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Question 1

What influenced the framers when they created an executive I.e. the president?

Answer 1

Well

Question 2

Framers were enlightenment thinkers

Answer 2

Willing to learn from experience, test theories, change them based on new evidence.

Question 3

Emergency power

Answer 3

Essentially synonymous with national security power

Question 4

Ultimate challenge is to define presidential power in a way that

Answer 4

Gives the president enough power to carry out responsibilities of office but also sets limits (faithful to framers constitution intent and rule of law)

Question 5

Rule of law

Answer 5

The authority and influence of law in society, especially when viewed as a constraint on individual and institutional behavior; the principle whereby all members of a society are considered equally subject to publicly disclosed legal codes and processes.

Question 6

Louis Fisher

Answer 6

Implied unilateral power to repel sudden attacks, he says this highly limited power requires retroactive congressional approval. Lincoln as model

Question 7

Yoo disagrees with fisher

Answer 7

Says the framers meant to give the president “plenary” or complete constitutional power to take any military actions needed to defend the nation

Question 8

Yoo

Answer 8

• Actions are not limited to defending sudden attacks
• President can authorize any action they believe necessary to defend the nation
• Congress cannot limit this authority under constitution he believes

Question 9

Yoos approach

Answer 9

The president, rather than congress or the courts defines the scope and limits of presidential power

• claims often based in inherent rather than implied powers

Question 10

Yoo etc also vase claims in sole organ doctrine

Answer 10

Theory that President exercises “plenary and exclusive power in the field of international relations”

Question 11

A lot of presidential power is governed by norms

Answer 11

Not by written law

Question 12

Statutory authorization

Answer 12

Congress can authorize the president to act in advance

Question 13

Influences on framers

Answer 13

• European philosophers: Locke, Montesquieu, Black Stone
• British history: tradition of individual rights, limits on executive power dating back to magma carta
• framers recent history: the revolution, state constitutions as practical experiments and articles of confederation