Answer:
The president’s authority to issue normative legal acts developing a living constitution has three sources: 1) constitutional authority; 2) powers delegated by Congress through statutes; 3) possible prerogatives within the competence of the administration. The text of the US Constitution, embodying the will of the founding fathers, limits the legislative powers of the president. But with the industrialization, democratization of the United States at the beginning of the 20th century, accompanied by the growth of state regulatory activity in the economy, social welfare, and the intensification of international activity, the president acquired a dominant role in the state mechanism.
A distinctive feature of the evolution of the presidency in recent times has been the expansion of not only the executive power assigned to him by the Constitution, but also legislative powers. The text of the US Constitution provides the president with limited opportunities in the legislative process. The most important of them is the veto, which can be overcome only by a majority of 2/3 of both houses. It is very difficult to overcome the presidential veto (this requires at least two-thirds of the votes of the legislators). In the entire history of the American state, congressmen managed to overcome only 2.5% of the presidential veto, which already indicates the great ability of the president to influence the legislative process. With the advent of the modern Roosevelt presidency, presidents assumed the role of legislative leader and further improved ways to achieve Congressional approval of their own initiatives. Thus, the “legislative presidency” appeared.
The concept of “inherent powers” of the president contains a relatively transparent allusion to the fact that these powers are not derived from the power of Congress. The conclusion is drawn that the American president is not accountable to Congress under these powers. Given the amorphous concept of "inherent nature of powers," these powers can be interpreted as independent ones. Then one can conclude that these powers do not depend on the mechanism of checks and balances. Consequently, the inhrent powers of the President of the United States are not only opaque to Congress, but not subject to judicial restrictions.
Such arguments, for example, can be found in the odious Torture Memorandum, prepared by the Office of Legal Aid under the US President George W. Bush. It is taken for granted that the president really does have inherent power to search without court order in order to obtain intelligence information.
Explanation:
