지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Under the governmental structure of the Federal Constitution, legislative power is assigned to the Congress only and the president has veto power to check over the legislative power. Article one section one confers the legislative power with the words, "All legislative powers herein granted shall be vested in a Congress of the United States." The executive has no direct legislative power;
nowhere is the President given law-making authority. But the President's duties are not all purely executive in nature. The President is also associated by Constitution or practice with the legislative process in any form. The executive does in fact have a law-making power since the beginning of the Republic. Beginning with Presidents Theodore Roosevelt and Woodrow Wilson, there has been an exponential growth in the Presidential legislative powers not in the sense of formal authority but by way of effective control over Congressional legislation. Today the Executive is so dominant in the legislative process that the President may be considered to be the "chief legislator."
The President as chief legislator operates in at least four discrete, yet overlapping ways: ① through formal and informal interactions with Congress; ② through the issuance of executive orders and other directives; ③ through his power to interpret statutes, whether or not in formal rule-making, and ④ through appointment of Justices of the Supreme Court. The second and third of these methods of presidential legislation are entirely executive, but the first and last involve formal action by Congress. Executive law-making takes two direct forms of executive orders and other directives which outnumber by far the statutes passed by the Congress each year. The President has also the duty to take care that the law be faithfully executed; this duty can be fulfilled through interpreting statutes. The President can and does influence the course of constitutional construction by exercising the power to appoint Justices of the Supreme Court and other federal judges, even though the Senate must approve nominees. He thus is an influential lawmaker, a participant in the continuing process of updating the Constitution.
The legislative veto power places the President directly into the legislative process. Every bill which shall have passed two houses of Congress shall, before it becomes a law, be presented th the President: if he approves he shall sign, but if not he shall return it with his objections to the house in which it shall have originated to reconsider it. If both Houses repass the bill by a two third vote, the bill then becomes law over the veto. The importance of this veto power is not its actual use, but the threat of its use. At any rate, this veto power has played in securing the constitutional order and in protecting individual constitutional rights and minority's interests. And if any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law; this is called pocket veto. One of the shortcoming of the Constitution is that the President dos not have an 'item veto'. Today, however, item veto is recognized as an useful tool for the efficiency of legislation.
The President's formal power over legislation is the first onewhich is formed through interactions with Congress. The Constitution authorizes the President to undertake policy initiatives. First, the President is required from time to time to inform Congress as to the "State of the Union." Second, the President may make legislative proposals to the Congress for its consideration as he shall judge necessary and expedient. Third, the President used to send messages, annual or special, to inform the Congress the direction of executive policy over legislation. And the President may convene both houses of Congress, or either of them on "extraordinary occasions." This power might be used to legislate special rules to overcome crises. These mechanisms are indirect methods to participate in the legislative process; nevertheless, playing the bridge role between the President and Congress. Through this role, the President has exercised a critical role in legislation, resulting in the presence of the imperial presidency. We should remember that the most important factor of successful legislation in fact lies in a political leadership.
nowhere is the President given law-making authority. But the President's duties are not all purely executive in nature. The President is also associated by Constitution or practice with the legislative process in any form. The executive does in fact have a law-making power since the beginning of the Republic. Beginning with Presidents Theodore Roosevelt and Woodrow Wilson, there has been an exponential growth in the Presidential legislative powers not in the sense of formal authority but by way of effective control over Congressional legislation. Today the Executive is so dominant in the legislative process that the President may be considered to be the "chief legislator."
The President as chief legislator operates in at least four discrete, yet overlapping ways: ① through formal and informal interactions with Congress; ② through the issuance of executive orders and other directives; ③ through his power to interpret statutes, whether or not in formal rule-making, and ④ through appointment of Justices of the Supreme Court. The second and third of these methods of presidential legislation are entirely executive, but the first and last involve formal action by Congress. Executive law-making takes two direct forms of executive orders and other directives which outnumber by far the statutes passed by the Congress each year. The President has also the duty to take care that the law be faithfully executed; this duty can be fulfilled through interpreting statutes. The President can and does influence the course of constitutional construction by exercising the power to appoint Justices of the Supreme Court and other federal judges, even though the Senate must approve nominees. He thus is an influential lawmaker, a participant in the continuing process of updating the Constitution.
The legislative veto power places the President directly into the legislative process. Every bill which shall have passed two houses of Congress shall, before it becomes a law, be presented th the President: if he approves he shall sign, but if not he shall return it with his objections to the house in which it shall have originated to reconsider it. If both Houses repass the bill by a two third vote, the bill then becomes law over the veto. The importance of this veto power is not its actual use, but the threat of its use. At any rate, this veto power has played in securing the constitutional order and in protecting individual constitutional rights and minority's interests. And if any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law; this is called pocket veto. One of the shortcoming of the Constitution is that the President dos not have an 'item veto'. Today, however, item veto is recognized as an useful tool for the efficiency of legislation.
The President's formal power over legislation is the first onewhich is formed through interactions with Congress. The Constitution authorizes the President to undertake policy initiatives. First, the President is required from time to time to inform Congress as to the "State of the Union." Second, the President may make legislative proposals to the Congress for its consideration as he shall judge necessary and expedient. Third, the President used to send messages, annual or special, to inform the Congress the direction of executive policy over legislation. And the President may convene both houses of Congress, or either of them on "extraordinary occasions." This power might be used to legislate special rules to overcome crises. These mechanisms are indirect methods to participate in the legislative process; nevertheless, playing the bridge role between the President and Congress. Through this role, the President has exercised a critical role in legislation, resulting in the presence of the imperial presidency. We should remember that the most important factor of successful legislation in fact lies in a political leadership.
목차
Ⅰ. 머리말
Ⅱ. 法律案拒否權
Ⅲ. 立法關與權
Ⅳ. 委任立法權
Ⅴ. 立法權을 둘러싼 大統領과 議會의 關係
[Abstract]
참고문헌 (32)
참고문헌 신청
1. [단행본] - Arthur S. Miller / 1977 / Presidential Power / West Publishing Co. : 63 ~ 64
2. [단행본] - Clinton Rossiter / 1962 / The American Presidency / The New American Library, Inc : 27 ~
3. [단행본] - Roger H. Davidson / 1984 / The Presidency and Congress, In The Presidency and the Political System / CQ Press : 373 ~ 374
4. [단행본] - Edward Corwin / 1957 / The President : Office and Powers 4th ed : 343 ~
5. [기타자료] - / 1919 / Missoure Pac. Ry. Co. v. Kansas, 248 U. S. 277
2. [단행본] - Clinton Rossiter / 1962 / The American Presidency / The New American Library, Inc : 27 ~
3. [단행본] - Roger H. Davidson / 1984 / The Presidency and Congress, In The Presidency and the Political System / CQ Press : 373 ~ 374
4. [단행본] - Edward Corwin / 1957 / The President : Office and Powers 4th ed : 343 ~
5. [기타자료] - / 1919 / Missoure Pac. Ry. Co. v. Kansas, 248 U. S. 277
함께 읽어보면 좋을 논문
논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!
-
美國 憲法상 戰爭權의 規範構造
미국헌법연구
2006 .09
-
Welcoming Address form the President
한국로고스경영학회 학술발표대회논문집
2008 .05
-
美國憲法上 聯邦議會의 權限과 그 限界
공법학연구
2005 .06
-
미국헌법상 대통령의 공무원해임권에 관한 법리
법학연구
2004 .12
-
「전직대통령 예우에 관한 법률」 입법비평
홍익법학
2019 .01
-
PRESIDENT`S COMMENTS
아동학회지
2016 .02
-
최고의 전직 대통령
동서언론
2008 .02
-
누구를 위한 학술지인가?
호텔경영학연구
2004 .06
-
The Role of American President in Foreign Policy Making : A New Research Design
한국동북아논총
2000 .06
-
현직대통령과 대통령당선인의 헌법적 관계
한양법학
2008 .02
-
대통령법안의 국회 통과 영향요인에 관한 연구 : 김영삼-노무현 대통령을 중심으로
사회과학연구
2012 .03
-
헌정제도로서의 ‘국무총리’ : 우리 헌법사에서의 그 진동의 궤적
法學論文集
2010 .01
-
대통령 리더십이 대일외교정책에 미치는 영향 연구 -2001, 2005년 일본 역사교과서 파동에 대한 한국 정부의 대응을 중심으로-
차세대 인문사회연구
2010 .01
-
When Does Politics Stop at the Water`s Edge? : Congress, President, and the Use of Military Force Abroad, 1945 – 2000
평화연구
2018 .04
-
취임사
정치사상연구
2005 .11
-
대통령의 법률안 거부권 개선 방안에 관한 연구 : 한·미 헌법상 법률안거부권 규정을 중심으로
미국헌법연구
2016 .04
-
The Denuclearization of North Korea : Evaluating U.S. Presidential Power and Performance
21세기정치학회보
2004 .09
이 논문의 저자 정보
이 논문과 함께 이용한 논문
최근 본 자료
댓글(0)
0
UCI(KEPA) : I410-ECN-0101-2009-362-016474464