bureau of Investigation 's arrest warrant stated their probable cause included evidence of Coronel shuttling messages from Guzman to Sinaloa Cartel associates, assisting Guzman's escape from Federal Social Readaptation Center No. 1 "Altiplano" in 2015 through bribery and, following his recapture, and helping coordinate another escape attempt aborted following Guzman's extradition. The affidavit cited

6360-470: The Constitution grants to the president as commander-in-chief has been the subject of much debate throughout history, with Congress at various times granting the president wide authority and at others attempting to restrict that authority. The framers of the Constitution took care to limit the president's powers regarding the military; Alexander Hamilton explained this in Federalist No. 69 : The President

6480-489: The Counter Narcotics Trafficking Sanctions list. The Kingpin Act contains details about how narcotics traffickers and their associates are identified and designated for sanctions; how property is blocked; enforcement against violations; and the ongoing review of the program. The legislation provides that the President submit an annual report to the U.S. Congress to identify "the foreign persons that

6600-514: The Kingpin Act crime of Engaging in Transactions or Dealings in Properties of a Designated Foreign Person for her role as nominal owner and officer of six businesses designated for providing material support to the narcotics trafficking activities of the CJNG and her father, the fugitive and accused CJNG boss Nemesio Oseguera Cervantes , “El Mencho.” The U.S. Attorney also charged Oseguera González of assisting her uncle, Abigael González Valencia , leader of

6720-504: The Kingpin Act is specific to U.S. persons. While there have been thousands of designated foreign traffickers under the Kingpin Act since 2000, there have been few prosecutions under the act itself. In December 2020, Chief United States District Judge of the United States District Court for the District of Columbia Beryl A. Howell wrote in a Memorandum Opinion that "in the last five years, two individuals were convicted under 21 U.S.C.   § 1904 ," citing statistics received from

6840-401: The President determines are appropriate for sanctions," and to detail "the President's intent to impose sanctions upon these significant foreign narcotics traffickers pursuant to this chapter." The names and much other information are released publicly and to several Congressional Committees. However, as much of the information used to justify targeting a significant foreign narcotics trafficker

6960-469: The Supreme Court dismissed a case brought by a former Union spy. However, the privilege was not formally recognized by the U.S. Supreme Court until United States v. Reynolds 345 U.S. 1 (1953), where it was held to be a common law evidentiary privilege. Before the September 11 attacks , use of the privilege had been rare, but increasing in frequency. Since 2001, the government has asserted

7080-431: The U.S., interested parties can sue to have a judge review the rulemaking process once the rule is finalized. Interested parties frequently sue the rulemaking agency, asking the court to order the agency to reconsider. For example, environmental groups may sue, claiming that the rule is too lax on industry; or industry groups may sue, claiming that the rule is too onerous. Traditionally, courts are reluctant to step into

7200-504: The United States ( POTUS ) is the head of state and head of government of the United States of America . The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces . The power of the presidency has grown substantially since the first president, George Washington , took office in 1789. While presidential power has ebbed and flowed over time,

7320-483: The United States and other countries. Such agreements, upon receiving the advice and consent of the U.S. Senate (by a two-thirds majority vote), become binding with the force of federal law. While foreign affairs has always been a significant element of presidential responsibilities, advances in technology since the Constitution's adoption have increased presidential power. Where formerly ambassadors were vested with significant power to independently negotiate on behalf of

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7440-626: The United States becoming the world's undisputed leading power, Bill Clinton , George W. Bush , and Barack Obama each served two terms as president. Meanwhile, Congress and the nation gradually became more politically polarized, especially following the 1994 mid-term elections that saw Republicans control the House for the first time in 40 years, and the rise of routine filibusters in the Senate in recent decades. Recent presidents have thus increasingly focused on executive orders , agency regulations, and judicial appointments to implement major policies, at

7560-423: The United States, presidents now routinely meet directly with leaders of foreign countries. One of the most important of executive powers is the president's role as commander-in-chief of the United States Armed Forces . The power to declare war is constitutionally vested in Congress, but the president has ultimate responsibility for the direction and disposition of the military. The exact degree of authority that

7680-549: The United States. As with many United States sanctions programs, the Kingpin Act imposes a set of requirements for those involved in international trade. Regulations created under the Act elaborate on the scope of transactions prohibited and types of property affected. The Kingpin Act forbids United States persons from activities that have "the effect of evading or avoiding, and any endeavor, attempt, or conspiracy to violate" prohibitions against transacting business with designated narcotraffickers. Regulations further point to use of

7800-522: The White House". Presidents have been criticized for making signing statements when signing congressional legislation about how they understand a bill or plan to execute it. This practice has been criticized by the American Bar Association as unconstitutional. Conservative commentator George Will wrote of an "increasingly swollen executive branch" and "the eclipse of Congress". To allow

7920-683: The act has been used for the US to pursue dozens of criminal organizations involved in narcotics across the world. It also wrote that, "The act allows the Treasury Department to freeze any assets of the cartels found in United States jurisdictions and to prosecute Americans who help the cartels handle their money." In 2008, A.G. Edwards subsidiary A.G. Edwards and Sons voluntarily disclosed that it failed to block investment accounts and had processed transactions of accounts owned by narcotics traffickers. It settled by remitting $ 122,358.35. On October 7, 2015,

8040-515: The agency to communicate with the public. Generally, agencies produce an official gazette , or periodical for publishing all rulemaking notice, such as the Federal Register . Once a rule is final, the language of the rule itself (not the supporting analysis or data) is codified in the official body of regulations, such as the Code of Federal Regulations (CFR). In essence, the accountability of

8160-544: The death of William Henry Harrison and subsequent poor relations between John Tyler and Congress led to further weakening of the office. Including Van Buren, in the 24 years between 1837 and 1861, six presidential terms would be filled by eight different men, with none serving two terms. The Senate played an important role during this period, with the Great Triumvirate of Henry Clay , Daniel Webster , and John C. Calhoun playing key roles in shaping national policy in

8280-429: The decision is not patently unreasonable (under Canadian law) or Wednesbury unreasonableness (under British law) or similar doctrines described below. These powers of review of administrative decisions, while often governed by statute, were originally developed out of the royal prerogative writs of English law such as the writ of mandamus and the writ of certiorari . Thus, it is not enough to simply claim that

8400-457: The deposed British system of Crown and Parliament ought to have functioned with respect to the royal dominion : a superintending body for matters that concerned the entire empire. The states were out from under any monarchy and assigned some formerly royal prerogatives (e.g., making war, receiving ambassadors, etc.) to Congress; the remaining prerogatives were lodged within their own respective state governments. The members of Congress elected

8520-461: The executive branch may draft legislation and then ask senators or representatives to introduce these drafts into Congress. Additionally, the president may attempt to have Congress alter proposed legislation by threatening to veto that legislation unless requested changes are made. Many laws enacted by Congress do not address every possible detail, and either explicitly or implicitly delegate powers of implementation to an appropriate federal agency. As

8640-467: The expense of legislation and congressional power. Presidential elections in the 21st century have reflected this continuing polarization, with no candidate except Obama in 2008 winning by more than five percent of the popular vote and two, George W. Bush and Donald Trump , winning in the Electoral College while losing the popular vote. The nation's Founding Fathers expected the Congress , which

8760-451: The facts and analysis behind the rule. Agencies must assemble and make public a rulemaking record that includes all information considered as part of the rulemaking process. These records can be enormous and can easily fill scores to hundreds of boxes. Interested parties generally must travel to an agency repository to inspect and copy this record. In the United States, the Federal government

8880-504: The federal government by issuing various types of directives , such as presidential proclamation and executive orders . When the president is lawfully exercising one of the constitutionally conferred presidential responsibilities, the scope of this power is broad. Even so, these directives are subject to judicial review by U.S. federal courts, which can find them to be unconstitutional. Congress can overturn an executive order through legislation. Article II, Section 3, Clause 4 requires

9000-462: The final rule contains provisions that were never vetted during the public comment period. A court may intervene if it finds that there was no way that the commenting public could have anticipated the new provisions and provided comments. If so, the new provisions are said to be, in a colorful legal phrase, a 'bolt out of the blue' rather than a reasonable course correction during the rulemaking process. Frequently, agencies will vet several options during

9120-522: The first U.S. president, firmly established military subordination under civilian authority . In 1794, Washington used his constitutional powers to assemble 12,000 militia to quell the Whiskey Rebellion , a conflict in Western Pennsylvania involving armed farmers and distillers who refused to pay an excise tax on spirits. According to historian Joseph Ellis , this was the "first and only time

9240-522: The first truly contested presidential election. After Jefferson defeated Adams in 1800, he and his fellow Virginians James Madison and James Monroe would each serve two terms, eventually dominating the nation's politics during the Era of Good Feelings until Adams' son John Quincy Adams won election in 1824 after the Democratic-Republican Party split. The election of Andrew Jackson in 1828

9360-417: The government to act quickly in case of a major domestic or international crisis arising when Congress is not in session, the president is empowered by Article II, Section   3 of the Constitution to call a special session of one or both houses of Congress. Since John Adams first did so in 1797, the president has called the full Congress to convene for a special session on 27 occasions. Harry S. Truman

9480-580: The growing federal bureaucracy, presidents have gradually surrounded themselves with many layers of staff, who were eventually organized into the Executive Office of the President of the United States . Within the Executive Office, the president's innermost layer of aides, and their assistants, are located in the White House Office . The president also possesses the power to manage operations of

9600-474: The head of the executive branch, presidents control a vast array of agencies that can issue regulations with little oversight from Congress. In the 20th century, critics charged that too many legislative and budgetary powers that should have belonged to Congress had slid into the hands of presidents. One critic charged that presidents could appoint a "virtual army of 'czars'—each wholly unaccountable to Congress yet tasked with spearheading major policy efforts for

9720-461: The leader of the nation with the largest economy by nominal GDP , the president possesses significant domestic and international hard and soft power . For much of the 20th century, especially during the Cold War , the U.S. president was often called "the leader of the free world". Article II of the Constitution establishes the executive branch of the federal government and vests executive power in

9840-459: The leadership of the Cali Cartel , at the time the largest narcotrafficking organization in Colombia , by adding their names to the Treasury's Specially Designated Nationals and Blocked Persons List . A Treasury report to Congress reported the E.O. 12978 sanctions as successful, and that 40 cartel-related companies with estimated combined annual sales of over $ 200 million were either liquidated or in

9960-422: The legislature to a single term only, sharing power with an executive council, and countered by a strong legislature. New York offered the greatest exception, having a strong, unitary governor with veto and appointment power elected to a three-year term, and eligible for reelection to an indefinite number of terms thereafter. It was through the closed-door negotiations at Philadelphia that the presidency framed in

10080-506: The office as a position of global leadership. His successors, Harry Truman and Dwight D. Eisenhower , each served two terms as the Cold War led the presidency to be viewed as the " leader of the free world ", while John F. Kennedy was a youthful and popular leader who benefited from the rise of television in the 1960s. After Lyndon B. Johnson lost popular support due to the Vietnam War and Richard Nixon 's presidency collapsed in

10200-423: The original.] In the modern era, pursuant to the War Powers Resolution , Congress must authorize any troop deployments longer than 60 days, although that process relies on triggering mechanisms that have never been employed, rendering it ineffectual. Additionally, Congress provides a check to presidential military power through its control over military spending and regulation. Presidents have historically initiated

10320-412: The presidency has played an increasingly significant role in American political life since the beginning of the 20th century, carrying over into the 21st century with notable expansions during the presidencies of Franklin D. Roosevelt and George W. Bush . In modern times, the president is one of the world's most powerful political figures and the leader of the world's only remaining superpower . As

10440-516: The president (and all other executive branch officers) from simultaneously being a member of Congress. Nevertheless, the modern presidency exerts significant power over legislation, both due to constitutional provisions and historical developments over time. The president's most significant legislative power derives from the Presentment Clause , which gives the president the power to veto any bill passed by Congress . While Congress can override

10560-406: The president believes are needed. Additionally, the president can attempt to shape legislation during the legislative process by exerting influence on individual members of Congress. Presidents possess this power because the Constitution is silent about who can write legislation, but the power is limited because only members of Congress can introduce legislation. The president or other officials of

10680-461: The president in the performance of executive duties. George Washington first claimed the privilege when Congress requested to see Chief Justice John Jay 's notes from an unpopular treaty negotiation with Great Britain . While not enshrined in the Constitution or any other law, Washington's action created the precedent for the privilege. When Nixon tried to use executive privilege as a reason for not turning over subpoenaed evidence to Congress during

10800-504: The president is authorized to adjourn Congress if the House and Senate cannot agree on the time of adjournment; no president has ever had to exercise this power. Suffice it to say that the President is made the sole repository of the executive powers of the United States, and the powers entrusted to him as well as the duties imposed upon him are awesome indeed. Nixon v. General Services Administration , 433 U.S. 425 (1977) ( Rehnquist, J. , dissenting ) The president

10920-422: The president personally has absolute immunity from court cases is contested and has been the subject of several Supreme Court decisions. Nixon v. Fitzgerald (1982) dismissed a civil lawsuit against by-then former president Richard Nixon based on his official actions. Clinton v. Jones (1997) decided that a president has no immunity against civil suits for actions taken before becoming president and ruled that

11040-497: The president to "receive Ambassadors." This clause, known as the Reception Clause, has been interpreted to imply that the president possesses broad power over matters of foreign policy, and to provide support for the president's exclusive authority to grant recognition to a foreign government. The Constitution also empowers the president to appoint United States ambassadors, and to propose and chiefly negotiate agreements between

11160-512: The president to recommend such measures to Congress which the president deems "necessary and expedient". This is done through the constitutionally-based State of the Union address, which usually outlines the president's legislative proposals for the coming year, and through other formal and informal communications with Congress. The president can be involved in crafting legislation by suggesting, requesting, or even insisting that Congress enact laws that

11280-486: The president's veto power with the Line Item Veto Act . The legislation empowered the president to sign any spending bill into law while simultaneously striking certain spending items within the bill, particularly any new spending, any amount of discretionary spending, or any new limited tax benefit. Congress could then repass that particular item. If the president then vetoed the new legislation, Congress could override

11400-504: The president. The state secrets privilege allows the president and the executive branch to withhold information or documents from discovery in legal proceedings if such release would harm national security . Precedent for the privilege arose early in the 19th century when Thomas Jefferson refused to release military documents in the treason trial of Aaron Burr and again in Totten v. United States 92 U.S. 105 (1876), when

11520-493: The president. The power includes the execution and enforcement of federal law and the responsibility to appoint federal executive, diplomatic, regulatory, and judicial officers. Based on constitutional provisions empowering the president to appoint and receive ambassadors and conclude treaties with foreign powers, and on subsequent laws enacted by Congress, the modern presidency has primary responsibility for conducting U.S. foreign policy. The role includes responsibility for directing

11640-404: The previous thirty years worked towards "undivided presidential control of the executive branch and its agencies". She criticized proponents of the unitary executive theory for expanding "the many existing uncheckable executive powers—such as executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements—that already allow presidents to enact

11760-424: The privilege also could not be used in civil suits. These cases established the legal precedent that executive privilege is valid, although the exact extent of the privilege has yet to be clearly defined. Additionally, federal courts have allowed this privilege to radiate outward and protect other executive branch employees but have weakened that protection for those executive branch communications that do not involve

11880-503: The privilege in more cases and at earlier stages of the litigation, thus in some instances causing dismissal of the suits before reaching the merits of the claims, as in the Ninth Circuit 's ruling in Mohamed v. Jeppesen Dataplan, Inc. Critics of the privilege claim its use has become a tool for the government to cover up illegal or embarrassing government actions. The degree to which

12000-494: The process for going to war, but critics have charged that there have been several conflicts in which presidents did not get official declarations, including Theodore Roosevelt 's military move into Panama in 1903, the Korean War , the Vietnam War , and the invasions of Grenada in 1983 and Panama in 1989. The amount of military detail handled personally by the president in wartime has varied greatly. George Washington,

12120-548: The process of liquidation. Senator Paul Coverdell and Representative Porter Goss championed the legislation in Congress. It was folded into the Intelligence Authorization Act for Fiscal Year 2000 through a joint conference . Bill Clinton approved the final legislation with a signing statement : This Act contains a provision, known as the ‘‘Foreign Narcotics Kingpin Designation Act,’’ that establishes

12240-431: The relationships of "Tier I" traffickers Benjamín Arellano Félix and Ramón Arellano Félix with "Tier II" subordinates and front companies within the Tijuana Cartel . After the President or Treasury's designation, the named person or entity is subjected to an asset freeze of "all such property and interests in property within the United States, or within the possession or control of any United States person ." There

12360-447: The rulemaking agency could have done a better job. Instead, under U.S. administrative law, to ask the court to order changes in a rule, a party must argue that the rule is: Arbitrary and capricious and/or unsupported by the record. Most frequently, objectors will argue that, even if the judge is not an expert, the judge can tell that there is an obvious gap in the agency's data or analysis. A court may intervene if it finds that there

12480-550: The rulemaking process has been the means by which some of the most far-reaching government regulations of the 20th century have been created. For example, science-based regulations are critical to modern programs for environmental protection , food safety , and workplace safety . However, the growth in regulations has fueled criticism that the rulemaking process reduces the transparency and accountability of democratic government. Legislatures rely on rulemaking to add more detailed scientific, economic, or industry expertise to

12600-410: The rulemaking process. The agency rulemaking is usually required to consider and publish a written response to all comments. Although high-profile rulemakings may include public hearings, most rulemakings are simply noticed in the Federal Register with a call for written comments by a set deadline. Holding agencies accountable for objective, fact-based rulemaking requires maintaining a formal record of

12720-469: The rulemaking system assumes that the public does take note of all of the notices in the Federal Register, which can run over a hundred pages per day. In practice, many industry or public advocacy lobbyists and lawyers monitor the Federal Register Table of Contents every day by email on behalf of their constituents or clients. Public comments are the heart of the public's ability to participate in

12840-407: The shoes of the technical experts and re-open the decisions made in the agency's detailed analysis. However, courts do review whether a rulemaking meets the standards for the rulemaking process. The basis of this review by the courts may be limited to certain questions of fairness or the procedures that ensure that both sides of a dispute are treated equally before any decision making occurs or that

12960-487: The size and scope of the federal government, including more executive agencies. The traditionally small presidential staff was greatly expanded, with the Executive Office of the President being created in 1939, none of whom require Senate confirmation. Roosevelt's unprecedented re-election to a third and fourth term, the victory of the United States in World War II , and the nation's growing economy all helped established

13080-412: The statute against making false statements . The Act provides for maximum criminal penalties for corporate officers can reach up to $ 5 million and 30 years’ imprisonment and for corporations up to $ 10 million. Others may face fines pursuant to Title 18 U.S. Code and up to 10 years in prison. A civil penalty of over $ 1.6 million per violation may also be assessed. Regulations created under the Act detail

13200-457: The tools in this provision to combat the national security threat posed to the United States by international drug trafficking. The first designation under the Kingpin Act was made on June 1, 2000. This initial list included members of four Mexican cartels Jesús Amezcua Contreras and Luis Ignacio Amezcua Contreras (of the Colima Cartel ), Benjamín Arellano Félix and Ramón Arellano Félix (of

13320-600: The tradition of throwing out the ceremonial first pitch in 1910 at Griffith Stadium , Washington, D.C., on the Washington Senators's Opening Day . Every president since Taft, except for Jimmy Carter , threw out at least one ceremonial first ball or pitch for Opening Day, the All-Star Game , or the World Series , usually with much fanfare. Every president since Theodore Roosevelt has served as honorary president of

13440-407: The veto by its ordinary means, a two-thirds vote in both houses. In Clinton v. City of New York , 524 U.S. 417 (1998), the U.S. Supreme Court ruled such a legislative alteration of the veto power to be unconstitutional. For most of American history, candidates for president have sought election on the basis of a promised legislative agenda. Article II, Section 3, Clause 2 requires

13560-520: The veto should only be used in cases where a bill was unconstitutional, it is now routinely used in cases where presidents have policy disagreements with a bill. The veto – or threat of a veto – has thus evolved to make the modern presidency a central part of the American legislative process. Specifically, under the Presentment Clause, once a bill has been presented by Congress, the president has three options: In 1996, Congress attempted to enhance

13680-449: The world's most expensive military , which has the second-largest nuclear arsenal . The president also plays a leading role in federal legislation and domestic policymaking. As part of the system of separation of powers , Article I, Section   7 of the Constitution gives the president the power to sign or veto federal legislation. Since modern presidents are typically viewed as leaders of their political parties, major policymaking

13800-555: Was a significant milestone, as Jackson was not part of the Virginia and Massachusetts elite that had held the presidency for its first 40 years. Jacksonian democracy sought to strengthen the presidency at the expense of Congress, while broadening public participation as the nation rapidly expanded westward. However, his successor, Martin Van Buren , became unpopular after the Panic of 1837 , and

13920-504: Was available as a remedy. As of October 2019, a case was pending in the federal courts regarding access to personal tax returns in a criminal case brought against Donald Trump by the New York County District Attorney alleging violations of New York state law. As head of state , the president represents the United States government to its own people and represents the nation to the rest of the world. For example, during

14040-603: Was made in the Declaration of Independence , which was written predominantly by Thomas Jefferson and adopted unanimously on July 4, 1776, by the Second Continental Congress. Recognizing the necessity of closely coordinating their efforts against the British , the Continental Congress simultaneously began the process of drafting a constitution that would bind the states together. There were long debates on

14160-539: Was nearly removed from office, with Congress remaining powerful during the two-term presidency of Civil War general Ulysses S. Grant . After the end of Reconstruction , Grover Cleveland would eventually become the first Democratic president elected since before the war, running in three consecutive elections (1884, 1888, 1892) and winning twice. In 1900, William McKinley became the first incumbent to win re-election since Grant in 1872. After McKinley's assassination by Leon Czolgosz in 1901, Theodore Roosevelt became

14280-483: Was the first branch of government described in the Constitution , to be the dominant branch of government; however, they did not expect a strong executive department. However, presidential power has shifted over time, which has resulted in claims that the modern presidency has become too powerful, unchecked, unbalanced, and "monarchist" in nature. In 2008 professor Dana D. Nelson expressed belief that presidents over

14400-731: Was the most recent to do so in July 1948, known as the Turnip Day Session . In addition, prior to ratification of the Twentieth Amendment in 1933, which brought forward the date on which Congress convenes from December to January, newly inaugurated presidents would routinely call the Senate to meet to confirm nominations or ratify treaties. In practice, the power has fallen into disuse in the modern era as Congress now formally remains in session year-round, convening pro forma sessions every three days even when ostensibly in recess. Correspondingly,

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