How Much Power Does the US President Really Have?

The president of the United States has been entrusted with the power to a certain level that is in accordance with the constitution. The president of the United States is well aware of his power and is required to work within the legal confines. The president knows that he has a limited tenure and the Congress could remove him from power should he go against the law. Let us explore how much power the American president has and whether or not the current US president Donald Trump is abusing the same.

First, the US president is the commander in chief. He has the mandate to command the army and has full authority over the military policy that is inclusive of individuals around the world. The US president is supposed to implement and enforce the written laws, appoint the federal agencies that include the cabinet. Secondly, the president is the head of state that is he represents power and authority over the people of the United States. He heads the government and is in full power of the political activities happening in the government. He is responsible for appointing key personnel in the government such as the ambassadors, cabinet secretaries as well as the heads of agencies such as NSA, FBI, and CIA. The Federal Reserve banks chairman who holds a powerful position in the economy is also appointed by the president. He appoints judges of the supreme courts who interpret the Law of the US constitution and solve disputes.

Additionally, the US president acts as a de facto leader across the globe. This means that most of the countries around the world consult him before undertaking an important activity. For instance, Libya has on several occasions consulted the US for aid and support. Likewise, the US president has the power to veto bills or sign the legislation into law presented to him by the Congress unless they have 2/3 votes in the two houses. Likewise, the president has the power to grant pardons and reprieves for the federal offenses.

A significant number of people in the US and across the globe believe that Trump is abusing and misusing his presidential powers. The trump administration according to research poses a great threat to the law, for instance, the current present recently fired James Comey who was the FBI director. He asked the FBI director to stop investigating Michael Flynn who was once an advisor in the national security. This according to the Americans is an abuse of power.The president is not in any way allowed to grant pardon to people in a way that obstructs justice. He has currently been spotted consulting his advisers on his power to pardon individuals including him. In the event where the present is proven to have pardoned his close aid or family in a way that obstructs justice, he is likely to be persecuted.

In the US today, there are raising questions concerning the powers of the president within the stipulated law. Immediately Donald Trump became the present, his temperament and decision-making have been questioned as he disregards the policy experts to favor other advisors that have no experience.

OJ Simpson Is Out on Parole

O.J Simpson, the former disgraced American NFL player has been granted parole after nine years behind bars. ‘The juice’, as he was known in his glorious days in the NFL shot to the world podium in what back then was referred to as the ‘Trial of the Century’. That was back in 1995 when his wife, Nicole Brown Simpson was found murdered by stabbing alongside her friend Ronald Goldman. O.J burst into the limelight when he was arrested for the double homicide and tried in what turned out to be the biggest media spectacle of the time. The Hall of Fame sports personality was then tried in a long running battle that was among the first trials to be shot for live television. He put up one of the most expensive defenses even though the disgrace that the accusations had brought his way would be hard to undo. There was a feeling back then among part of the American society that O.J was being unfairly judged and scrutinized for a number of reasons. The biggest argument being that he was subjected to humiliation by virtue of being a successful black man that had married a white woman.

The sportsman was acquitted of the murder charges after a long and publicized battle in court and some felt justice had been denied in this case. Among the biggest and most controversial court sessions was when he was made to try on gloves that had been found at the murder scene and suspected of belonging to the perpetrator. Lucky for him, they were too small to fit his hands.

Fast forward to 2008 and bad luck seemed to follow the fallen athlete ever since that trial in 1995. The former star was convicted of 12 counts and sentenced to 33 years in jail from a 2008 trial ruling that found him guilty of among others, robbery, assault and conspiracy. This is after he and other men in his company were accused of holding up a hotel at gun point in an attempt to recover what O.J termed as his personal sports memorabilia from his NFL days. The sentence had seemed harsh to some and as an attempt to punish him for the 1995 trial.

Recently, O.J Simpson was a subject of a parole hearing that filed in his favor for early release as he was found to meet all the prerequisite requirements an inmate requires to be granted parole. He managed to garner the support of four out of the seven parole commissioners that sat to hear his case. The hearing created a light moment when one of the commissioners confused his age for 90 instead of 70 years old. The now aged star still maintains that he was doing what he thought was right at the time although he apologized for his behavior and let it known that he had learnt from his past. He also highlighted that he was now a reformed man who had served his sentence as well as anyone could. Simpson is said to have scored between 0-2 points in the point system used to gauge an inmates suitability for parole. It also helped that his family testified for him as well as Bruce Fromong, one of the sports memorabilia dealers he was accused of robbing who testified that O.J never pointed a gun at him, one of his accomplices was the one who did. Neither he or his family members present could hide their joy after his parole hearing ruling has been read out. The star is expected to be formally released in October after serving 9 out of the 33 years that were his sentence.

The top 3 Times a Judge Made a Bad Decision in a Major Case

It is safe to assume that justice is always served in a court of law. But that’s not always the case. There are some rulings that call to question not just the ruling the but the long-held assumptions that courts in democratic nations around the world are incorruptible. These bad judgements can have a detrimental effect on not just the petitioner but the society, with social and political impacts that can change the way we live.

While most judges do their job with the utmost fairness, there are some striking examples of bad court opinions. The following are the top 3.

1. Margaret Bessen vs. Stuart Bessen of East Northport, Long Island (2010)

In this typical divorce case, the couple accused each other of everything from child mistreatment to threats of violence against one another. But it was the judge’s series of decisions that make it an interesting case. To begin with, the judge ruled that Stuart will pay Margaret $200 a week in child support and $500 a month for car payments. But when he failed to honor the car payments and the car was repossessed, the judge did nothing.

When claims of child mistreatment arose during the hearing, the judge seemed to take Stuart’s side by ordering Margaret undergo psychological evaluation. This ruling meant that Margaret was now considered a danger to her own children and while abuse by either parent remained unsubstantiated, the judge awarded full custody of the children to Stuart and ordered Margaret to pay $153.90 a week child support. This is despite the fact that Margaret makes $13,000 a year and tax returns showed Stuart made $528,000.

2. Kelo vs. The City of New London (2005)

The City of New London envisioned a development plan that was earmarked to revitalize the city’s economy. To do this, the city purchased land for the project from willing sellers. But at some point, some of the sellers reneged on their decision to sell. The city in response, commenced condemnation on the seller’s property. The sellers brought a case to the state court saying the City had no right to take their property, terming it a violation of the “public use” restriction in the Fifth Amendment’s Taking’s Clause.

The state court granted a restraining order, preventing the city from taking some of the properties but denied relief to others. The case went all the way to the Supreme Court. The Supreme Court upheld all the proposed takings in a landmark ruling June 23, 2005. In its ruling the court stated that the proposed disposition of the property qualifies as “public use.”

3. Lucas vs. South Carolina Coastal Council (1992)

The petitioner, Lucas purchased beach-front property in 1986 with the intention to build homes on the property. At the time of purchase, his lots were not subject to the state’s coastal zone building permit requirements. The state enacted the Beachfront Management Act in 1988, barring Lucas from building homes on the property.

He filed a law suit saying that even though the Act was lawful and within South Carolina’s mandate, it made it impossible for him to derive any “economically viable use” of his property and as such he should be justly compensated under the Fifth and Fourteenth Amendments. The State court agreed, granting him $1.2 million in compensation. But the case went all the way to Supreme Court which reversed the state court’s ruling, saying that when a regulation is meant to prevent harmful used of the property, no compensation is due to the owner regardless of the property’s value.

Samsung v’s Apple or Apple v’s Samsung

Samsung v’s Apple or Apple v’s Samsung.

Unless you have been living under a rock or you come from community that spurns modernity and all its trappings, you will be aware of one of the longest and biggest legal battles in recent times.

A legal battle so furious and hard fought it has spanned over ten years and nine different countries and their respective legal systems. In fact its not really a battle more like a war, a war that has had skirmish after skirmish and battle after battle and with no sign of letting up.

As the title suggests it is of course the on going “smart phone patent wars” which had its origin way back in 2007 but has mainly centred on two world heavy weights of the smart phone and tablet manufacturing companies, Apple inc and Samsung Electronics co.

It’s like a web of suing counter-suing and litigation after litigation. In 2007 Apple inc filed four design patents and a further massive 193 screen shots iPhone graphics. It was from this and various trademarks and intellectual properties that they sued Samsung in 2011 in the U.S. Their argument was that Samsung had infringed several of its designs, user interfaces and style, also some of its trademarks. In 2001 Samsung then counter sued Apple by filing federal complaints in courts in South Korea, Germany and Japan. Later that year Samsung filed complaints in the U.K, and in the U.S including the International Trade Commission (ITC) in Washington D.C. All in the space of a few months. The fight then spread to the courts of France, Italy Netherlands and Australia.

And so the fight went on and on, in 2012 a U.S court awarded Apple an absolute staggering $1.049 billion in damages, in regard to Apple iPhone design and functions. That wasn’t the end of the matter though, as in the following months and years the two companies continued to battle and wage war against each other, including the disputes of Samsung’s nexus tablet and Apples iPad which included a temporary ban on Samsung selling the product in the U.S.

By 2012 the two giants were involved in over 50 lawsuits around the world and claiming billions of dollars in damages from both sides. Apple rulings in the U.S however Samsung won claims in the U.K, Japan and South Korea that Apple had violated Samsung patents.

The battle raged on and in 2016 the Supreme Court of the United States reversed a $400 million payout to Apple from Samsung and referred the case to the Federal Circuit court.

The battle continues not just in the courts but also on the shelves of shops and the pockets of people who decide whether they are Android users or IOS Apple fans, two giants battling out, as it stands today Apple is far out stripping Samsung in the financial markets, but the war is not over and both sides stand defiant in the world of mobile technology, watch this space.