Authority Split on Cabinet Nominees, Alliances, War Powers, Bureaucratic Governance By Legislative and Executive

High School ・Political Science ・MLA

Cabinet Nominees

Although the Senate recommends and agrees to the nomination, the US president makes nominations. There is a lengthy tradition of tiffs about the definition of agreement and counsel between the legislature and the executive branches. Congress granted itself the right to cooperate with and to sanction presidential firings in 1867. President Andrew Johnson dismissed Edwin Stanton as the Secretary of War, but the president's impeachment motion was initiated by the senate. Congress is powerless to stop an executive officer's dismissal but restricts the removal that allows the president to justify just cause. The authority of the president to fire a Cabinet Secretary cannot be limited by the congress since independence from the president is not desirable for the post.  In Morrison v Olson (1988) congress can limit removal of a cabinet secretary so long as the imposed restrictions do not interfere with the president’s performance of the constitutional duties.


The constitution provides authority to the president with the Consent and Advice from the Senate to make Treaties. According to Article II, section 2, the treaty must be supported by at least two-thirds of the senators present concur.  In 1812, questions arose whether inclusion of senate in treaty negotiations would make it favorable to approve the treaty or it would read to the violation of separations of powers.  The Paris Treaty negotiated by President Wilson Woodrow was rejected at the floor of the senate. The US solves treaty issues through involving the Senate in negotiations. The Senate has a share in treaty powers to offer the president with counsel and advice, check powers of the president and safeguard sovereignty and equal vote of each state. Treaties passed become part of supreme law of the land.

War powers

The constitution separates war powers between Legislature and Executive branches of the Federal government. The president is the Commander-in-chief of the armed forces under article II section of the United States constitution. The Congress can declare war and raise support of the armed forces. Conflict and questions whether the president has the authority to send US military forces in hostile areas abroad without a congressional declaration of war.  The president had a monopoly on war power but the congress wanted to reassert its constitutional authority.  However, the War Power Resolution law (1973) sought to address these concerns. The law offered procedures for both Congress and President in situations requiring the introduction of US military personnel to directly involve in armed conflict abroad.

Bureaucracy Administration

Bureaucracy is the method of organizing people and work. The US bureaucracy employs over 2.5 million people responsible for administering thousands of programs.  The United States Presidential System has separate legislature and executives. These present opportunities for conflict between the arms of government over several issues.  For instance, the substance of the policies made by administrative bureaucracy creates friction.  The occurrence of conflict creates space for the non-political and permanent heads and staff in the administrative bureaucracy to take different sides from the other branch. Sometimes, the conflicting branches pursue different agendas. Political rivalry between the presidency and the Senate or House of Representatives creates a politicized bureaucratic governing style.  The head of departments and their employees tend to follow either the president or the legislature.  The legislature and executive must respect and strictly adhere to the separation of power concept to avoid conflict. The branches need to embrace dialogue to be counter-productive while carrying out their constitutional duties.

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