Direct Authority - Implied Powers Flashcards
What are the different versions of the implied power ‘direct authority’?
-executive orders
-signing statements
-executive agreements
What are executive orders?
-an official order made by pres directly to federal gov
What is the effect of an executive order?
-has the effect of a law
-but easily reversed by next pres unlike real law of Congress
How did Eisenhower use an executive order?
-in 1957 to send federal troops to enforce racial desegregation of central high school in Little Rock, Arkansas
How did Obama use executive orders?
-relied on them after became frustrated with Congress’s resistance to his agenda
-an alternative to legislation e.g. for increasing federal min wage
What are signing statements?
-positive comments on bills
-or argue aspects of bill that are unconstitutional + gov won’t enforce it
How are signing statements used?
-to sign a bill into law but wish to comment on it
How are signing statements controversial?
-used to achieve line-item veto
What is a line-item veto?
-line item veto act passed 1995 by Congress
-allows executive cancel specific parts of bill while signing into law the rest of bill
What is an example of a line-item veto?
-Clinton used veto on Balanced budget act 1997 + two provisions of Taxpayer relief act 1997
When + why was the line item veto act ruled unconstitutional?
-ruled unconstitutional by SC in Clinton v city of New York case 1997
-violated presentment clause of US constitution as gave pres power amend or repeal parts of statutes passed by SC (the highest power)
What is an example of signing statements?
-Trump used this to criticise 2017 bill imposing sanction Russia, Iran + North Korea
-affected his constitutional powers to conduct foreign policy
What are executive agreements?
-made between US + international govs
-signed by ores + dint require senate ratification like formal treaties
What are executive agreements used for?
-to avoid lengthy + unproductive negotiations with senators
-easy to make but also easier remove than ratified treaties + can be abandoned
What is an example of an executive agreement?
-the North American Free Trade Agreement (NAFTA)
-signed 1992 + est free-trade bloc with Canada, US + Mexico
