In the constitutional system of America, the government’s coordinate branch is charged with sustaining the institution equilibrium, with everyone examining the other to avoid unwarranted power concentration. One of the ways that the President assists in upholding that the inter-branch balances are by the assenting roles within the legislative procedure. While the texts of the constitution presuppose the President’s active roles in creating and designing the legislation, enhancements with the legislative process’s realities with time led to alterations in the manner in which the President influences the legislative processes.
One of the President’s constitutional duties is enforcement of law, which entails “taking Care” that laws will be implemented in good faith. In addition, it is the initial mechanism for impacting the national regulatory policies. The president has been given by the Constitution the role of “taking care that there is the faithful execution of the laws”. Covertly, the responsibility happens to be the main one of the highest office. Nonetheless, since the office of the president transformed with time, the president’s administrative roles have taken the back seat in additional responsibilities. The additional responsibilities comprise of the president being the chief legislator and also the chief initiator of the foreign policy. The policy administration encompasses the implementation of an excess of the certified government policy, both the domestic and foreign. The policy administration entails the issuance of the directive, the disbursement of the fund, generating the loans, giving grant, distributing data, the analysis of the issues, the signing of contract, the employment and allocating of individuals, establishing the units of the organization, suggesting changes, and future planning (Riley, 2006).
The government’s soul and heart lie with bureaucracy. The bureaucracy’s task involves the implementation of the policies that have been generated by the decisions of the president or acts of the Congress. Normally, the legislation only establishes procedures used to attain the objectives of the government, enabling the administrators to establish distinct rules and programs.
Essentially, the discretionary powers should be exercised by authorities that have the commitment. It tends to be a common principle of law whereby, if power is revealed to individuals, the individual is expected to implement the powers individually except in the event that the person is specifically authorized to delegate to others. The principle is articulated in maxim delegate form, usually passed to the agency law, and the law of arbitration and trust. Therefore, in case an individual whose authority of individually exercising discretion has been conferred by an act, delegates the person’s discretionary powers to other people, it often leads to the failure of exercising discretion.
The discretionary powers that the legal authority and bureaucracy practice are permissive. The delegation or statute often grants the powers to the officials. The decision makers are not imposed obligations by the discretionary powers to explore them or utilize them in specific ways. The administrative agency should practice the discretionary power consistent with the legal prerequisites. In addition, such powers should be utilized sensibly, neutrally and avoid coercion or pointless injuries. Mostly, the administrative agency is provided with the wide discretions of exercising their administrative authorities. Normally, the statute clearly confers the rights of exercising such powers to the administrative agency. Nevertheless, the responsibility of the administrative agency necessarily entails the rights of exercising discretion. The main aim behind permitting the discretionary powers to the administrative agency is due to the fact that they have experiences and specialty in specific areas. The experiences and concentration assist the agencies in establishing decisions in proficiency areas of the agencies.
The administrative agency is given the discretionary powers to decide on the time and place to resolve issues presented. The agency possesses the powers of prosecuting or enforcing matters through criminal or civil processes. With the local government law, there might be delegations of the executive powers or powers of making the decisions or recommendations subjected to approvals to delegate power. The issues arise when individuals with delegated powers make conclusions without the delegating authority’s approval and delegating authorities to ratify the unofficial acts subsequently.
There are several principles produced from cases where the statutory discretion’s devolution is measured. Where authorities conferred the power of discretion enables one of the members to use the power independently with no supervisory regulation by the authorities, which in turn invalidates the powers exercised. The level of control upheld by the delegating authorities over the delegate or sub-delegate acts might be substantial factors in establishing the delegation’s validity. It happens to be inappropriate for the authorities in delegating the wide power of discretion to other authorities where it is not capable -+of exercising the direct regulation, except when it is specifically authorized for delegation (Bardes et al., 2014). Therefore, the Minister of Health cannot be delegated by Minister of Works part of the functions in the system of establishing the license. Where discretionary power exercise is delegated to named officers, other officers are not able to exercise the power in the stead unless expressing the statutory provisions is made.
It is the bureaucracy’s role of carrying out and implementing the government policies while enforcing the law is the main constitutional duty of the President. Worthy laws and rules could serve their goals only when they are effectively executed by the civil servant. The involvement of the President in enforcing the law is vital for the vitalizing the government, establishing the priority, resolving conflicts and the management of the overlaps.