DESCRIBING POLICY PROBLEM ASSIGNMENT 1
Describing Policy Problem
Royal P McHenry
Helm School of Law/Government-Liberty University
Does the executive have too much unchecked authority?
The United States of America’s governmental structure suggest republican and senators alike are
parallel of the Roman Empire framework of governmental institution. Three key similarities between the
Roman Republic government and the United States government are: a tripartite system with separate
branches (legislative, executive, and judicial), a system of checks and balances to prevent one branch
DESCRIBING POLICY PROBLEM ASSIGNMENT 2
from becoming too powerful, and the ability for officials to veto decisions, effectively blocking actions
from other branches of government. US government is similar to the Roman Republic as it has a
legislative branch with two houses. In the U.S., the legislative branch is bicameral, consisting of the
House of Representatives and the Senate, which is analogous to the Roman Republic's structure of
having the Assembly of the Tribes and the Senate. Roman great leaders maintain one vision and that was
to conquer the world at any means necessary.
Task 1:
The United States of America Article 1
“The Supreme Court decided one of the most significant decisions on presidential powers in U.S. history.
The court ruled that current and former presidents are generally immune from criminal prosecution for
any official acts they do while in office” (Clemmitt, 2024). The decision weigh in on the balancing of
power granted by the articles, establishing the legislature executive and the judicial forms of
government would have equally decision making powers. T This article addresses the executive branch
and the extraordinary powers it has and primarily based of the fact the executive office has 15 or more
cabinet members established in Article II, Section 2 of the Constitution. The Cabinet's role is to advise
the President on any subject he may require relating to the duties. However each cabinet plays a
significant role of federal branch of government at all 3 tiers (Horobet, Ogrean, Alexandru, & Oprescu,
2024). The president has the authority over the economic military and political arena of policy under his
leadership of the cabinet. Pursuant to the term federalism it is these policies that effect the operation
societal function.
Task 2
The issue for contesting the power of the executive branch
“Some critics claim the ruling's vague language constitutes an official act, and moreover, say it
encourages presidents to misuse their presidential powers. The true danger of the opinion could protect
the official acts that might destroy the American republic itself” (Clemmitt, 2024 p 10). However, this big
uproar was not developed by the official capacity of the president ability to govern the country until the
recent conflict of the transfer of power that occurred when president trump was leaving office of his first
DESCRIBING POLICY PROBLEM ASSIGNMENT 3
term. “Trump himself has already falsely claimed his actions on January 6 were an attempt to fight voter
fraud, an argument that his lawyers will frame as an official action” (Brettschneider 2024 p12).
Task #3
Offer a Solution
The transitional process of transfer of power in the presidential position address the outgoing of the
presiding president preparation for the in-coming newly elected president. The power of the transfer
gives the executive officer dominion over the cabinet members who is actually the administration of the
country’s formation. The transition of this officer should be made in Congress in open floor where all 3
branches of government are attentive witnesses not for public engagement alone. The bureaucratic
platforms are complicated at times even to scholars who have experienced several years of practiced.
The Presidential Transition Act of 1963 provides the current mechanisms to facilitate an orderly and
peaceful transition of power.
Task #4
Problem description
The public has a right to know and witness the great offer and acceptances of such powerful
disposition, when such transaction is performed in a uncommon place of governmental premises
chances of disruptive interference becomes a great possibility. The question has now been a concern
due to the fact President “Nixon's goals were to boost his electoral chances by sabotaging rivals and
punishing people he perceived as enemies or threats” (Brettschneider 2024 p 14), which was a concern
for the incoming president at the time this article was written.
Applying these standards, discuss whether the published problem description
answers basic questions.
After reading the article and witnessing the transfer of power from President Biden to President
Trump it is clear the Presidential Transition Act of 1963 has been the perfect solution for the problem.
Explain whether the description is useful to the intended audience.
The legislative intent for the powers of the executive office as well as the other branches of
government will prevailed because of the structure of policies and how law become law.
Also discuss whether the problem description is written clearly.
As a legal practioner of law in the fields of paralegal, it is my opinion that a legal mind would see
DESCRIBING POLICY PROBLEM ASSIGNMENT 4
the clarity of calling the power of the executive officer into question when there is clear and convincing
possibilities there could be a conflict.
Finally, provide at least two tips to improve the provided problem description.
(1) Perform the transfer of power in open assembly in congress before all branches of
government.
(2) Allow concession of both parties prior to the showmanship.
Reference
Clemmitt, M. (2024). Presidential power. In CQ Researcher. CQ Press
https://doi.org/10.4135/cqresrre20241025
Corey Brettschneider (2024 July) “The supreme court's presidential immunity ruling mocks the rule of
law,” https://www.theguardian.com/commentisfree/article/2024/jul/03/supreme-court-trump
immunity-authoritarian.
Horobet, A., Ogrean, C., Alexandru, D., & Oprescu, R. (2024). An Overview of Cabinet Demographics.
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