i

THE AMERICAN PRESIDENT AND

BRITISH MONARCH: COMPARISON

Project submitted to:

Mr. Aashutosh Kumar Ahire

(Faculty of Political Science)

Project submitted by:

Aniruddha Mishra

Semester IV , Section B

Roll no . 22

Date of Submission: 06.03.2018

HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

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Declaration

I hereby declare that the project work entitled ‘The American President and British Monarch:
Comparison’ submitted to the Hidayatullah National Law University , Raipur is the original
work done by me under the guidance of Mr. Aashutosh Kumar Ahire , HNLU , Raipur and
this project has not performed the basis for the award of any Degree or Diploma and similar
project if any .

Aniket Lahiri
Semester IV , Roll no . 22

SECTION B
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Acknowledgements

I feel highly elated to work on the topic ‘The American President and British Monarch:
Comparison’ because it has significant importance in the current scenario.

I express my deepest regard and gratitude for our Faculty of Political Science . Their constant
supervision , constant inspiration and invaluable guidance have been of immense help in

understanding and carrying out the importance of the project report .

I would like to thank my family and friends without whose support and encouragement , this
project would not have been a reality .

I take this opportunity to also thank the University and the Vice Chancellor for providing
extensive database resources in the Library and through Internet .

Aniket Lahiri

Semester – IV , Roll No . – 22

B.A. -L.L .B. (Hons. )

SECTION B
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Contents

Declaration

Acknowledgements

Introduction……………………………………………………………………………………1

Overview of Literature…………………………………………………………………………1

Objective.……………………………………………………………………………………...2

Methodology…………………………………………………………………………………..2

Comparison of the Constitutional Role………………………………………………………...2

Comparison of the Election Process……………………………………………………………2

Comparison of the Legislative Powers…………………………………………………………3

Comparison of the Executive Powers………………………………………………………….5

Comparison of the Juridical Powers……………………………………………………………8

Comparison of the Administrative Powers…………………………………………………….9

Comparison of the Ceremonial Roles………………………………………………………...10

Conclusion……………………………………………………………………………………11

References……………………………………………………………………………………13

Bibliography………………………………………………………………………………….13
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Introduction

The President of the United States is considered one of the world's most powerful people,
leading the world's only contemporary superpower. The role includes being the commander -
in-chief of the world's most expensive military with the largest nuclear arsenal and leading
the largest economy by real and nominal GDP. The office of the president holds significant
hard and soft power both in the United States and abroad. Constitutional monarchy is a form
of government in which a king or queen acts as Head of State. The ability to make and pass
legislation resides with an elected Parliament, not with the Monarch. As a system of
government, constitutional monarchy separates the Head of State’s ceremonial and official
duties from party politics. A constitutional monarchy also provides stability, continuity and a
national focus, as the Head of State remains the same even as governments change.

This project aims to compare the position and powers American President and the British
Monarch in their respective States.

Overview of Literature

John Cannon & Ralph Griffiths, The Oxford Illustrated History of the British
Monarchy (Oxford Illustrated Histories), Published by Oxford University Press (1988)

This book offers the most authoritative account of the British monarchy ever published for
the general reader. With over 400 illustrations--a third of them in color--it traces the crown's
full history from Anglo-Saxon times to the present. The authors present a vivid picture of the
lives of individual monarchs as well as of the monarchy as a political and social force.

Mike Ashley, The Mammoth Book of British Kings and Queens: The Complete
Biographical Encyclopedia of the Kings and Queens of Britain (The Mammoth Book
Series), Published by Carroll & Graf Publishers (1997)

Author Mike Ashley presents in chronological order all the kings and queens of Britain as
well as other powerful nobles and dignitaries; he includes, too, genealogies showing the
family descent of all the leading royal families as a further bonus. The result is a superb and
authoritative one-volume reference.
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Objective

1. To compare the position and powers of the American President and the British
Monarch in their respective States.

Methodology

The research method used for the completion of the project is descriptive method. Secondary
and electr onic resources have been largely used to gather information and data about the
topic. Books and other references have lent a hand in making this project authoritative and
accurate. Websites and articles have also been referred to.
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Comparison of the Constitutional Role

American President

The President of the United States of America is the elected head of state and head of
government of the United States. The president leads the executive branch of the federal
government and is the commander-in-chief of the United States Armed Forces.

British Monarch

In the uncodified Constitution of the United Kingdom, the Monarch (otherwise referred to as
the Sovereign or "His/Her Majesty", abbreviated H.M.) is the Head of State. Oaths of
allegiance are made to the Queen and her lawful successors. God Save the Queen (or God
Save the King) is the British national anthem, and the monarch appears on postage stamps,
coins and banknotes.

Comparison of the Election Process

American President

The president is indirectly elected by the people through the Electoral College to a four-year term,
and is one of only two nationally elected federal officers, the other being the Vice President of
the United States. The Twenty-second Amendment, adopted in 1951, prohibits anyone from ever
being elected to the presidency for a third full term. It also prohibits a person from being elected
to the presidency more than once if that person previously had served as president, or acting
president, for more than two years of another person's term as president.

British Monarch

Succession to the British throne is determined by descent, legitimacy, and religion. Under
common law, the crown is inherited by an individual's children and by a childless individual's
nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701, both of them
as amended in March 2015, restrict the succession to the legitimate Protestant descendants of
Sophia, Electress of Hanover that are in "communion with the Church of England" (while
marrying to Roman Catholics no longer disqualifies). Protestant descendants of those
excluded for being Catholics are eligible to succeed.
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Comparison of the Legislative Powers

American President

Article I legislative role

The first power the Constitution confers upon the president is the veto. The Presentment
Clause requires any bill passed by Congress to be presented to the president before it can
become law. Once the legislation has been presented, the president has three options:

Sign the legislation; the bill then becomes law.

Veto the legislation and return it to Congress, expressing any objections; the bill does not
become law, unless each house of Congress votes to override the veto by a two-thirds vote.

Take no action. In this instance, the president neither signs nor vetoes the legislation. After
10 days, not counting Sundays, two possible outcomes emerge:

If Congress is still convened, the bill becomes law.

If Congress has adjourned, thus preventing the return of the legislation, the bill does not
become law. This latter outcome is known as the pocket veto.

In 1996, Congress attempted to enhance the president's veto power with the Line Item Veto
Act. The legislation empowered the president to sign any spending bill into law while
simultaneously striking certain spending items within the bill, particularly any new spending,
any amount of discretionary spending, or any new limited tax benefit. Congress could then
repass that particular item. If the president then vetoed the new legislation, Congress could
override the veto by its ordinary means, a two-thirds vote in both houses. In Clinton v. City
of New York, 524 U.S. 417 (1998), the U.S. Supreme Court ruled such a legislative alteration
of the veto power to be unconstitutional.

Legislative facilitator

The Constitution's Ineligibility Clause prevents the President (and all other executive officers)
from simultaneously being a member of Congress. Therefore, the president cannot directly
introduce legislative proposals for consideration in Congress. However, the president can take an
indirect role in shaping legislation, especially if the president's political party has a majority
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in one or both houses of Congress. The president can further influence the legislative branch
through constitutionally mandated, periodic reports to Congress. Additionally, the president
may attempt to have Congress alter proposed legislation by threatening to veto that
legislation unless requested changes are made.

According to Article II, Section 3, Clause 2 of the Constitution, the president may convene
either or both houses of Congress. If both houses cannot agree on a date of adjournment, the
president may appoint a date for Congress to adjourn.

British Monarch

Legislative power is exercised by the Queen-in-Parliament, by and with the advice and
consent of Parliament, the House of Lords and the House of Commons.

Dissolution of Parliament

According to the Lascelles Principles, if a minority government asked to dissolve Parliament

to call an early election to strengthen its position, the monarch could refuse, and would do so
under three conditions. The monarch could in theory unilaterally dismiss a Prime Minister,
but a Prime Minister's term now comes to an end only by electoral defeat, death, or
resignation. The Fixed-term Parliaments Act 2011 removed the monarch's authority to
dissolve Parliament; the Act specifically retained the monarch's power of prorogation
however, which is a regular feature of the parliamentary calendar.

Although the Royal Prerogative is extensive and parliamentar y approval is not formally
required for its exercise, it is limited. Many Crown prerogatives have fallen out of use or
have been permanently transferred to Parliament. For example, the monarch cannot impose
and collect new taxes; such an action requires the authorization of an Act of Parliament.
According to a parliamentary report, "The Crown cannot invent new prerogative powers",
and Parliament can override any prerogative power by passing legislation.

It is the prerogative of the monarch to summon and prorogue Parliament. Each parliamentary
session begins with the monarch's summons. The new parliamentary session is marked by the
State Opening of Parliament, during which the Sovereign reads the Speech from the throne in the
Chamber of the House of Lords, outlining the Government's legislative agenda. Prorogation
usually occurs about one year after a session begins, and formally concludes the session.
Dissolution ends a parliamentary term, and is followed by a general election for all seats in the
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House of Commons. A general election is normally held five years after the previous one
under the Fixed-term Parliaments Act 2011, but can be held sooner if the Prime Minister
loses a motion of confidence, or if two-thirds of the members of the House of Commons vote
to hold an early election.

Before a bill passed by the legislative Houses can become law, the royal assent (the
monarch's approval) is required. In theory, assent can either be granted (making the bill law)
or withheld (vetoing the bill), but since 1707 assent has always been granted.

Comparison of the Executive Powers

American President

Article II of the U.S. Constitution vests the executive power of the United States in the president.
The power includes execution of federal law, alongside the responsibility of appointing federal
executive, diplomatic, regulatory and judicial officers, and concluding treaties with foreign
powers with the advice and consent of the Senate. The president is further empowered to grant
federal pardons and reprieves, and to convene and adjourn either or both houses of Congress
under extraordinary circumstances. The president is largely responsible for dictating the
legislative agenda of the party to which the president is enrolled. The president also directs the
foreign and domestic policy of the United States. Since the founding of the United States, the
power of the president and the federal government has grown substantially.

War and foreign affairs powers

Perhaps the most important of all presidential powers is the command of the United States
Armed Forces as its commander-in-chief. While the power to declare war is constitutionally
vested in Congress, the president has ultimate responsibility for direction and disposition of
the military. The present-day operational command of the Armed Forces (belonging to the
Department of Defense) is normally exercised through the Secretary of Defense, with
assistance of the Chairman of the Joint Chiefs of Staff, to the Combatant Commands, as
outlined in the presidentially approved Unified Command Plan (UCP). The framers of the
Constitution took care to limit the president's powers regarding the military; Alexander
Hamilton explains this in Federalist No. 69:
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The President is to be commander-in-chief of the army and navy of the United States. ... It
would amount to nothing more than the supreme command and direction of the military and
naval forces ... while that [the power] of the British king extends to the DECLARING of war
and to the RAISING and REGULATING of fleets and armies, all [of] which ... would
appertain to the legislature.

Congress, pursuant to the War Powers Resolution, must authorize any troop deployments
longer than 60 days, although that process relies on triggering mechanisms that have never
been employed, rendering it ineffectual. Additionally, Congress provides a check to
presidential military power through its control over military spending and regulation.

Along with the armed forces, the president also directs U.S. foreign policy. Through the
Department of State and the Depar tment of Defense, the president is responsible for the
protection of Americans abroad and of foreign nationals in the United States. The president
decides whether to recognize new nations and new governments, and negotiates treaties with
other nations, which become binding on the United States when approved by two-thirds vote
of the Senate.

Although not constitutionally provided, presidents also sometimes employ "executive

agreements" in foreign relations. These agreements frequently regard administrative policy
choices germane to executive power; for example, the extent to which either country presents
an armed presence in a given area, how each country will enforce copyright treaties, or how
each country will process foreign mail’s solution when the need for swift, secret, and/or
concerted action arises.

British Monarch

The Monarch takes little direct part in Government. The decisions to exercise sovereign
powers are delegated from the Monarch, either by statute or by convention, to Ministers or
officers of the Crown, or other public bodies, exclusive of the Monarch personally. Thus the
acts of state done in the name of the Crown, such as Crown Appointments, even if personally
performed by the Monarch, such as the Queen's Speech and the State Opening of Parliament,
depend upon decisions made elsewhere:

Executive power is exercised by Her Majesty's Government, which comprises Ministers,

primarily the Prime Minister and the Cabinet, which is technically a committee of the Privy
Council. They have the direction of the Armed Forces of the Crown, the Civil Service and other
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Crown Servants such as the Diplomatic and Secret Services (the Queen receives certain
foreign intelligence reports before the Prime Minister does).

The Sovereign's role as a constitutional monarch is largely limited to non-partisan functions,

such as granting honours. This role has been recognized since the 19th century. The
constitutional writer Walter Bagehot identified the monarchy in 1867 as the "dignified part"
rather than the "efficient part" of government.

Some of the government's executive authority is theoretically and nominally vested in the
Sovereign and is known as the royal prerogative. The monarch acts within the constraints of
convention and precedent, exercising prerogative only on the advice of ministers responsible
to Parliament, often through the Prime Minister or Privy Council. In practice, prerogative
powers are exercised only on the Prime Minister's advice—the Prime Minister, and not the
Sovereign, has control. The monarch holds a weekly audience with the Prime Minister. No
records of these audiences are taken and the proceedings remain fully confidential. The
monarch may express his or her views, but, as a constitutional ruler, must ultimately accept
the decisions of the Prime Minister and the Cabinet (providing they command the support of
the House).

Comparison of the Juridical Powers

American President

The president also has the power to nominate federal judges, including members of the
United States courts of appeals and the Supreme Court of the United States. However, these
nominations do require Senate confirmation. Securing Senate approval can provide a major
obstacle for presidents who wish to orient the federal judiciary toward a particular ideological
stance. When nominating judges to U.S. district courts, presidents often respect the long-
standing tradition of Senatorial courtesy. Presidents may also grant pardons and reprieves, as
is often done just before the end of a presidential term, not without controversy.

Historically, two doctrines concerning executive power have developed that enable the
president to exercise executive power with a degree of autonomy. The first is executive
privilege, which allows the president to withhold from disclosure any communications made
directly to the president in the performance of executive duties. By legal precedent, executive
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privilege is valid, although the exact extent of the privilege has yet to be clearly defined.
Additionally, federal courts have allowed this privilege to radiate outward and protect other
executive branch employees, but have weakened that protection for those executive branch
communications that do not involve the president.

The state secrets privilege allows the president and the executive branch to withhold
information or documents from discovery in legal proceedings if such release would harm
national security.

British Monarch

The Sovereign is deemed the "fount of justice"; although the Sovereign does not personally
rule in judicial cases, judicial functions are performed in his or her name. For instance,
prosecutions are brought on the monarch's behalf, and courts derive their authority from the
Crown. The common law holds that the Sovereign "can do no wrong"; the monarch cannot be
prosecuted for criminal offences. The Crown Proceedings Act 1947 allows civil lawsuits
against the Crown in its public capacity (that is, lawsuits against the government), but not
lawsuits against the monarch personally. The Sovereign exercises the "prerogative of mercy",
which is used to pardon convicted offenders or reduce sentences.

Comparison of the Administrative Powers

American President

The president is the head of the executive branch of the federal government and is
constitutionally obligated to "take care that the laws be faithfully executed." The executive
branch has over four million employees, including members of the military.

Presidents make numerous executive branch appointments: an incoming president may make
up to 6,000 before taking office and 8,000 more while serving. Ambassadors, members of the
Cabinet, and other federal officers, are all appointed by a president with the "advice and
consent" of a majority of the Senate. When the Senate is in recess for at least ten days, the
president may make recess appointments. Recess appointments are temporary and expire at
the end of the next session of the Senate.
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The power of a president to fire executive officials has long been a contentious political issue.
Generally, a president may remove purely executive officials at will. However, Congress can
curtail and constrain a president's authority to fire commissioners of independent regulatory
agencies and certain inferior executive officers by statute.

The president additionally possesses the ability to direct much of the executive branch through
executive orders that are grounded in federal law or constitutionally granted executive power.
Executive orders are reviewable by federal courts and can be superseded by federal legislation.

To manage the growing federal bureaucracy, Presidents have gradually surrounded

themselves with many layers of staff, who were eventually organized into the Executive
Office of the President of the United States. Within the Executive Office, the President's
innermost layer of aides (and their assistants) are located in the White House Office.

British Monarch

Appointment of the Prime Minister

Whenever necessary, the Monarch is responsible for appointing a new Prime Minister (who
by convention appoints and may dismiss every other Minister of the Crown, and thereby
constitutes and controls the government). In accordance with unwritten constitutional
conventions, the Sovereign must appoint an individual who commands the support of the
House of Commons, usually the leader of the party or coalition that has a majority in that
House. The Prime Minister takes office by attending the Monarch in private audience, and
after "kissing hands" that appointment is immediately effective without any other formality
or instrument.

In a hung parliament where no party or coalition holds a majority, the monarch has an
increased degree of latitude in choosing the individual likely to command the most support,
though it would usually be the leader of the largest party.

The Royal Prerogative includes the powers to appoint and dismiss ministers, regulate the civil
service, issue passports, declare war, make peace, direct the actions of the military, and negotiate
and ratify treaties, alliances, and international agreements. However, a treaty cannot alter the
domestic laws of the United Kingdom; an Act of Parliament is necessary in such cases. The
monarch is commander-in-chief of the Armed Forces (the Royal Navy, the British Army,
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and the Royal Air Force), accredits British High Commissioners and ambassadors, and
receives diplomats from foreign states.

The monarch has a similar relationship with the devolved governments of Scotland, Wales,
and Northern Ireland. The Sovereign appoints the First Minister of Scotland on the
nomination of the Scottish Parliament, and the First Minister of Wales on the nomination of
the National Assembly for Wales. In Scottish matters, the Sovereign acts on the advice of the
Scottish Government. However, as devolution is more limited in Wales, in Welsh matters the
Sovereign acts on the advice of the Prime Minister and Cabinet of the United Kingdom. The
Sovereign can veto any law passed by the Northern Ireland Assembly, if it is deemed
unconstitutional by the Secretary of State for Northern Ireland.

The monarch is the "fount of honour", the source of all honours and dignities in the United
Kingdom. The Crown creates all peerages, appoints members of the orders of chivalry, grants
knighthoods and awards other honours. Although peerages and most other honours are granted on
the advice of the Prime Minister, some honours are within the personal gift of the Sovereign, and
are not granted on ministerial advice. The monarch alone appoints members of the Order of the
Garter, the Order of the Thistle, the Royal Victorian Order and the Order of Merit.
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Comparison of the Ceremonial Roles

American President

As head of state, the president can fulfill traditions established by previous presidents.

The President of the United States has served as the honorary president of the Boy Scouts of
America since the founding of the organization.

Other presidential traditions are associated with American holidays.

Presidential traditions also involve the president's role as head of government. Many outgoing
presidents traditionally give advice to their successor during the presidential transition.

During a state visit by a foreign head of state, the president typically hosts a State Arrival
Ceremony held on the South Lawn. This is followed by a state dinner given by the president
which is held in the State Dining Room later in the evening.

The modern presidency holds the president as one of the nation's premier celebrities.

British Monarch

The monarch and his or her immediate family undertake various official, ceremonial, diplomatic
and representational duties. As the monarchy is constitutional, the monarch is limited to non-
partisan functions such as bestowing honours and appointing the Prime Minister. The monarch is,
by tradition, commander-in-chief of the British Armed Forces. Though the ultimate formal
executive authority over the government of the United Kingdom is still by and through the
monarch's royal prerogative, these powers may only be used according to laws enacted in
Parliament and, in practice, within the constraints of convention and precedent.
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Conclusion

The above range of responsibilities would suggest that the Office of Head of State is a very
important one as these duties are vital to maintaining the nation’s political unity and
guaranteeing the constitutional powers. But the significance of the Office is far greater than
that and can in no way be combined with the responsibilities of any other high office or
function. One of the paramount functions of the Office is to influence political thought and
institutional direction in the national interest.

In this regard the President serves as a mediator in times of national crisis and should be
instrumental in preparing the nation to co-operate with the government’s policies and
programmes. This leaves no room for the Head of State to be regarded as a ‘rubber stamp’
because his sphere of influence has far reaching implications.

Another important aspect of the Office is the fact that the Head of State being independent of
political parties, represents the nation as a whole. This neutrality is crucial to the integrity of
the Office and can be a sensitive issue at the community level of service.

On the other hand, the monarchy has adapted by modifying some old rules to follow the
evolution of the society. The British are attached to the monarchy but during the different crises,
the monarchy had to do some compromises to answer to the expectations of the people.

On a political scale, the Monarchy has adapted by different ways. The biggest modification is the
reform of the line of succession to the throne. However, the crowning stays very traditional with
the exceptions of the camera. The etiquette is also very strict. The government, and mainly the
Prime Minister, has the major part of the political power. The Queen is, now, more a symbol than
a real governor. On the Commonwealth Realm, the Queen is also more a symbol than the real
head of the States. It is the government of each state which really governs.

Moreover the British Monarchy, by giving their profits from the crown estates to the
governments, has become essential to the British economy. What’s more, in 1992, the Queen
has known how to face the British discontent, by paying taxes. Moreover it is essential for the
tourism economy. But even if the cost of the monarchy has decreased, the British legislators
think that it is not enough and want the Queen to reduce her expenses.

By adapting, the monarchy has lost power. Nowadays, it is more a political, an economic and a
media symbol. Nevertheless, some wonder if the monarchy can survive without the Queen.
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Indeed, she is very popular and she remains attached to the religious dimension of her crown
and to her sense of duty. While her son, the first on the line of the succession, is not as
popular and loved as her. Elizabeth II does not plan on abdicating or taking her retirement
before her death. However, the monarchy keeps some old traditions and is maybe the less
modern of the European Monarchies contrary to Monaco or Denmark.
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References

1. John Cannon & Ralph Griffiths, The Oxford Illustrated History of the British Monarchy
(Oxford Illustrated Histories), Published by Oxford University Press (1988)
2. Mike Ashley, The Mammoth Book of British Kings & Queens: The Complete
Biographical Encyclopedia of the Kings and Queens of Britain (The Mammoth Book
Series), Published by Carroll & Graf Publishers (1997)

Bibliography

http://thecommonwealth.org/Internal/150757/head_of_the_commonwealth
http://www.royal.gov.uk/MonarchUK/QueenandGovernment/QueenandPrimeMiniste
r.aspx
http://www.royal.gov.uk/MonarchUK/QueenandChurch/QueenandtheChurchofEngla
nd.aspx

https://web.archive.org/web/20090417112432/http://www.churchofscotland.org.uk/or
ganisation/orgqueen.htm

https://lasentinel.net/The-Most-Powerful-Man-in-the-World-is-a-Black-Man.html
http://www.archives.gov/exhibits/charters/constitution_transcript.html
https://www.whitehouse.gov/1600/executive-branch