Federal Exeecutive Power

Question 1

Inherent Presidential Power

Answer 1

1. Congressional Support: maximum power relying on Constitutionally enumerated powers, and the extent to which Congress may also grant powers
2. Constitutional Support: without Congressional boost, but still able to rely on Constitutionally enumerated powers
3. Lack of Congressional Support: Constitutional powers, but further limited by restraints placed by Congress

Question 2

Executive Privilege: Defined

Answer 2

Doctrine that to effectively carry out the duties of presidency, the president should be able to keep documents, conversations, and other details confidential

Question 3

Executive Privilege: Weight of Interests

Answer 3

When a substantial constitutional interest outweighs the interest of executive privilege, the information shall be reached (in a manner that is reasonable under the circumstances)

Question 4

Executive Privilege: Deference to Confidentiality

Answer 4

Confidentiality regarding the military and diplomatic affairs has been affording higher deference than general assertions of privacy regarding affairs

Question 5

Delegation: Requirements

Answer 5

Requires an “intelligible principle” to guide the delegee’s exercise of authority

Generally consists of (1) a general policy or purpose to carry out, and (2) boundaries of that authority

Question 6

Major Questions Doctrine

Answer 6

An agency may act on a major question of political or economic significance only if there is clear direction from congress

Question 7

Presidential Immunity: Official v. Unofficial Acts

Answer 7

Immunity from any official acts of office; but subject to civil and criminal suits based upon personal conduct as the President is not to be deemed “above the law”