Sources of Executive Power! Flashcards
Where does the Executive Branch draw its power from?
Art II-
“The executive power shall be vested in a President of the US”
a. Hamilton→because the Art. says vested and not herein the President has authority over everything (executive in nature)
b. Madison→Language only used to signify single president and not multiple and this limits his power to only that enumerated
What happened in Youngstown v. Sawyer?
Truman has Secretary of Commerce seize the steel mills no statute authorizing this
• Blacks Majority: The president may act only pursuant to express or clearly implied statutory or constitutional authority (must stem from act of Congress or Constitution itself)→No right to seize property
**JACKSON CONCURRENCE IS MOST IMPORTANT
What is Jackson’s Zone 1?
➢ ZONE 1: When the President acts pursuant to an express or implied authorization of Congress, his authority is at a maximum (it includes all that he possesses in his own right plus all that Congress can delegate)
Presumption of Constitutionality
What is Jackson’s Zone 2?
ZONE 2: When the Prez. 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, or in which its distribution is uncertain
o Impossible to formulate general rules as to the constitutionality of actions in this area (take cases on an ad hoc basis)
Biggest Difference between Black and Jackson
What is Jackson’s Zone 3?
➢ ZONE 3: When President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb. (bc Prez. Is disobeying a federal law, such presidential actions will be allowed only if the law enacted by Congress is unconstitutional)
