The position of President is established in the constitution as per Article 56(1), stating that he shall hold office for a five-year term. The president is not a member of either the house of parliament or the legislature of a state. The office is not a member of the judicial or executive branch. It is held by a person who is the head of state and holds no other official position in the government. It is the highest office in the country.
Article 56(1) of the constitution provides that the president shall hold office for a term of five years
The presidency is held by the President of the Republic. He/she shall be elected by the people, through the National Electoral Council. He/she shall be sworn into office on the 24th of May of the year in which he/she was elected. However, the president can be declared disabled and the Vice-President of the Republic may be elected from the shortlist proposed by the President.
In order to recall a president, a majority of registered voters must approve the recall. At least ten percent of the electors must support the recall, but not more than fifteen percent. Once a petition for recall has been made, the National Electoral Council must call a plebiscite or referendum on the question within 15 days. The president of the Senate shall appoint a vice president from the list of five candidates.
The office is not a member of either house of the parliament or of the legislature of any state
A clerk is the person who assists the officers of a legislative body, such as a senator and the chief executive officer. The office is not a member of either house of parliament or of the legislature of any state. The rules and procedures of the two houses are different. A committee chair determines questions of order and procedure. A Senate clerk is designated in Section 2 of Article III of the State Constitution to assist the officers, members, and staff of the Senate.
The Legislature divides the state into legislative districts, with representatives elected to each. During a regular session, each chamber elects a majority of its members, and the majority of senators represent the minority party. The senate is divided into three classes. The seats of senators expire after two years, four years, and six years. Every two years, one-third of the seats are chosen. During a session, vacancies may occur due to resignations, election losses, and other reasons. If no one fills a vacancy, the executive branch can appoint a temporary member until the next meeting.
The office is not a member of the executive branch
The Executive Branch of the United States government is composed of the president, his Cabinet, and independent agencies. Its powers and responsibilities are vastly divergent and vary with its role within the government. Independent federal agencies include the Federal Reserve Board, the Securities and Exchange Commission, and the Environmental Protection Agency. The Executive Branch is also responsible for more than four million Americans’ jobs. It also appoints the heads of over 50 federal commissions.
The office is not a member of the judicial branch
Judges are not allowed to use the prestige of their judicial office in fundraising activities, unless they are listed as an officer, director, or trustee of a nonprofit organization. While judges are prohibited from fundraising activities, they can list their judicial designation on regular letterhead. In such cases, they must include the judge’s name and judicial designation. There are some exceptions. For example, judges cannot fundraise for nonprofit organizations by using their own judicial designation.
The judicial branch is a co-equal branch of government, and is responsible for deciding the meaning and application of the Constitution. Among its branches, the U.S. Supreme Court is the highest court in the United States, and is comprised of nine judges appointed by the President. There, judges decide on cases that have been through the court system and have been decided by lower courts.
The office is immune from judicial action for unconstitutional, mala fides activities
Under UAPA, the president and cabinet are immune from lawsuits, even when they commit unconstitutional acts. That immunity comes with a requirement of proof of mala fides. Justice Ginsburg found that the action taken by the Cabinet constituted a “dubious and politically motivated judicial decision.”
In addition, the government cannot discriminate against its own citizens unless the government has a clear intent to do so. Mala fides can be inferred from overt acts. In Trinidad and Tobago, the constitution provides for equal treatment for all citizens. However, if the government’s official has a manifest interest in favor of discrimination, they cannot be sued.
The office is a virtual puppet of the armed forces or of powerful economic interests
Jonathan Powell, Blair’s chief of staff, is a good example of a weak prime minister. Despite the promise to reinstate cabinet government, these leaders are incapable of determining the agenda on their own. They are mere pawns of powerful economic interests and armed forces. This explains why the office is a virtual puppet of the latter. He has a long list of unfinished business, which he will be happy to complete, if he ever has the chance.