The Distribution of National Regulatory Powers: Foundational Concepts

Question 1

Article II

Answer 1

It vests the executive power in the President, describes the office and lists the powers.

Checks and Balances

• Can make treaties only if 2/3 of the senators agree
• Can appoint ambassadors etc. only with the advice and consent of the senate
• Take Care Clause – must ensure that the laws Congress passes are followed

Question 2

Youngstown Sheet & Tube Co. v. Sawyer

Answer 2

The president’s power must stem from the Constitution or an act of Congress.

Question 3

Youngstown Sheet & Tube Co. v. Sawyer

Issue

Answer 3

Whether this was in the president’s constitutional power to over the government to seize most of the nation’s steel mills.

Question 4

Youngstown Sheet & Tube Co. v. Sawyer

Facts

Answer 4

Truman ordered the government to take over most steel mills because he was afraid an upcoming strike would endanger the country’s national defense. The steel mills argued that the president was order was lawmaking, overstepping the executive’s role. Based on the Vested Clause (Art. I, § 1, cl. 1), Take Care Clause (Art. I, § 3) and the Commander in Chief Clause (Art. I, § 2, Cl. 1), the government argued that his actions were necessary to protect the nation from catastrophe and therefore action within his Constitutional powers as Commander in Chief.

Question 5

Youngstown Sheet & Tube Co. v. Sawyer

Reasoning

Answer 5

It was not constitutional because neither the Constitution nor Congress gave the President that power. Two statutes allowed it but they were not applicable. Plus, historically Congress rejected giving the government the power to use seizure to solve disputes. It was outside his power as Commander in Chief and the president can’t make laws.

Question 6

Youngstown Sheet & Tube Co. v. Sawyer

Holding

Answer 6

The president’s order was unconstitutional

Question 7

Youngstown Sheet & Tube Co. v. Sawyer

Frankfurter Concurrence

Answer 7

Congress has given the president the power to seize in the past but only temporarily in times of war or national crisis. That was not the case here. Plus, when passing a law about labor relations, Congress specifically decided not to give the president that power.

Question 8

Youngstown Sheet & Tube Co. v. Sawyer

Jackson Concurrence

Answer 8

There are three types of presential power:

• The president most powerful when acts with express or implied authorization of Congress
• He has less when he acts within his own power without Congress’s approval or disapproval. Statutes are silent on presidential power. This is a case-specific analysis.
• The president is least powerful when he acts contrary to Congress and can only invoke the powers the Constitution gives him

The president’s actions were in the last category because Congress had shown that it believed the president shouldn’t have the power to seize. The Constitution doesn’t give him that power, and the power to execute laws is not the power to make them.