722885
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Mapa Mental por ditzymuffin, actualizado hace más de 1 año
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Creado por ditzymuffin
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Article II of the Constitution defines
pwrs of the President and the
Executive Branch
- A. Foreign Policy
- a. Presidential power comes
from 2 sources:
- i. An Act of
Congress
- ii. Another provision
in the Constitution
- i. An Act of
Congress
- b. President can exercise
legislative powers in the
following circumstances:
- i. Recommend legislation
- ii. Veto legislation
- iii. If Congress
delegates legislative
power
- i. Recommend legislation
- c. President possesses inherent
powers that are not enumerated
(e.g. power to act in an
emergency like wartime)
- i. President must be allowed some
flexibility and he has Necessary and
Proper Clause powers. If Congress
had been silent in Youngstown it
would have been alright
- 1. i.e. Dames v. Reagan (Iranian
Hostage Crisis) – The court ruled that
there can be implied delegation if
Congress has not objected to the
Executive’s exercise of legislative power.
If Congress is silent, Congressional
agreement will be implied or presumed.
- 1. i.e. Dames v. Reagan (Iranian
Hostage Crisis) – The court ruled that
there can be implied delegation if
Congress has not objected to the
Executive’s exercise of legislative power.
If Congress is silent, Congressional
agreement will be implied or presumed.
- i. President must be allowed some
flexibility and he has Necessary and
Proper Clause powers. If Congress
had been silent in Youngstown it
would have been alright
- d. Framework for determining
when the President can act:
- i. Delegation of an
articulable principle
- 1. Highest Degree of Presidential
Authority: when the President acts
pursuant to an express or implied
authorization of Congress (Had Truman
seized the mills pursuant to an act of
Congress, the Court would give it
greater latitude)
- 1. Highest Degree of Presidential
Authority: when the President acts
pursuant to an express or implied
authorization of Congress (Had Truman
seized the mills pursuant to an act of
Congress, the Court would give it
greater latitude)
- ii. President has
implied and inherent
powers → There is no
delegation or
forbearance
- 1. Zone of Twilight: when the President
acts in absence of either a
Congressional grant or denial of
authority, he can rely only upon his own
inherent powers, but there is a zone of
twilight where Congress may have
concurrent authority
- 1. Zone of Twilight: when the President
acts in absence of either a
Congressional grant or denial of
authority, he can rely only upon his own
inherent powers, but there is a zone of
twilight where Congress may have
concurrent authority
- iii. Enumerated
powers in Article II
- 1. Lowest ebb of Presidential power: when the
President acts in a way that contradicts the
expressed or implied will of Congress.
(Youngstown) Now he can only rely on his own
constitutional powers minus any constitutional
powers of Congress over the matter. This kind of
Presidential power must be scrutinized because he
has disturbed the separation of powers.
- 1. Lowest ebb of Presidential power: when the
President acts in a way that contradicts the
expressed or implied will of Congress.
(Youngstown) Now he can only rely on his own
constitutional powers minus any constitutional
powers of Congress over the matter. This kind of
Presidential power must be scrutinized because he
has disturbed the separation of powers.
- i. Delegation of an
articulable principle
- e. Treaties
- i. A treaty is an agreement between the
US and another country, negotiated by
the President and is ratified by the
Senate
- ii. State laws that conflict with
treaties are invalid
- iii. If there is a conflict
between a treaty and a federal
statute, the one adopted last
in time controls
- iv. Treaties are invalid if they
conflict with the Constitution
- i. A treaty is an agreement between the
US and another country, negotiated by
the President and is ratified by the
Senate
- f. Executive Agreements
- i. An executive agreement is an
agreement between the United States
and a foreign country that is effected
when signed by the President and the
foreign nation
- ii. If titled an Executive
Agreement then it requires no
Senate approval
- iii. These may be used for any
purpose
- iv. If there’s a conflict between an executive
agreement and a state law, the executive
agreement prevails, while if there is a conflict with
an existing federal statute, then the executive
agreement is invalidated
- i. An executive agreement is an
agreement between the United States
and a foreign country that is effected
when signed by the President and the
foreign nation
- g. President has broad powers as
Commander in Chief to use American
troops in foreign countries
- i. Never has President’s use of
troops in a foreign country been
found to be unconstitutional
- i. Never has President’s use of
troops in a foreign country been
found to be unconstitutional
- a. Presidential power comes
from 2 sources:
- B. Domestic Affairs
- a. The president does not have the
constitutional power to change a bill of
Congress after it has been passed. After he
gets the bill he can either sign it or veto it, and
that is it. (Clinton v. New York)
- b. Bicameralism and
Presentment
- i. Legislative acts that alter the
rights, duties, and obligations of
individuals outside the legislative
branch require bicameralism and
presentment to the president
- ii. Any legislative acts that affect
only the internal workings does
not require bicameralism and
presentment
- iii. The bicameralism and
presentment clauses apply only to
Congress and act as a check on their
power
- i. Legislative acts that alter the
rights, duties, and obligations of
individuals outside the legislative
branch require bicameralism and
presentment to the president
- c. Appointment
- i. Who may possess
appointment power?
- ii. The President alone appoints
ambassadors, federal judges and
superior officers of the United States, and
the Senate must confirm these
nominations
- iii. Congress may vest the
appointment of inferior officers in
the President, in the heads of
departments, or in the lower federal
courts
- 1. An inferior officer is one
who can be fired by an
officer of the United States
- 1. An inferior officer is one
who can be fired by an
officer of the United States
- iv. Congress cannot give itself or
its members the power to appoint
executive officers
- i. Who may possess
appointment power?
- d. Morrison Test for
determining Domestic
Separation of Powers:
- i. Look at the text of the
Constitution
- 1. Has one branch exercised power
which the constitution has expressly
given to another branch? (if the text
resolves it then it is obviously
constitutional)
- 1. Has one branch exercised power
which the constitution has expressly
given to another branch? (if the text
resolves it then it is obviously
constitutional)
- ii. Acting inappropriately
(from the viewpoint of the
branch seizing power)
- iii. Impermissible interference with one
branch’s ability to do its job (from the
viewpoint of the branch losing power)
- i. Look at the text of the
Constitution
- e. Removal Power
- i. Unless removal is limited by a
federal statute, the President
may fire any Executive Branch
official
- ii. Congress, by statute, may limit
removal, but only if both of 2
requirements are met:
- 2. Statute cannot prohibit removal,
but it may limit removal for where
there’s good cause
- 1. Must be an office where
independence from the
President is desirable
- a. i.e. Congress cannot remove a member of
the President’s cabinet, but it could remove a
special prosecutor
- a. i.e. Congress cannot remove a member of
the President’s cabinet, but it could remove a
special prosecutor
- 2. Statute cannot prohibit removal,
but it may limit removal for where
there’s good cause
- i. Unless removal is limited by a
federal statute, the President
may fire any Executive Branch
official
- a. The president does not have the
constitutional power to change a bill of
Congress after it has been passed. After he
gets the bill he can either sign it or veto it, and
that is it. (Clinton v. New York)
- Domestic Affairs
- f. Presidential
Immunity
- i. President has absolute immunity (he
cannot be sued) to civil suits for money
damages for anything done while carrying
out the Presidency
- ii. President has no immunity
for acts that allegedly occurred
prior to taking office
- iii. The immunity from
damages extends only to when
he is acting in his official
capacity, and within the scope
of his duties
- iv. Executive privilege protects
presidential papers and
conversations, but such privilege
must yield when there is an
overriding need for the information
- v. Balancing test:
- 1. Balance the need for the information
against the need for the privilege
- a. In Nixon, the need for the information
was at its highest or else it might interfere
with the judiciary branch
- b. If the information involved national
security then the need for the privilege
would be at its highest and there would be
no disclosure
- c. A general claim for executive
privilege will not outweigh the needs of
the fair administration of criminal
justice.
- a. In Nixon, the need for the information
was at its highest or else it might interfere
with the judiciary branch
- 1. Balance the need for the information
against the need for the privilege
- i. President has absolute immunity (he
cannot be sued) to civil suits for money
damages for anything done while carrying
out the Presidency
- f. Presidential
Immunity
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