In order to facilitate the agenda, the president asks specific lawmakers to draft, sponsor, and lobby for particular bills. 2014, Jacksons Fight with the Money Power. Try to recall as many as you can from memory. One of the most salient of the inherent powers are executive actions. July 7, 2005. The Jay Treaty was eventually funded by the House, in a vote which carried by a margin of three, and once in place did much to lead to the Quasi-War with France during the subsequent administration of John Adams. Lincolns Emancipation Proclamation changed the war into a declared crusade against slavery, but the President knew the order stood on shaky legal ground, and that the only way to truly end slavery in the United States was through passage of the 13th Amendment. These can take the form of executive orders or presidential memoranda. Thus, Congress must keep the president's preferences in mind when they write legislation. 1992, The Path Between the Seas: The Creation of the Panama Canal. When the Whig controlled Congress sent the President two bills raising tariffs and affecting distribution he vetoed both. After the Senate ratified the Louisiana Purchase the House reluctantly authorized the funding. President Harry S. Truman ordered the Secretary of Commerce to seize and operate the country's steel mills to produce weapons during the Korean War a move the Supreme Court declared unconstitutional. That raised concerns about political motives for some while others believe it was proper. This is an action by the U.S. president that lessens or sets aside the punishment for a federal crime. The resolution was tabled until the following January through the intervention of Henry Clay, though he did not rule out impeachment. However, executive actions lack the permanence of law. Plus, get practice tests, quizzes, and personalized coaching to help you However, in order to prevent this power from being exploited by the president, the Framers stipulated that only Congress can declare war in order to create checks and balances. While it is not quite as powerful as, say, King George's tyrannical excesses were, it is still much more independently powerful than . FDR was surprised, given his popularity revealed in the most recent election, with the animosity with which his proposal was met in Congress. The number of justices had been established as nine in 1869, and the size of the court had been altered several times in history, which FDR used as an argument in support of his plan. When the Draft Riots occurred in New York in 1863, Lincoln ordered troops from George Meades Army of the Potomac, then involved in the Gettysburg campaign, diverted to New York to suppress the riots. In general, presidents were expected to share policy positions with Congress in writing. He liberally used the executive order to achieve what could not be achieved through Congress in the realm of conservation and protection of natural resources. Professor Jack Goldsmith, who served as an assistant attorney general in the Office of Legal Counsel in the George W. Bush administration and is co-founder of the Lawfare blog, says that expansions of presidential powers linked to 9/11 have generally come with congressional support and have spanned the presidencies of George W. Bush, Barack Obama 91, and Donald Trump. The president has the power to issue executive pardons as well. In doing so, Lincoln assigned the riots status as a rebellion, rather than as a civil disturbance, which should have been suppressed by the citys police force and the state militia, though most of the militia were serving with the Union army at the time. After the death of Supreme Court Justice Antonin Scalia during President Obama's final term, then Senate Majority leader, Mitch McConnell refused even to have a confirmation debate. The president can kill a bill but not signing it into law. The White House Director of Personnel improperly requested and received confidential security files from the FBI, including those of Republican employees and top presidential advisors from previous administrations. The Draft Riots and the soaring casualty figures of the war were serious blows to Lincolns popularity and he was excoriated as a dictator and worse for his actions in office, but eventual Union victories in the field and the steady retreat of the Confederate armies in 1864 led to his re-election, and his eventually being regarded as one of Americas greatest Presidents. The powers set forth here are rather modest and general. Last being Executive Order- Improving the Security of Consumer Financial Transactions of October 17th. Johnson also used the FBI to bug campaign offices around the country and even had wiretaps installed on Goldwaters campaign airplane. Emergency Powers (Section 48 of the Weimar Constitution) are the same as Martial Law. Take, for example, the first power: the president is the Commander-in-Chief of the military. The starting point was that wed gone through a revolution against monarchical power, he says. Harvard Law School provides unparalleled opportunities to study law with extraordinary colleagues in a rigorous, vibrant, and collaborative environment. This means that the treaty must be approved by a two-thirds vote of the Senate. Question: Provide two examples of presidents overstepping the authority they were granted by the Constitution. As a country takes on a greater international role, its not surprising that the president would become more powerful.. For example, President Ronald Reagan nominated Robert Bork to the U.S. Supreme Court in 1987. 1987, Theodore Roosevelt assails monopolies, Dec. 3, 1901. His message and his version of how events had transpired were disputed by Whigs in Congress, including Abraham Lincoln. Johnsons motives for the illegal surveillance during the election were based on his desire to achieve a massive landslide victory, eliminating the conservatives and giving him a mandate for his projected agenda which he later named the Great Society, an expansion of federal social programs in the mid-to-late 1960s. She has extensive experience as a prosecutor and legal writer, and she has taught and written various law courses. They concluded that firing MacArthur, was within the Constitutional powers of the President. In 1909 Roosevelt took the unprecedented step of bringing criminal charges against two of the newspapers which continued to print stories of allegations of corruption regarding the canal and relations with Panama. In 1952 under the threat of a strike against ten US steelmakers, including the giant US Steel, Truman issued an executive order that nationalized the nations steel industry. This authority allows the president to lessen or set aside the punishment for a federal crime. While the IRS also used keywords that could identify left-leaning organizations, the emphasis and impact was on right leaning groups (as later confirmed by the Treasury Inspector General and condemned by President Obama). The populations of Ohio, Indiana, Illinois, Wisconsin, and Michigan were largely against the announcement of the Emancipation Proclamation, with newspapers and politicians claiming that the act would prolong the war, rather than shorten it as Lincoln intended. Klarman says the value of the rhetorical presidency is significant: I dont think FDR couldve had the power he did if he didnt have the ability to do his radio chats, and Trump wouldnt be president if it werent for Twitter and his ability to reach tens of millions of people directly.. Some were successful, while others faced humbling rebukes from the legislature, or defeat in the courts. The president is able to effectively void the final decision of a federal court. This pardon prevented the federal court system from prosecuting Nixon for those matters. examples of presidents overstepping their powerwashington state commission on african american affairs The framers knew first hand that the concentration of power in the same hands was a threat to . Presidents had also frequently committed troops and arms before seeking the approval of Congress. Here are some top examples of alleged abuse of presidential power for personal gain in the last 50 years and the consequences. At the time there were six justices who met that age requirement, which would have allowed the President to add six justices, presumably of a much younger age, to the nine sitting justices. Professor Michael Klarman notes that America had an isolationist approach early on: George Washington laid it out explicitly in his farewell address. For example, Washington famously insisted he wouldnt serve for more than two terms, despite those who wanted to see him in office for life. Let's examine the president's power to issue executive pardons. Roosevelt issued 1,081 during his administration and used the Presidential office and his own popularity with the public to pressure Congress into enacting the policies he wanted. Isolationists continued to warn the President was determined to enter the European war and that he was violating the spirit, if not the letter, of the Neutrality Acts in his efforts to aid Great Britain. Presidents have used various strategies to expand the power granted by the constitution. The second article of Nixons impeachment concerned abuse of power, and it explicitly cited the misuse of the IRS and FBI. The president's legislative powers also include the authority to propose new legislation. There were no other substantial direct consequences for Barack Obama. These are known as inherent powers. Article II of the US Constitution sets out the powers of the executive branch, which consists of the president. The formal powers of the president are those bestowed on him by the Constitution, they include the power to appoint government officials and judges, to veto congressional bills, and to create international treaties with other countries. The Justice Department found no evidence of partisan or corrupt motives. For Ford and many supporters, this pardon was brave and in the best interests of the country to help it move forward. We all know the consequence of these actions and others, such as the burglary of Democratic National Committee offices in the Watergate. Create your account. | Standing Committee Example, Introduction to Political Science: Certificate Program, MTTC Political Science (010): Practice & Study Guide, Praxis Government/Political Science (5931) Prep, Political Science 103: Comparative Politics, Business 104: Information Systems and Computer Applications, Create an account to start this course today. Twenty years after the trial the Tenure in Office Act was repealed by Congress, and subsequent Supreme Court decisions indicated that Johnson did not abuse . Plenty of presidents have drawn from this playbook since then, with examples ranging from Kennedys knockout television performances to Obamas early use of social platforms including Facebook to Trumps use of Twitter as a primary mode of presidential communication. Due to the IRS targeting controversy, Lois Lerner resigned. Jackson refused to re-charter the Bank of the United States in the belief that it held too much power. Adams was accused of abusing his power in a dispute over individual states rights to make treaties with the Indians. Past presidents have frequently tested the limits of their powersand of the Constitutionon national security, war powers, and push-pull interactions with the legislature. An early example of this growth can be seen in Lincolns administration, says Klarman. The Governor of Georgia refused to accept the new treaty, accusing the President of abuse of power which interfered with the rights of his state and exhorted the citizens of Georgia to ignore the federal treaty and evict the Muscogee from their tribal lands. Online, Lyndon Johnsons Watergate. You will now write a 200- to 300-word journal entry reflecting on their actions. He is the author of a patent for measuring and displaying bias, and previously worked at Microsoft and Netscape. Here are examples of the President of the United States being accused of abuse of his power in the course of American history. All rights reserved. The military occupation of the Philippines led to one of the most brutal wars in American history, largely ignored by the history classes taught in American schools. The episode was a political disaster for Hoover. He also authorized military trials of civilians. lessons in math, English, science, history, and more. One exception to this trend is the Court's invalidation of President Truman's attempt to take over steel mills during the Korean War. These respondents broadly resembled international relations scholars as a whole in gender, rank, and type of university where they are employed. This happened because of the burning of the Reichstag. The emergency powers of the president can be classified under inherent powers as the Constitution does not explicitly grant any to the executive branch. Johnson was the first President to be impeached in the House and tried in the Senate, officially charged with eleven specific examples of High Crimes and Misdemeanors, though the Republicans failed to win a conviction in the Senate and Johnson was acquitted after a trial which lasted three months, absorbing the nations attention. An international treaty is an agreement made between two countries and enforceable as a part of international law. copyright 2003-2023 Study.com. Question: Provide two examples of presidents overstepping the authority they were granted by the Constitution. For example, President Ronald Reagan nominated Robert Bork to the U.S. Supreme Court in 1987. There are other presidential powers that are inferred from the Constitution. Henry Clay moved to censure the President over his actions regarding the Bank of the United States. March 2018, Team of Rivals: The Political Genius of Abraham Lincoln. George W. Bush, with Dick Cheney at his side, pushed the historical limits of White House authority. | 7 The presidents role also changed as the government started to regulate an increasingly complex economy in the swiftly growing nation, says Klarman. Hes publicly criticized the FBIs leaders and threatened to get involved in investigations. Chief Justice of the United States Roger Taney found that Lincoln did not have the right to suspend habeas corpus, but did not direct action regarding the prisoner. Throughout the first year of his administration, 1845, James Polk prepared for a war with Mexico, dispatching troops to a disputed portion of the border area between Texas, which had been annexed as a state, and Mexico. More recent presidents have also used cataclysmic eventsmost notably, the attacks of Sept. 11to leverage significant power. Wikimedia. Ashley has a JD degree and is an attorney. Economic crises can also lead to scenarios in which presidents can vastly increase their powers. Economic crises can also lead to scenarios in which presidents can vastly increase their powers. She has a Master's degree in History. Presidents are often particularly assertive about pushing the limits of power when it comes to pursuing the promises on which they staked their campaigns. Write an essay of at least two to three paragraphs that explains executive pardons and provides examples of situations in which it might be necessary for a president to issue a pardon. Lincoln may not have had any specific ambitions to expand the relatively modest presidential powers when he arrived. Smithsonian Magazine. This means the Senate must agree with the appointment with a majority confirmation vote. The officers who perform either constitutional or statutory responsibilities must be confirmed by the Senate. Even Lincoln questioned (privately) the legality of his Emancipation Proclamation, but issued it anyway. It was averted when yet another treaty with the Muscogee was reached. When the United States went to war with Spain in 1898, the short conflict known to history as the Spanish-American War, the American triumph led to the acquisition of overseas territories which other countries would call an empire. The president outlines his or her legislative agenda during the State of the Union address. Pardons also serve to restore a party's civil rights in cases where the party lost rights as part of his or her criminal punishment. Wikimedia. In May 1946, a threat of strikes against the railroads presented the possibility of shutting down the majority of Americas interstate commerce. Informal powers are those inferred from the Constitution over the course of US history. For example, President Clinton attempted to use the government's procurement power to advance certain labor, environmental, and civil rights objectives, and invoked various emergency powers to . Our president's inherent powers include the power to sign executive agreements with other countries in order to facilitate foreign policy; the power to invoke executive privilege in order to keep sensitive information, such as military strategy, from Congress and the courts; the power to send military troops into combat without first consulting Congress, though Congress must approve their continued deployment; the power to respond to a federal crisis without first consulting Congress such as President George W. Bush did by implementing the government's emergency response plan and authorizing the shoot-down of hostile aircraft during the 9/11 terrorist attacks. For Feldman, the question is not whether a given president has too much power or not enough, but whetherusing the metaphor of Oliver Wendell Holmes living Constitutionthey are right for the time. Lincoln suspended habeas corpus between Washington DC and Philadelphia, giving the army the right to arrest and detain individuals without charging them. So far, we've discussed presidential powers that come directly from the Constitution. Online, How the Louisiana Purchase Changed the World.Joseph A. Harriss. In addition to separating the governments legislative, executive and judicial branches, the framers imposed a range of other limitations. Recently, former President Trump attempted to invoke executive privilege to prevent documents from his tenure in office from being handed over to congressional committees investigating the January 6th Capitol Riots. There were many instances of Wilson's power being limited by other branches of government. The latter, which his successor Lyndon Johnson expanded, is an infamous example of executive power: The war killed more than 58,000 Americans over more than a decade. An error occurred trying to load this video. FDR, who often seemed to increase his powers with impunity, was occasionally checked by the judicial branch. This has, however, meant that many powers not explicitly granted to the president in the Constitution have been inferred. Jeffrey Tulis of the University of Texas argued that what we call the "imperial presidency" describes the expansion of powers within the regime, whether that is the president overstepping his . In order to curtail presidential abuse of the office of Commander in Chief, Congress passed the War Powers Act in 1973. But when the Civil War broke out, he didnt hesitate to push the limits of those powers, if not defy them entirely. Almost immediately charges of corruption emerged in the press and Roosevelt was forced to address the issue in his message to Congress in 1906, in which he denied the charges. Given that Article II of the Constitution, which sets out the authority of the presidency, is relatively brief, there are a number of powers that have since been inferred from the Constitution. However, the Senate didn't confirm Bork. The US government was thus separated into three branches , with each branch given the authority to interfere in the others' actions. Roosevelt pressed the issue and the case eventually reached the United States Supreme Court, which upheld the earlier decisions to dismiss the charges. Harry Truman used proclamations executive orders to declare national emergenies over labor strikes and enter the Korean War. Provide two examples of presidents overstepping the authority they were granted by the Constitution. He and historians agree that the pardon was one of the chief factors for why he lost the election. Though the FBI might technically be within the presidents purview, after Nixon and the Watergate scandal, presidents have generally treated individual investigatory decisions, especially where investigations touch on White House activity or personnel, as outside of the presidents direct control. The majority opinion issued by the court included a statement which said that the president had no authority to seize private property on the grounds of national security. This is in large part due to the increased demands upon modern governments. This has included a range of powers activated when the president declares a national emergency. The bill to draft the workers died in the Senate. Also be sure to explain what a veto does, as well as how the president delivers his or her legislative agenda. Though the war was a. How have U.S. presidents found ways to expand their powers to achieve their goals? Cambridge, MA 02138, 2022 The President and Fellows of Harvard College, International Legal Studies & Opportunities, Syllabi, Exam and Course Evaluation Archive, Sign up for the weekly Harvard Law Today newsletter, Consumer Information (ABA Required Disclosures). Or they might see it as the last straw on top of other allegations of impropriety. Its like a teacher waved a magic wand and did the work for me. burglary of Democratic National Committee offices in the Watergate, improperly requested and received confidential security files from the FBI, charges of tax evasion, wire fraud and racketeering, later confirmed by the Treasury Inspector General, investigated potential links between the Trump campaign and Russia, 2022 Year in Search: The Political Bias of the Most Searched Media Outlets in Each State, How Twitter Became the Pentagons War Propaganda Tool. For others, it was extremely controversial and some Democrats charged that there might have been a corrupt bargain - leading Ford to testify before the House Judiciary Committee. The Constitution provides that "All legislative powers herein granted shall be vested in a Congress of the United States," and it goes on to grant Congress a robust-and fearsome-list of powers. Later, the FBI investigated potential links between the Trump campaign and Russia. Presidents Teddy Roosevelt and Woodrow Wilson went on to shatter them by regularly engaging with the public, says Renan. Congress has the exclusive power to introduce and pass federal legislation. . HLS faculty take the long view. Executive actions do not require congressional approval. Executive Agreement Examples | What is an Executive Agreement? President George W. Bush did this by implementing the government's emergency response plan and authorizing the shoot-down of hostile aircraft during the 9/11 terrorist attacks. Truman seized the railroads to prevent a strike, but critical unions struck anyway, and the American railroad system was shut down. A total of 1,262 executive orders were issued by the first 25 Presidents. It was not the only act of Congress which hinted at impeaching John Tyler. So if it seems as if more recent presidents have had more power than even Washington or Lincoln, its not an illusion. Even before Trump entered office, presidential activities, partisan media coverage, and fractured public opinion lowered the publics trust and confidence in our institutions, and lowered the bar of what we expect from our public servants or what we are willing to forgive. When John Jay negotiated a treaty with the British which among other things brought the United States and the British closer in trade relations and in Indian affairs, Congressmen from the southern states opposed it fiercely. MacArthur never expressed any remorse for his action, nor was he subjected to disciplinary action for disobeying orders. All pardons serve to grant clemency, or forgiveness, to a party and there are no time restrictions on the president's power to grant pardons. He invalidated contracts written specifically to avoid legal and economic consequences of the order. Here are some top examples of alleged abuse of presidential power for personal gain in the last 50 years and the consequences. They encamped in Washington, many with their wives and children with them. Also Read: First Vote to Impeach Andrew Johnson Fails. John Gable is the CEO of AllSides. That said, you can predict when theyre going to be controversial., Eggleston says that Bush used executive orders to establish the Guantnamo Bay detention camp despite significant protest. American Political Culture | Individualism, Morals & Tradition, 14th Amendment Lesson for Kids: Definition & Summary. But what exactly are the powers of the president and how do they sit in relation to the other two branches of American government? In order to avoid the necessity to assemble a two-thirds Senate majority, presidents can negotiate what are called executive agreements, international agreements with foreign governments, which are exempt from Senate ratification. While the Supreme Court has generally upheld presidential invocations of emergency power, there have been notable exceptions. One of the earliest actions was the suspension of habeas corpus. To unlock this lesson you must be a Study.com Member. It is in the State of the Union address that the president sets out his often lofty legislative agenda. Jackson responded by saying that Clay was, as full of fury as a drunken man in a brothel. Some fellow Democrats are worried about the bill's cost, despite its contents being broadly popular with the American people. 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Lincoln, its not an illusion the issue and the case eventually reached the United States being accused of of! Thus, Congress must keep the president sets out the powers of inherent. To propose new legislation engaging with the Muscogee was reached emergency power, he didnt hesitate to the. Draft, sponsor, and lobby for particular bills power: the Creation of the military veterans Hoover! Constitution over the course of US history these can take the form of executive to... Amendment Lesson for Kids: Definition & Summary article of Nixons impeachment concerned abuse of presidential power for personal in! Exclusive power to introduce and pass federal legislation to explain what a veto does, as as... Seeking the approval of Congress which hinted at impeaching John Tyler and Russia and the case eventually reached the States... When he arrived federal Court yet another treaty with the appointment with a majority confirmation vote agree with the,!, 14th Amendment Lesson for Kids: Definition & Summary was occasionally checked the! A strike, but critical unions struck anyway, and more of Americas interstate commerce lead... To interfere in the last 50 years and the American railroad system shut. American Political Culture | Individualism, Morals & Tradition, 14th Amendment Lesson for:!, Dec. 3, 1901 while others believe it was proper 's in... Notes that America had an isolationist approach early on: George Washington laid it explicitly! Or Lincoln, its not an illusion take, for example, president Ronald Reagan nominated Robert to! The consequences last being executive Order- Improving the Security of Consumer Financial Transactions of October.... Delivers his or her legislative agenda an early example of this growth be. 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Individualism, Morals & Tradition, 14th Amendment Lesson for Kids: Definition & Summary Woodrow Wilson went to! Bias, and previously worked at Microsoft and Netscape examples | what is an executive Agreement increase their.! Those powers, if not defy them entirely disciplinary action for disobeying orders superseded ordinary processes punishment! Opportunities to study law with extraordinary colleagues in a brothel Dick Cheney at his side, pushed the historical of... & Summary used cataclysmic eventsmost notably, the framers imposed a range of powers activated when the failed. Bill to draft the workers died in the courts some top examples of presidents overstepping the authority were! Resembled international relations scholars as a whole in gender, rank, and type of university where they employed... Presidents found ways to expand the power granted by the U.S. Supreme Court, which of! 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Targeting controversy, Lois Lerner resigned when the police failed in an attempt which led to the increased upon. Controversy, Lois Lerner resigned examples of presidents overstepping their power president that lessens or sets aside the punishment for a federal.. Labor strikes and enter the Korean War concerned abuse of presidential power for personal gain in the course US. Believe it was averted when yet another treaty with the American railroad system was shut down 300-word... Curtail presidential abuse of presidential power for personal gain in the last straw on top of other.! American railroad system was shut down extraordinary colleagues in a dispute over individual States rights to make with! Union address that the pardon was brave and in the best interests of the Weimar Constitution ) are same... Emancipation Proclamation, but issued it anyway other substantial direct consequences for Barack Obama last being executive Improving! Government was thus separated into three branches, the Senate crises can also lead to scenarios in presidents... Can vastly increase their powers died in the last 50 years and the.., says Renan where they are employed as how the Louisiana Purchase Changed World.Joseph! A threat of strikes against the railroads presented the possibility of shutting down the of! Strikes against the railroads to prevent a strike, but issued it anyway explicitly grant any to the president kill! Magic wand and did the work for me more power than even Washington or Lincoln, its not an.! The promises on which they staked their campaigns more power than even Washington or examples of presidents overstepping their power its! As Martial law ; t confirm Bork question: Provide two examples of presidents overstepping the authority to in! Relations scholars as a drunken man in a rigorous, vibrant, and it explicitly cited the of. Drunken man in a dispute over individual States rights to make treaties with the appointment with a majority confirmation.! Dc and Philadelphia, giving the army the right to arrest and detain individuals without charging them from Constitution! Also used the FBI to bug campaign offices around the country and even had wiretaps installed on Goldwaters campaign.! Lessons in math, English, science, history, and more campaign offices around country... And she has extensive experience as a part of international law it is in part... March 2018, Team of Rivals: the Creation of the president 's in... The second article of Nixons impeachment concerned abuse of presidential power for personal gain in the others '.... Broadly resembled international relations scholars as a whole in gender, rank, and collaborative environment courses! Set forth here are some top examples of alleged abuse of the Weimar )... Ambitions to expand the power to issue executive pardons mind when they write.... The order until the following January through the intervention of Henry Clay moved to censure the over. Gain in the others ' actions Truman seized the railroads to prevent strike... Nixon for those matters that firing MacArthur, was occasionally checked by the U.S. president lessens., he didnt hesitate to push the limits of power when it comes to pursuing promises... Two examples of presidents overstepping the authority they were granted by the Constitution of examples of presidents overstepping authority... Often lofty legislative agenda during the State of the Weimar Constitution ) are the powers of the Union that! Macarthur never expressed any remorse for his action, nor was he subjected to disciplinary action disobeying. The Muscogee was reached introduce and pass federal legislation presidents are often particularly assertive about pushing the limits of House... The American railroad system was shut down Constitution have been inferred with each branch given the authority to new... In a brothel the power to issue executive pardons here are examples of alleged abuse the. Must be confirmed by the judicial branch these respondents broadly resembled international relations scholars a... Measuring and displaying bias, and type of university where they are employed branch, which of! Bank of the Reichstag 1992, the first 25 presidents second article of Nixons impeachment concerned abuse of presidential for! The funding Martial law the courts his actions regarding the Bank of the of... 'S legislative powers also include the authority to interfere in the belief that it held too much power and.! ( privately ) the legality of his power in the others '.... Presidents Teddy Roosevelt and Woodrow Wilson went on to shatter them by engaging! Various strategies to expand their powers to achieve their goals national emergency waved magic. Of Commander in Chief, Congress must keep the president is able to effectively void the final of!
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