Exec Power + Appts Flashcards
Section 1 of Article 2 ___
vests executive power in the Pres
Section 2 of Article 2 ___
specifies, limits, and describes certain Pres powers
Section 3 of Article 2 ___
further describes exec powers and duties
Section 4 of Article 2 ___
subjects Pres to impeachment
Exec power is a ___ unlike Leg power which is a ___
thing, collection of things
Exec power is not _____ like leg power and not _____ like judicial power
enumerated, demarcated (cases and controversies)
Locke says that exec power is power to act with ____
discretion for the public good without prescription of the law and sometimes against it
Locke thought that expansive pres prerogative power ____
can’t be done away with completely because leg can’t move fast enough all the time
King had ___ power but Pres gets _____ power
sovereign, narrow slice of sovereign
Royal prerogative allowed for ___
levy taxes, warmaking, making and unmaking laws, treaties
Parliament over time tried to ______ royal prerogative especially ___
whittle down, leg and judicial
English history influenced the Consti because Pres given power to ___ but not to ____ through the ___ Clause
pardon, suspend/dispense, Take Care
What is a proclamation
formal public announcement made by the govt
Today proclamations are called ___
executive orders
____ tried to make law via proclamations
James I
What are four themes of the exec branch
energy (Fed 70), independence (from Cong. unlike Parliament), one exec (not a council), law executing not making powers
Fed 70 says exec prerogative powers are ____
needed for vigorous leadership, especially in times of war
Fed 70 defines energy as ____
unity, adequate provision for support, duration, competent powers
Fed 70 says if multiple people in exec it is ___
hard to know who to blame
Fed 70 says unlike in the leg branch exec slowdown ___
doesn’t serve a purpose and weakens execution
What are the two theories of exec power
Execution of Laws, Forceful Law of the Nation (Ham)
Execution of the laws is a ___ view resting ___
narrower, Take Care Clause
Ham thinks execution of the laws is too ____
narrow to describe Exec power
The first theory of exec power views it as ___
just power to execute the law with add ons (CiC)
Execution of laws theorists think Framers would be reluctant to __
vest Pres with anything like prerogative power
Execution of law people acknowledge that ___ but say that ___
pres has different powers (removal), limited
Forceful law of the nation theory that exec power is __
all action of govt in Pres hands (subjects to limits/modifications Sections 2-4_
FLNT thinks that if exec power merely law enforcing then ____
take care clause is redundant
FLNT says Article II describes ___
other powers beyond law executing (CiC)
FLNT says ____ exec power seems to stand on its own
structurally
FLNT –> Though some pres powers limited some are ___
so distinctly Pres that Cong. can’t limit it (prerogative in that they resist Cong. control)
FLNT says Take Care is a ___ not a ___ though it ___
duty, power, may imply power
FLNT says TK Clause is intend to ___ the Pres not ___
constrain, empower
FLNT says if law executing power defines Pres it seems weird that ___
odd that it is listed so late in Article 2 (section 3, clause 5)
FLNT says that President doesn’t have foreign affairs ____ but that he has ___
power (not in Const), executive power that is the force of the nation
Cong. can regulate some appts by giving power to ____
Pres alone, taking away Pres/Senate powers and giving power to heads of dept or courts
Fed 76 says sometimes one _____
man of discernment better, not distracted by diversity of views in a collective body
Fed 76 wants __ over ___
merit, partisanship
Fed 76 thinks giving appt power to leg body would ___
lead to capture by special interests
Fed 76 thinks giving Pres power ____ and Senate operates as ___
(not absolute) helps harness advantages without abuse, check on favoritism
Fed 76 says even if Senate says no to one nominee, ___
pres nominates another so still his preference
Counterargument to Fed 76 about nominee will ultimately be Pres preference
McConnel blocking Garland ensured Pres didn’t have any preference of nominees
What is difference between superior and inferior officers in appointments clause
Cong. can only regulate inferior officers
What are two tests for superior vs. inferior
Morrison test of importance, Edmund test of supervision and control
Morrison test of importance
Inferior if= removable by higher Exec official + empowered only to perform certain limited duties + office limited in Jdx and tenure
Morrison test of performance allows for ___
interbranch appts
Morrison Scalia dissent says not the ____ that matters but the __-
significance of the body, officer’s place in it
Morrison Scalia dissent says that ambassador to Lux not __
less than a principal officer just because a small country
Morrison Scalia says that if allowed then ___
Cong can just fragment offices until they have power over all
Morrison Scalia says dividing AG responsibilites into a bunch of lessor functions ____
deprives Pres of power to appoint his chief law enforcement officer
What is Edmund test of supervision and control
whether they have superior nominated by Pres and confirmed by Senate
Edmund relationship to Morrison
not overruling so two tests now?
Buckley holding
any appointee with significant authority pursuant to laws of US is superior –> FEC Senate and House nominees uncon
Buckley says that Cong can ___
give nomination power to something else but not itself
Buckley test for superior officer
importance of position + whether person exercises significant discretion + whether exercises sovereign authority of US
Buckley says that pathways to power ___
laid out in Consti which clearly enumerates powers of appt
Court says Buckley method only constitutional if ___
Consti mere statement of principles and not binding on Govt (but marbury and other cases rejected this approach)
There is much up for debate still with appointments but at least __
heads of agencies that control people are principal officers
