Overview of Executive Power

Question 1

2 Part Anyalysis for Presidental Power

Answer 1

2 Part Analysis
• Formalism= Textual Analysis
• Functionalism= Structural Analysis including SOP

Question 2

Jackson’s Approaches in Youngstown

Answer 2

1. ” When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum” it includes all that he possesses in his own right plus all that Congress can delegate.
   a. When Congress says President can do it + inherent powers = strongest. (All powers/ Appex of authority)
2. “When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority, or in which its distribution is uncertain.”
   a. If zone of twilight in the middle of Congress and Presidential power.
3. “When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb”
   a. Since the President is disobeying a federal law, such presidential actions will be allowed only if the law enacted by Congress is unconstitutional.
   b. If Congress takes away power it has to give, then President has only inherent powers. (Lowest point)

• 1 & 3 step involves situations in which Congress has acted, and thus the issue is the constitutionality of the federal law.
• The 2 step concerns inherent powers- when the President is acting without constitutional or statutory authority.
o Executive privilege, recession of treaties, executive agreements, removal of executive officials from office.