Executive Powers/Separation of Powers

Question 1

Legislative Branch

Answer 1

Makes Law

Question 2

Executive Branch

Answer 2

Enforces Law

Question 3

Judicial Branch

Answer 3

Interprets the law and decides disputes

Question 4

Youngstown Takeaway

Answer 4

Jackson’s Framework

Tier 1, 2, 3

Question 5

Jackson - Tier 1

Answer 5

When congress says that the president can do it, he is acting at the Apex of his power

Question 6

Jackson - Tier 2

Answer 6

When congress is silent, president assumes power in the “zone of twilight.”

Question 7

Jackson - Tier 3

Answer 7

Lowest end of constitutional authority. When President is acting in contravention with congress he is acting at the lowest ebb of his power - he can still act because congress can’t take away Article II Power (i.e. Commander in Chief power)

Question 8

Formalism

Answer 8

Can only use when in the constitution/text

Question 9

Functionalism

Answer 9

Practicality/ maintain separation of powers

Question 10

Problem with Formalism

Answer 10

Override doesn’t satisfy bicameralism

Question 11

Problem with Functionalism

Answer 11

Now the executive is making the law and the legislature is switching roles, therefore they are both intruding too far.

Question 12

Line item veto

Answer 12

Violates the presentment clause Article I Sec. 7 Clause 2

Question 13

Unitary Executive Theory

Answer 13

Execution of the law resides in a single person, and legislative attempt to interfere is a violation of separation of powers

Question 14

Delegation Authority

Answer 14

Still upheld today in the broad sense because the president should be able to do this as a measure of democratic accountability and the experts are in these agencies

Question 15

Formalism: Appointment of Officers of Executive Branch

Answer 15

Must be appointed by POTUS with advise and consent of senate

Question 16

Formalism: Appointment of Inferior Officers

Answer 16

Can be appointed by POTUS, Head of Dept, or Courts (Congress decides this)

Question 17

Vesting authority usually comes from…

Answer 17

The Legislature

Question 18

Office v. Inferior Office

Answer 18

Step 1) Argue the person is actually an officer and not an inferior officer
Step 2) Ask is office or inferior office in the government

Question 19

Functionalist Approach

Answer 19

Is one branch intruding too far upon another? If so, violation of separation of powers.

Question 20

Inferior Officer Factors

Answer 20

1) Can be fired by supervisor for a cause (harder than at will…term of years)
2) Rules (Job Duties) are carefully defined in regulations or law itself creating the office
3) Jurisdiction defined (by attorney general & court) can look into anything having to do with it
4) Time in office is limited. When office finishes investigation, office goes away
* Person has a boss? Inferior office. Someone who answers to POTUS’ right arm

Question 21

Office Factor

Answer 21

POTUS’ Right arm