Presidential Powers

Question 1

Executive Powers: Domestic Powers–Youngstown

Answer 1

When determining whether the President’s act is within his
Constitutional power, a court must consider the three Youngstown circumstances.

First, if the President acts pursuant to an express or implied authorization of Congress, he is acting within the highest level of authority, and his actions are likely to be deemed valid.

Second, if the President acts when Congress is silent, the President’s acts will be upheld UNLESS he is usurping the power of another branch of the federal government.

Third, the President acts within the lowest level of authority when acting against an express or implied will of Congress, making his actions likely to be deemed invalid.

Question 2

Executive Powers: Treaty and Foreign Affairs Powers

Answer 2

• The President shares treaty powers with Congress. Treaties may be negotiated by the President, but must be ratified by a two-thirds vote of the Senate. However, the President may enter into Executive Agreements (agreements between the President and a head of a foreign country) without Senate approval.
• The President has broad power to control and deploy U.S. troops in foreign countries.