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The review of guidelines and executive orders in AmericaMajlis Research Center reviewed guidelines and executive orders in America in a report.
According to the Public Relations Office, America Constitution and how to organize institutions, and pattern of division of competencies between them, government system of the country has placed among the presidential regimes, therefore, the presidency has been very extensive and by using various competencies, the president has become a powerful person in the administration of the Office of Federal High, the Office of Legal Studies said.
According to the report, at the top of Article (2) of its constitution which is devoted to describing the powers of the president, the expression has been used than the top of Article (1) of its constitution that Congress competencies are expressed; more scope of authority than the president will come to mind.
Thus, the president has a unique position in the legal and political system of America, has a dual role of head of state and head of a government. This feature makes this place despite the extensive powers, always about how to exercise this authority, theoretical discussions and practical challenges to be raised.
Generally, the president's powers come from four sources: the powers stipulated (in the constitution is included as chief executive and commander of the armed forces), implicit or implied authority (the powers are stipulated), inherent authority (neither explicit nor implicit has been in the constitution, but it is considered as an exclusive right of the national executive) and delegated powers (are granted to the president among the rules by the Congress).
On the president's carte blanche to issue executive orders and regulations, there are opinions that such powers are reserved with respect to the criteria, the report stated.
Accordingly, current theories regarding the powers of the president of America are on the basis that every law that the authority is delegated to an administrative authority, implicitly it also gives the authority to the president. Defenders of the executive branch state strongly centralist that all executive responsibilities and powers are entrusted to the president by the constitution, thus this authority has the right to review all executive actions and decisions.
In contrast, some other jurists believe that the president only has jurisdiction to regulate that the Congress legislation granted the necessary permits explicitly to him.
Accordingly, for executive orders and codes issued by the president, necessary legal criteria should be provided. (The text of the report is attached.)