Constitutional Law Question: Executive agreements and orders
Posted: Fri Dec 02, 2011 3:40 pm
What are the limitations of executive agreements?
If Congress fails to enact a statute to allow a president to seize steel factories in time of an emergency (like Youngstown), can the president enter into an executive agreement (not a treaty) with another country in order to authorize seizures? In other words, can the president use an executive agreement as a way to get something done that Congress has not approved?
Also, how do you analyze an executive order issue? How do you determine whether the order was constitutional or not?
If Congress fails to enact a statute to allow a president to seize steel factories in time of an emergency (like Youngstown), can the president enter into an executive agreement (not a treaty) with another country in order to authorize seizures? In other words, can the president use an executive agreement as a way to get something done that Congress has not approved?
Also, how do you analyze an executive order issue? How do you determine whether the order was constitutional or not?