Discretion in Decision Making

Executive discretion, like that vested in the president by Article II of the U.S. Constitution, is most evident in the area of foreign affairs: the

Judges' discretion in decision making has been reduced by federal sentencing guidelines, but they still enjoy some latitude as they sentence those found guilty of crimes.
AP/WIDE WORLD PHOTOS

president is the commander in chief of all the military forces and also has the power to make treaties with other countries. If Congress is silent on a particular issue—that is, if Congress has not passed a specific statute or resolution concerning that issue—then the president has broad discretion to act. This arrangement is particularly relevant in the area of foreign policy during war or other military action, when decisions must be made quickly in response to rapidly changing circumstances.

One improper exercise of executive discretion that is almost always reversed by reviewing courts is IMPOUNDMENT, whereby a president places in reserve a sum of money appropriated by Congress for a particular purpose, effectively blocking that appropriation. Courts have routinely held that the president has no implied power to take such action. Implied powers are those held by the president but not granted expressly by statute, regulation, or constitution. The act of impoundment, then, constitutes an abuse of discretion by the executive branch.