What is the Most Important Clause of The Constitution?
Start writing a post
Politics and Activism

What is the Most Important Clause of The Constitution?

My take on the Constitution!

What is the Most Important Clause of The Constitution?

The presence of certain words, phrases, and clauses within the United States Constitution has created a prosperous 238 year-old nation at the forefront of many global organizations, treaties, and negotiations. The President’s grant of “executive Power”, although only a succinct set of words, is definitely included in these necessary and critical phrases that have had an important impact on the United States. With this being said, this clause’s importance is now seen in a dramatically different light as it is more apparent today than ever that the President possesses an incredible amount of power. This expansion of power is evident in the 19 executive orders, memoranda, and actions President Donald Trump has signed in his first two weeks as President of the United States. However, before Mr. Trump became President, there were 44 others that utilized this doctrine in order to “take Care that the Laws be faithfully executed”.

It has been noted since the Constitution’s creation that the executive’s power has increased drastically. In recent years, the number of executive orders, permitted by the Executive Power Clause, per year, for each president, has decreased. However, this number hit an all-time high during President Franklin D. Roosevelt’s presidency at 291 orders per year. Although deemed necessary for the state of the country during this tumultuous time, the number of executive orders signed by Roosevelt was absurd. His power seemed unbounded for some time prior to the Supreme Court’s ruling on some of his measures, including the National Industrial Recovery Act (NIRA) and the Agricultural Adjustment Act (AAA). This is not the only example of Presidents exercising their “executive Power”. In April of 1952, President Truman authored an executive order forcing his Secretary of Commerce at the time, Charles Sawyer, to take control of and manage the majority of the United States’ steel mills in order to avoid the large scale and long term effects of rioting steelworkers. In the case, Youngstown Sheet and Tube Company v. Sawyer, the Supreme Court ruled that the President over-stepped his boundaries in issuing this executive order as he is not a lawmaker, rather, an enforcer of the law. This example displays the President’s authority being restricted by the Supreme Court. The Judicial Branch is the only branch of government that can truly check the President’s ability to enforce executive orders, actions, and mandates. Alternatively, the Legislative Branch has little to no authority as lawmakers have no measures to check the President’s power in this situation. For example, President Donald Trump is thought to have exploited his power since taking office on January 20. His travel ban on countries, including Yemen, Syria, Libya, Iran, Iraq, Somalia, and Sudan, has caused quite an uproar among the American public and legislators. Revolts and protests have plagued the United States for many days now as a result of President Trump’s actions. However, a Federal District Court in Seattle blocked his executive order, stopping the travel ban and permitting refugees and travelers to enter the United States. This shows the power of the court over the President and the wide-spread influence of the court. Additionally, the court’s decision also shows the extent of time it takes for a case to be brought up to the Supreme Court, as James Robart is merely a Federal level judge administering a District Court. These examples display the evolution of the “executive Power” outlined in the Constitution, focusing on the immense power garnered from this clause and the court’s authority to overturn executive orders.

The criteria for choosing the most important part of the Constitution is quite simple. Which clause, section, or amendment has a large impact but is not necessarily in line with the democratic principles set forth by the Founding Fathers? This question is easily answered by the Executive Power Clause. The clause allows for the President to create law without the people voting or having input on the issue at hand. Furthermore, the executive order, action, or mandate created by the President is extremely difficult to overturn. This portion of the Constitution has had an impactful presence throughout the history of the United States and it will continue to have an impact so long as the Supreme Court, or any Federal Court for that matter, does not declare the Executive Power Clause unconstitutional. In years to come, the President may exercise his “executive Power” to create law without the approval of the Legislative Branch as divided government has been a reoccurring issue within the government. He may also use this power in order to avoid forcing politicians to vote on controversial issues that could affect their political image. In this way, the “executive Power” outlined in the Constitution will continue to have a lasting influence over American politics just as it has over the last 238 years.

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.

Unlocking Lake People's Secrets: 15 Must-Knows!

There's no other place you'd rather be in the summer.

Group of joyful friends sitting in a boat
Haley Harvey

The people that spend their summers at the lake are a unique group of people.

Whether you grew up going to the lake, have only recently started going, or have only been once or twice, you know it takes a certain kind of person to be a lake person. To the long-time lake people, the lake holds a special place in your heart, no matter how dirty the water may look.

Keep Reading...Show less
Student Life

Top 10 Reasons My School Rocks!

Why I Chose a Small School Over a Big University.

man in black long sleeve shirt and black pants walking on white concrete pathway

I was asked so many times why I wanted to go to a small school when a big university is so much better. Don't get me wrong, I'm sure a big university is great but I absolutely love going to a small school. I know that I miss out on big sporting events and having people actually know where it is. I can't even count how many times I've been asked where it is and I know they won't know so I just say "somewhere in the middle of Wisconsin." But, I get to know most people at my school and I know my professors very well. Not to mention, being able to walk to the other side of campus in 5 minutes at a casual walking pace. I am so happy I made the decision to go to school where I did. I love my school and these are just a few reasons why.

Keep Reading...Show less
Lots of people sat on the cinema wearing 3D glasses

Ever wonder what your friend meant when they started babbling about you taking their stapler? Or how whenever you ask your friend for a favor they respond with "As You Wish?" Are you looking for new and creative ways to insult your friends?

Well, look no further. Here is a list of 70 of the most quotable movies of all time. Here you will find answers to your questions along with a multitude of other things such as; new insults for your friends, interesting characters, fantastic story lines, and of course quotes to log into your mind for future use.

Keep Reading...Show less
New Year Resolutions

It's 2024! You drank champagne, you wore funny glasses, and you watched the ball drop as you sang the night away with your best friends and family. What comes next you may ask? Sadly you will have to return to the real world full of work and school and paying bills. "Ah! But I have my New Year's Resolutions!"- you may say. But most of them are 100% complete cliches that you won't hold on to. Here is a list of those things you hear all around the world.

Keep Reading...Show less

The Ultimate Birthday: Unveiling the Perfect Day to Celebrate!

Let's be real, the day your birthday falls on could really make or break it.

​different color birthday candles on a cake
Blacksburg Children's Museum

You heard it here first: birthdays in college are some of the best days of your four years. For one day annually, you get to forget about your identity as a stressed, broke, and overworked student, and take the time to celebrate. You can throw your responsibilities for a day, use your one skip in that class you hate, receive kind cards and gifts from loved ones and just enjoy yourself.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments