Presidential & War Powers

Question 1

Presidential Powers

Answer 1

Art II Sec. 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows.

Question 2

Youngstown Facts

Answer 2

Finding that national steel mill strike would jeopardize national defense, the President issued an Executive Order directing the Secretary of Commerce to seize most of the country’s steel mills in order to keep them operating.

Question 3

Youngstown Issue

Answer 3

Whether President Truman was acting within his constitutional power when he issued an order directing the Secretary of the Commerce (Sawyer) to take possession of and operate most of the Nation’s steel mills.

Question 4

Jackson’s 3 zones from Youngstown

Answer 4

1. When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum (apex), for it includes all that he possesses in his own right plus all that Congress can delegate.
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. Here, any actual test of power is likely to depend on the imperatives of events and contemporary imponderables rather than on abstract theories of law.
3. When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his constitutional powers minus any constitutional powers of Congress over the matter.

Question 5

Congress War Powers

Answer 5

To provide for the common defense. Art I, sec 8 cl1.
To raise and support armies (cl 12) and to provide and maintain a navy (cl 13). Art I, Sec. 8
To make Rules for the Govt and Regulation of the land and navel forces. Art I, sec 8, cl 14
To declare war; Art. 1, Sec. 8, Cl. 11
To grant letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water
To define and punish Piracies and Felonies committed on the high seas
to make all laws which shall be necessary and proper

Question 6

President’s War Powers

Answer 6

The Constitution confers on the President the executive power.
Imposes on him the duty to take Care that the laws be faithfully executed.
It makes him the Commander in Chief of the Army & Navy
And empowers him to appoint and commission officers of the Unites states.
Article II