Structure of Government: Executive Power Flashcards
Youngstown Sheet & Tube Co. v. Sawyer
Facts: During the Korean War, President Truman in order to avoid a strike that would impede the war effort, issued an executive order seizing the mills and operating them under federal direction.
Holding: The President has limited inherent authority. He may have a legislative power in “theaters of war”. The President can act without Congress when it is an emergency and Congress has not negated such action that the President wishes to undertake.
Immigration and Naturalization Service v. Chadha
Facts: Pursuant to the Immigration and Nationality Act, which authorized either House of Congress to invalidate and suspend deportation rulings of the United States Attorney General, the House of Representatives suspended an immigration judge’s deportation ruling regarding Chadha.
Holding: Not constitutional. Where the House takes actions that have the purpose and effect of altering legal rights, duties, or relations of persons outside of the legislative branch, bicameralism and presentment are required.
Morrison v. Olson
Facts: The Ethics in Government Act allows for the appointment of an “Independent Counsel” by a special court, upon the recommendation of the Attorney General. The purpose is to investigate and if necessary, prosecute government officials for certain violations of federal criminal laws.
Holding: There is no inherent incongruity in a court having the power to appoint prosecutorial officers.
United States v. Curtiss-Wright Export Corp.
Facts: Curtiss-Wright, a weapons manufacturer, was convicted of selling arms to warring nations in South America in violation of an Executive Order that was made pursuant to a Joint Resolution of Congress.
Holding: The non-delegation doctrine does not bar Congress from delegating great authority and discretion to the President in the conduct of foreign affairs.
Dames & Moore v. Regan
Facts: SC held that the President may nullify attachments and order the transfer of frozen Iranian assets pursuant to the International Emergency Economic Powers Act. Based on the Court’s inferences from legislation passed by Congress (IEEPA and the Hostage Act) regarding the President’s authority to deal with international crises and from the history of congressional acquiescence in executive claims settlement, the President may also suspend claims pursuant to the Executive Order.
Holding: Where Congress has a history of acquiescence, as with claims settlement, it thereby implicitly approves of the President’s actions regarding that specific subject matter about which Congress was silent.
Hamdi v. Rumsfeld
Facts: American citizen captured in Afghanistan was held as an enemy combatant.
Holding: Because it is undisputed that Hamdi was capture in a zone of active combat in a foreign theater of conflict, the submitted declaration is a sufficient basis upon which to conclude that the Commander in Chief has constitutionally detained Hamdi pursuant to the war powers entrusted to him by the United States Constitution.
Hamdan v. Rumsfeld
Facts: Hamdan was charged with conspiracy to commit offences triable by a military commission and was granted Habeas Corpus to dispute this charge.
Holding: Prisoners of war may not be tried in military commissions that do not afford the rights prescribed in the Uniform Code of Military Justice and the Geneva Conventions.
Boumediene v. Bush
Facts: Writ of habeas corpus submission made in a civilian court of the United States on behalf of Boumediene, held in military detention by the United States at the Guantanamo. It challenged the legality of Boumediene’s detention at the United States Naval Station military base in Guantanamo, as well as the constitutionality of the Military Commissions Act of 2006.
Holding: Court found that the prisoners had a right to the habeas corpus under the United States Constitution and that the Military Commissions Act of 2006 was an unconstitutional suspension of that right.
