HISTORICAL BACKGROUND OF PRESIDENTIAL SYSTEM OF GOVERNMENT



CHAPTER ONE
Introduction:
            Constitutionally speaking, a leaned gentle man cannot discuss or through light on history of presidential system of government without stating the meaning of the above term. From the above premises it is imperative to ascertain the meaning or presidential system of government.
A system of government where an executive branch is led by a president who serves as both head of state and head of government. 

[1]In addendum, it is expedient to note that in such system of government legislature and judiciary exists separately from the executive in that there is what is called separation of power. It is gladden to role that in America the president used to sit in point of legislative body while presiding but this abnormalities has  been re-addressed and the president a need not sit in point of legislative while presiding. Also note that this president does not applied in the case of semi-constitutional monarchies where a monarch exercises power (both as head of state and chief of he government) along side a legislature, the term is often associate with republican system in the American consequently there are diverse and numerous type of presidential system of government, but they all have similar structure.
            We cannot proceed with out discussion without categorically stating when and how the presidential system of government was put to birth. In fact, the presidential system of government was not healed until 1787. it was said that,
The Delegates of constitutional convention of 1787 favored a multiple executive, in which power would be exercised simultaneously by three or more individuals. Others insisted to limiting the presidential to single term of seen years or to two three- years’ terms[2].
           
According to Otis, where he opined that:
The Pramers not only vested power in a single executive, elected for a term or four years, but also refused to limit the number of terms the president might serve. he further added that, Washington, as the first president displayed both the leadership and self restraint that the American people expected. He established an important precedent by refusing to seek a third term, a tradition that survived until Frankin D. Roose velt was elected to a third term in 1940, followed by a birth term in 1944.[3]

Consequently, in is pertinent to note that the presidential system or government in America introduce a system known as Electoral College. This is a system where election to the presidential sit is conducted indirectly.
According to Otis, he said:
Under this arrangement (i.e electoral college), each state was authorized to appoint as many electors as it had senators and representatives in congress. This was boldly provide.

In Article 11, section I of American Constitution of 1779. this electorl college, as it came to be called was empowered to chose the president, and the person receiving the second highest number of votes would serve as vice president. The drafters assumed that the electors would act independently of the people in making their selections. But with the advent of the two-arty system in the late 197os the electors soon lost this independent lole”.
            Aptly speaking, this quite different form what is obtainable in most of the African country that is operating presidential system e.g in Nigeria the president is usually elected independently in that for office of the president is open for interested parties for contest.
            In 1804 the united state of America modify the structure and method of electing the president. In the new system the president now develop its presidential and vice president ticket.
            An erudite author had emphatically stated that;
Although the electoral college has lost

CHAPTER TWO
2.1       Introduction
            The presidential system of government emanated from united state of America. This type of system government had never been practice any where across the globe. “It was in the year 1789 that the above system of government came into American political history.
According to Otis1 who  stated that ;
It was on 1787 that the constitution executive, in which power would be exercised simultaneously by three or more individual. But, others insisted on limiting the president to a single term of seven years or to two three year terms. Others maintained that the president, in correct with the Supreme Court, should functions as a “council of revision”, which would in effect pass on the constitutionality of acts of congress.

The presidential system of government is not term the president was meant to spent in office was equivocally stated.
According to Otis, who was of the view that2
The framers of the presidential constitution not only vested power in a single executive, elected for a term of your years, but also refused to limit the number of terms the president serve.

As infant in presidential system of government, they were with some challenges. Not wit standing that Americans were the originator of presidential system of government, but the drafters of the resuscitation rails to state in a precise manner term of office a president was meant to spent in office. The above ascertain will not make meaning it we fall to buttress the point.
According to Otis3 where we opined thus:
Washington, as the first president, displayed both the leadership and self restraint that the American people erected. He established an important precedent by refusing to seek a third term, a tradition that survived until Franklin D. Rraleselt was elected to a third term in 1940, followed by a burgh in 1944. Rraleselt died in office in 1945, and the Republican Party gained control of both houses of congress after the 1946 elections. Reacting to Roosevelt’s break with tradition congress then proposed the twenty- second amendment, ratified in 1951, prohibiting future presidents from being elected to more than two terms. In the aftermath of Ronald Rezyans popular first term and landslide re-election in 1984, some political activities begun to urge i.e peal of the twenty-second amendment.
            In early American presidential independent office of the  president is usually occupy by appointment.
            The duration of the constitution crouched constitution in a way that the office of the president and some other vital offices is conducted through the body known as electoral collage.
            According to Otis on constitutional law, where he unequivocally opined thus:
Under this arrangement, each state was authorized to appoint as many elector as it had senators and representatives in congress Article I section.

            On important thing to note is that, during the early era off presidential in America the office of the president vice-president were tied. The above illustration was demonstrated during the presidential election of 18000 where Thomas Jefferson and his running mate Aaron Burr vied for the presidential sit with single ticket4.

2.2       General Overview of Presidential System of Government in United State of America
            Constitutionally speaking, the constitution of United State of America has in unequivocally term provided for three branches of government the said constitution provides thus:
All legislative powers herein granted shall be vested in a congress of the United States, which shall consist of a senate and House of Representatives5. On the other hand, the executive power shall be vested in president of the United States of America.6 In the same vein, the Judiciary power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the congress may form time to ordained establish.7
            It is pertinent to note that the constitution of United State of America being the presidential one has six foundational principles and they are as follows:
(a)       Popular sovereignty I what this entail is that the sovereignty and belief stems form the concept of the social contract and the rights of its citizens. If the government is not protecting the properties of its citizen that means that the principle is diminish.
(b)       Limited Government: since the people give government respect given to it by them. In other worlds, the US government has its own Law and it can only using powers given to it.
(c)       Separation of powers: As stated previously the US government has three branch bruit one branch has all the power. Each branch has its own purpose. To make the laws, execute the law and to interpret the Law.
(d)       Checks and balances: In order to further protect the citizens, the constitution set up a system where by the government has a certain number of checks it can use to ensure the other branches do not behave contrary to the provision of the Law or veto legislation, the supreme Court can declare acts of congress un-constitutional, and the senate appointments.
(e)       Judicial review: this is a power that allows the supreme court to decide whether acts and cases decided by the lower court are wrongly or rightly enacted or decided. Similar decision was reaches in the case of Marbury v. Madison8.
(f)        Federalism: One of the most complicated foundation of the US is the principle of Federalism which control all the power in the nation. States also have powers it reserved to them. This division of the problem such as what happened with the response to Hurricane Katrina between the state and the people9.
            One the other hand, just as most of the country that operates presidential system of government adopt multiparty system, American constitution boldly provided for two party systems. This does not means that in the subsequent time they cannot increase it to four of three through amendment process.
Note that the two parties are republican parities which act as coalitions and attempt to win elections.
            Consequently, it sis imperative to note that the presidential system of government AU over the world has similar structure and ingredients. One of the creatures of presidential system of government is electoral system in that the president and elected officers of the government usually come into power through electoral process. This means that to become a president under presidential system n government is not by appointment rather by free and fair election. When the president is saw himself through to the office by ringing, the court will in most cases decline such election null and ibid.
            In Bush v. Gore,10 531 U.S 98(2000), thesis the United states supreme court decision that effectively resolved the dispute surrounding the 2000 presidential election in favour of George W.Bush. only eight days earlier, the United states supreme cont had unanimously decided the closely related case of bush v. Palm Beach county canvassing board, 531 U.S 70 (2000) and only three day earlier had preliminarily halted the recount that was occurring in Florida.
            In per incuriam decision, the court ruled that the Florida Supreme Courts method for recounting ballots was a violation of the equal protection clause of the fourteenth amendment. The reason for this was the lack of equal treatment of all the ballots cast in Florida. The could be established within the time limits set as to appointments of electors which is December interpreting Florida election law that had been enacted by Florida legislature
            The decision allowed Florida secretary of State Katherine Harris previous certification of George w. bush as the winner of Florida’s 25 electoral votes one more than the required 270 electoral votes to win the Electoral college and defeat democratic candidate Al gove who record 266 electoral votes ca district of Columbia elector abstained)
            High controversial, the decision itself stated it was limited to present circumstances craisn crics the conservative majority of simply placing a winner rather than relying on sound jurisprudence.
            In 2001, a consortium of news organization assisted by professional statisticians (NORC) examined numerous hypothetical ways of the counting all the florid ballots. The stud was conducted over period of 10 months. The consortium examined 175,010 ballots vote that counting machines had rejected. Under some methods AL score would have emerged the winner, in others, gorge W. bush. But in each  one, the margin of victory was smaller than 537 vote lead that state election officials ultimately Bush would have kept his lead, according to the ballor review conducted by the consortium. If floridas 67 countries had carried out the hand recount of disputed ballots ordered by the florid supreme court on December 8, apply the standards that election officials said they would have used” Bush would have emerged the victor by 493 votes (1) (2).
            With the above analysis it is save to day that even in America the presidential election will art be said to be free and fair not withstanding that  have practice this of system of government for detate. The above analysis shall that no body knows the number of the bush actually used to defeat Al Gore
            On the other hand, it is pertinent to note the following point about the presidential system of government in United State of America.
1.         Unlike before the president of America has a fixed form of office. For the term of office of American president see article II section I23 Election are held at scheduled times and cannot be triggered by a vote of confidence or other such parliamentary procedures. On the other hand, in special circumstances an American president may be impeached and remove form office. In American the legislature had successful impeached two serving president, but were unable to remove them form office. The two president Bil Anton in 2008 and John_____ in 1968 they were examinated by the senate.
2.         Eligibility: The constitution of the United State of America has stated unequivocally that,
No person except a national born citizen of the united states, at the time of the adoption of this constitution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the Age of thirty five years, and been fourteen years, and been fourteen years a resident within the United States24.

Critical perusal of the above provision it my lead one to conclusion that a person who is not a natural born of United State of America and who has not stayed up to fourteen years in America cannot vote for presidential post in United State of America.
3.         The executive branch is un-personal. Members of the cabinet serve at the pleasure of the head of state and must carry out the policies of the executive and legislative branches. However, presidential system frequently require legislative approval of executive nominations to the cabinet as well as various governmental posts such as Judges. A presidential leader generally has power to direct members of the cabinet, military of any officer or employee of the executive branch, generally no power to dismiss or give orders to judges.
4.         The power to pardon or commute sentences of convicted criminals is often in the lands of the head of state are not the exclusive users of he title of president or the republican form of government.
5.         The president power to make appointment: the president shall with the advice and consent of the senate appoint ambassadors, other pubic ministers and counsels, Judges of the supreme count and all other officers of the United States, whose appointment are not herein otherwise provided for and which shall be established by Law.  See Article II section 2 of United state constitution of 1979.
            Duties of the president of the United states of America:
            The president of United State of Amarka is charged with the following duties:
1.         The president shall form time to time give to the congress information of the state or union and recommend to their consideration such measures as be shall judge necessary and expedient25
2.         He may on extract ordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn to such time as he shall think proper;
3.         He shall receive ambassadors and other public ministers
4.         He shall take care that laws be faithfully executed and commission all the officers of the United States.
Removal of president form office
            The president of united state or America will be remove from office in with the provision or the constitution. This means that the president of United State of America enjoys constitutional protection, unlike other executions officers who are occupying appointment offices.
            In fact, Article II, Section 40 US constitution boldly spelt out procedure for impeachment (i.e impeachment of the president) According to the above section which provides as follow:
The president, vice-president and all civil officers of the United states shall be removed form office on impeachment for, and conviction of treason, Bribery or other high crimes and misdemeanors.
            The simply means that the president of United state of America will be remove form office any time he found usually in any of the above offence.
Presidential Powers          
Power of impoundment
            The first question one might ask is, what is impoundment?
            The term “impoundment” has been definer in blacks Law Dictionary at page 772 as;
The president’s refusal to spend funds appropriated by congress. Although not authorized by the constitution and seldom used, the impoundment power effectuality gives the executive branch a line-items veto over legislative spending.

            Having ascertained the meaning of impoundment, it is imperative to state that in America there what is known as power or impoundment which is vested both pediment of the country.
            According to Ohis H. Stephen who was of view;
That this is the power of the president to refuse to allow expenditure of funds appropriated by congress. He further said that, this first look place in 1803, who president Jefferson with held $50, ooo that congress had allocated to build fun boat, to defend the Mississippi river. Jeffersorts pur pose was merely to delay the expenditure, primarily because the Louisiana purchase, which was transacte shortly after congress appropriated the money for gun Missisippi. This statutory backup in that
26        Blocks Law Dictionary Eight Edition (2004) at page 772.
 The president was given limited power of impoundment to avoid departmental defeats. 


[1] On line Wilkpedia, the free encycbpedin, Article published on (November 2010)
[2] Otis H. Stephens and John M. Scheb II C(University of a Tennessee, Kno xuike, American Constitutional Law, Third Edition p. 164.
[3] Otis H. Stephens J. and John law United state of American, Thomson learning p. 165.
1 Otis H. Stephens, JR and John M. Scheb II, American constitutional Law United State of American, Nelson Thomson Learning p. 164.
2 Otis H. Stephen’s p. 165
3 Otis H. Stephens, JR and John M. Scheb II, American constitutional Law United State of American, Nelson Thomson Learning p. 165.
4 Otis H. Stephens, JR and John M. Scheb II, American constitutional Law United State of American, Nelson Thomson Learning p. 165.
5 Article I, section 1 of the constitution of the United States of America 1787.
6 Article II section I of the Constitution of the United State of American 1779.
7 Article III, section I of the United state of America 1779
8 Marbury v. Madison 1803 or see querview of United States Government and politics, Foundation and principles by Martin really, About comguide
9 Over view of United states government and politics, foundation amprinaplas, by martin Kelly, about.com guide
10
23 Article II, Sections I of the Constitution of United State of America
24 Article II, Section I of the Constitution  of the United of America.
25 ArticleII, Section 3  paragraph(a) of 1979Constitution  of the United of America.
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