Presidential Powers Flashcards
How to evaluate whether the President has the power to do whatever they did
What has Congress said:
1. look at statutes in the field: what have other statutes written by Congress authorize?
2. custom/acquiescence: Has Congress allowed the President to do this sort of thing in the past?
3. Other/Constitutional Structure: Can the action be fairly categorized within the Presidents enumerated powers? (faithfully execute, raise army, ect.)
Youngstown, Dames &Moore, Medellin
Congress has said yes (delegated power)
President gets access to all of Congress power (always short of express lawmaking) Most power.
Congress is Silent on the power
president gets about 2/3 of the power congress would have. cannot undertake express lawmaking but can do more than what is in their power only
if congress has said no
Highest limit on presidential power- President only has access to their constiutional powers. Nothing has been delegated from congress.
Youngstown v. Sawyer
Steel Seizure
President may NOT take over private property. That is an exclusive power in Congress which must go through the due process clause. Analysis:
1. Congress has rejected this method of stopping labor strikes
2. congress has “spoken” on this issue in that they have picked a different method of resolving labor strikes.
Dames & Moore v. Regan
Iran executive agreement
upheld presidential executive order to implement an executive agreement; terminated all litigation and forced arbitration.
Analysis:
1. Congress has themselves written a law allowing for claims settlements in the past (international claims settlement act of 1949)
2. Silent on chosen forum; court says it is capable of providing meaningful relief.
Medellin v. Texas
Invalidated executive order trying to implement VCCR. Treaties are only binding law when they have been adopted domestically by congress. The president may not unilaterially bind the entire country.
President may NOT undertake express lawmaking.
Presidents exclusive power
executive functions, commander and chief, take care that the laws are faithfully executed, foreign affairs where “one does it better”
