Week 4 Flashcards
1) the role of US Supreme Court in clarifying presidential power
The Court’s ruling in Noel Canning established legal precedent regarding the President’s authority to make recess appointments.
The Supreme Court’s role includes balancing the separation of powers between the executive and legislative branches.
The role of party divisions in the federal establishment.
The short answer is that it really will depend on which parties are in power.
Right now, Democrats control both the White House and the Senate. With the decision by Senate Democrats back in November to invoke the “nuclear option” – which allows them to confirm the president’s nominees with a simple majority – the president currently doesn’t need to use recess appointments to fill judgeships or senior positions in the executive branch. But that could change if the Republicans gain control of the Senate this November (a prospect that many believe is increasingly likely): a Republican Senate could not only block the president’s nominees, but prevent the president from making recess appointments by ensuring that it never recesses for more than a few days.
What was the Noel Canning article about
The President’s appointment and Senate’s confirmation powers, founded in the Constitution, but extended through statutory provisions.
“Recess” appointment provision in Article II, Section 2:
Noel Canning appeals to circuit court, arguing Obamas appointments to NIRB were invalid. Circuits agree. NLRB appeals to the supreme court.
They were made during an inappropriate point
Supreme Court … rules the appointments invalid and
-sets terms for recess appointments
What’s the take away from this chapter about the balance of power among the federal institutions? ( Nelson chap 19)
-Nelson highlights how the Constitution grants certain powers related to war to both Congress and the President, reflecting a system of shared responsibility and checks and balances.
-While the President is the Commander-in-Chief of the armed forces, Congress has the authority to declare war, raise and support armies, and regulate military conduct.
-This division of powers is intended to prevent the concentration of war-making authority in any single branch of government.
-Nelson observes that the practical application of these constitutional provisions has often been subject to interpretation and contestation. Presidents have frequently claimed expansive authority to conduct military operations without congressional approval, citing inherent powers as Commander-in-Chief or relying on statutory authorizations passed by Congress
Has the War Powers Resolution been effective in reasserting congressional power? (Chap 19)
Enacted in 1973, the WPR was intended to ensure that the President would consult with Congress before committing US forces to potentially prolonged military engagements.
-It requires the President to notify Congress within 48 hours of committing armed forces to military action and to withdraw them within 60 days unless Congress authorizes their continued deployment.
The wars power resolution
-The War Powers Resolution, also known as the War Powers Act, is a United States federal law passed in 1973, designed to limit the President’s ability to commit the United States to armed conflict without the consent of Congress
-The resolution was enacted in response to concerns about the expansion of presidential power to engage in military actions without explicit congressional approval, particularly in light of the Vietnam War.
