*Separation of Powers/Presidential Powers-Domestic Matters

Question 1

Views of Presidential Power:

Answer 1

a) restrictive: no inherent pres power: may only act if express con’l/statutory authority (Black’s majority opinion)
b) inherent authority unless it interferes with powers/functions of another branch
c) may exercise powers not in Con, so long as Pres doesn’t violate Con/statute (Jackson conc)
d) broad: inherent powers that may not be restricted by Congress; may act unless Con is violated

Question 2

Youngstown Test

Answer 2

Exec. power categories (Jackson Conc.):
i) Congress delegates power to Exec–>Exec. power at maximum authority

ii) Exec acts in express opposition to congressional statute–>power at lowest ebb (but Congress can’t restrict Exec’s explicit powers)
iii) Zone of twilight: concurrent power: Congress has neither explicitly allowed/denied Pres authority account other factors: “imperatives of events and contemporary imponderables rather than abstract theories of law”

Question 3

Dames & Moore:

Answer 3

Zone of Twilight: If pres has been doing something for a long time and Congress hasn’t objected, Court gives extreme deference (past acquiescence by Congress makes a dif)

Question 4

Youngstown

Answer 4

b) F: Korean War, Pres issued order (like legislation) to take possession/operate steel mills because of production stoppages (labor disputes)–>not w/in Exec power to make law even if in promotion of explicit power

i) Truman’s arguments:
1) CnC express power = inherent power to ensure steel for war effort–>Court: cannot legislate, can only command military in line with the law;
2) Emergency power (implied power that isn’t connected with any one explicit power; Exec = efficient);
3) Executive Power = broad implied powers