Presidential Authority Under Article II Flashcards
Executive Power (Definition)
The executive power is vested in the president and such other executive branch officers to whom those powers are delegated. It is within the presidents power to appoint ambassadors, judges, and officers of the United States with the advice and consent of the senate.
Presidential power is analyzed based on whether the exercise of power is in domestic affairs or as commander in chief of the military.
Whether the President Can Act in Domestic Affairs Not Expressly Authorized
Where the president acts with the express or implied authority of Congress, his authority is at a maximum and his actions are valid; where congress is silent, the president can act if he or she does not take over the powers of another branch or prevent another branch from carrying out its tasks; where the president acts against the express will of Congress, his actions are invalid.
Executive Order (Rule)
A validly issued executive order does pre-empt state law if the state law would be pre-empted under general pre-emption principals applicable to federal statutes.
Executive Military Powers
As commander in chief, the President may act militarily without a Congressional declaration of war. The President’s authority in foreign affairs is paramount. Just distinguish between actual foreign affairs and military matters, as opposed to acts involving domestic affairs taken during times of conflict.
