Declare

Definition

To declare means to formally announce or state something with authority or certainty. In the context of checks on the presidency, declaring relates to actions taken by various branches of government that can limit or oversee presidential powers, ensuring that the executive does not overstep its bounds and operates within the framework established by the Constitution.

5 Must Know Facts For Your Next Test

1. The president has the power to declare a national emergency, which allows for special powers and resources during times of crisis.
2. Congress has the authority to declare war, which serves as a check on the president's military powers and decisions.
3. The Supreme Court can declare an executive action unconstitutional, effectively nullifying it and acting as a check on presidential authority.
4. The process of declaring legislation as unconstitutional ensures that all laws align with constitutional principles, maintaining the rule of law.
5. In foreign affairs, the president can declare treaties, but they require Senate approval to take effect, demonstrating legislative oversight.

Review Questions

• How does the power to declare war serve as a check on presidential authority?
  • The power to declare war is constitutionally assigned to Congress, meaning that while the president can lead military operations as commander-in-chief, they cannot unilaterally initiate a war without congressional approval. This ensures that the decision to engage in armed conflict reflects a broader consensus among elected representatives rather than solely on the executive's judgment. By requiring a declaration of war from Congress, this system maintains a balance of power between the legislative and executive branches.
• In what ways can judicial review act as a mechanism to declare presidential actions unconstitutional?
  • Judicial review allows courts, particularly the Supreme Court, to evaluate and decide if presidential actions comply with the Constitution. If an action is deemed unconstitutional, it can be declared null and void. This mechanism serves as an essential check on presidential power because it prevents any executive overreach that contradicts constitutional limits. Through landmark cases, judicial review has established precedents that reinforce this balance of power.
• Evaluate how the president's ability to declare a national emergency impacts checks on their power.
  • The ability of the president to declare a national emergency provides them with enhanced powers that can expedite responses during crises. However, this power is not unchecked; Congress can challenge such declarations through legislation or oversight. Additionally, judicial review may also come into play if there are disputes regarding the scope of emergency powers invoked. Therefore, while declaring a national emergency gives the president significant authority, it is ultimately subject to legislative and judicial scrutiny, ensuring that it is not misused.

Related terms

Impeachment:

A process by which the legislative body levels charges against a government official, including the president, which can lead to removal from office.

Veto:

The power of the president to reject a bill passed by Congress, which can be overridden only by a two-thirds majority in both houses.

Judicial Review:

The power of the courts to assess whether a law is in compliance with the Constitution, allowing them to declare laws or executive actions unconstitutional.