The latter is the basic planning document of the American government it is

The latter is the basic planning document of the

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The latter is the basic planning document of the American government; it is wholly executive in origin. 66 In addition to the president's power over the legislative arena due to his role in the formulation of the budget, he can also marshall substantial public pressure on Congress in the areas of spending and budget cutting. 6 7 Still, the president possesses an even more potent legislative power in his authority to interpret the laws that Congress passes. 68 66 MILLER, supra note 27, at 73 (emphasis added); see also FISHER, supra note 56, at 234 ("[Under the Budget and Accounting Act, a]lthough Congress formally retained the power to increase budget estimates, the President gained an important advantage by shaping the agenda for legislative action. Because Congress works off his budget, a majority is needed to delete funds recommended by the President."); Robert S. Hirschfield, The Power of the Contemporary Presidency, in THE POWER OF THE PRESIDENCY 285, 296 (Robert S. Hirschfield ed., 2d ed. 1973) (noting that with the President having "control over formulation of the budget.., this function gives the executive the dominant position in determining the final plan for governmental expenditures"); Shapiro, supra note 48, at 42 ("Presidents can fight Congress... with an array of constitutional powers. Budget proposals that Presidents send to Congress each January shape the debate over programs the administration wants to start, expand, cut, or eliminate."). 67 See Hirschfield, supra note 66, at 296-97. Hirschfield notes: Indeed the congressional power over the executive traditionally assumed to be the greatest-the power of the purse-is often ineffectual .... ... Emphasizing his roles as head of state and sole national representa- tive, and utilizing all the media of mass communication, [the President] is able to generate pressure which Congress cannot easily withstand. Id.; see also supra notes 51-54 and accompanying text. 68 See supra note 35 and accompanying text.
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CONGRESSIONAL TERM LIMITS 2. Legislative Power Through Statutory Interpretation The president's power to interpret statutes arises from his duty to "take Care that the Laws be faithfully executed." 69 This power becomes legislative when the president construes statutes in a manner different from what Congress intended. 70 As one com- mentator has noted: "As important as intent is the extent to which a law is carried out." 71 A relevant example of the president's ability to interpret statutes differently from Congress's expectation is the Reagan administra- tion's enforcement of the Voting Rights Act. Both advocates and critics of the Voting Rights Act agree that the administration deserved low marks for the way it handled voting rights and other civil rights issues. 72 Although it was and is clear that, [ait a minimum, the Act was passed and renewed to protect the full exercise of the franchise by black and other minority vo- ters ....
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  • Fall '15
  • President of the United States

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