Pg 16 Flashcards
What are the different powers involved in executive lawmaking?
– Limited domestic lawmaking powers
– veto power
– signing power
How does the executive power come with some limited domestic lawmaking powers?
The legislative power is vested in Congress, but the president can recommend legislation and has veto power. He can also issue executive orders and proclamations
What happened in the Youngstown steel mills cases regarding domestic lawmaking power for the president?
Truman seized some steel mills to prevent strikes and this was held to be an unconstitutional seizure. The court rejected the executive domestic lawmaking power of the president in that case saying that the president can only make sure that laws are faithfully executed because he is the chief enforcer, he cannot make the laws. The power to seize is for lawmakers to decide.
Jackson’s concurring opinion: he suggested in situations when a presidential action might be challenged, the court should use different standards to evaluate the legality of action for each. He said the president’s powers are not fixed, but fluctuate depending on their disjunction or conjunction with Congress. He gave some penumbras of Power
What are the three penumbras of presidential power that Jackson’s concurring opinion in the Youngstown steel mills case gave?
– if the president acts with express or implied AUTHORITY from Congress: that is max authority and is the strongest presumption that has the whitest latitude of judicial interpretation. If this action is ruled unconstitutional, it means it fell outside of the enumerated power of the federal government as a whole
- if the president acts in the ABSENCE of congressional authority: he is relying on his independent powers. This is a twilight zone of possible concurrent authority and it depends on actual events and circumstances
– if the president acts INCOMPATIBLY with the express or implied will of Congress: his power is at its lowest and he can only rely on his own constitutional powers. To uphold presidential action here means to disable Congress from acting on the subject and to rule that the matter is wholly in the executive’s authority
How can you override the president’s veto power?
This can be overridden with a 2/3 vote of both houses
What does it mean for the president to have signing power?
Congress passes legislation through Congress and the Senate, and the president must sign the bill to pass it into law. He could also veto it, or leave it and it would become law
What is executive impoundment?
Withholding or delaying spending congressionally appropriated funds. Article 1 vests the power of the purse in Congress, but the president claims the prerogative of impoundment.
The 1974 impoundment control act requires congress’ approval or failure to disapprove of the president’s impoundments
How does delegation work with regard to the president?
Congress can delegate as much power as it wants to the executive branch if it gives them some intelligible principle to carry out the task. Basic policy choices are for Congress to make and the executive branch to enforce
What is the non-delegation doctrine?
“That which has been delegated cannot be re-delegated.“
Ie: US sentencing commission: this was created by Congress, and delegated power to promulgate binding sentencing guidelines for courts. The doctrine was not violated when Congress set an intelligible principle that people exercising delegated authority had to conform to
What is a legislative veto?
This helps Congress preserve executive accountability by enacting legislation with broad delegation of power to the executive, but Congress can review and veto executive actions.
What is presentment and presidential veto?
This requires that all legislation be presented to the president who can nullify the legislation by veto. It is an important check and balance for runaway Congress and is meant to guard against stupid laws, although 2/3 of both houses can override it. The veto happens before the bill becomes law and then the entire bill is returned
What is bicameralism?
This assures that legislation will not be enacted unless it is carefully and fully considered and consented to by both houses of Congress [Congress and Senate]
What happened in the Chadha case that relates to bicameralism?
An Indian had overstayed his visa and got a suspension of deportation order from the attorney general, but one house vetoed this and ordered deportation. The supreme court said the veto was unconstitutional because it violated presentment and bicameralism, so the attorney general’s suspension order remained effective
Where are areas of the constitution where one house can act alone?
Impeachment, approving treaties, approving presidential appointments
What is a line item veto?
When the president has power to veto some parts of legislation presented by Congress but leave other parts and let them become law. This essentially lets the present pick and choose what becomes law.
The Supreme court has said that the president cannot use this because it gives him the power to appeal and amend legislation on his own, which is a violation of the separation of powers and allows the executive to have lawmaking powers.This is held to be unconstitutional because it violates the presentment clause
