Top Law Schools

Questions on executive power:

Can the President only act if the power is delegated by Congress? Does Youngstown apply to foreign affairs as well? What are the enumerated rights of the executive branch?


Thanks!

Besides Article II §§2, 3?

(ETA plus, I guess Article I §§7, 9; veto and paying appropriated monies from the treasury)

Mr.Throwback wrote:Questions on executive power:

Can the President only act if the power is delegated by Congress? Does Youngstown apply to foreign affairs as well? What are the enumerated rights of the executive branch?


Thanks!

Article II: Powers of the President:
The executive power shall be vested in a President of the United States of America.
The President shall be the Commander in Chief
He shall have Power to grant Reprieves and Pardons for Offences against the U.S.
He shall have Power, by and with Advice and Consent of the Senate, to make Treaties.
He shall nominate and appoint federal officers
He shall receive Ambassadors and other public ministers
He shall take Care that the Laws be faithfully executed [obligation] "Take Care Clause"
Also has some residuum "inherent executive power"


So, remember in Youngstown, his EO was unconstitutional because it exceeded his powers, not falling under any of these?

I guess my notes would also point you to the non-delegation doctrine for when the Executive Branch can be delegated some authority of Congress, as long is guided by "an intelligible principle" - depending on breadth/scope.

Hope that helps! My final is in 12 hours

Wait.

The enumerated powers are the gimme's.
Each one will have its own historical/legal analysis.

BUT---
The money is in the analysis of the less-than-obvious powers.
These are the powers (and the limits) included in the:

1. "Executive Power" (.."the executive power shall be vested in..")
2. "Take Care Clause" ("... take care that the laws be faithfully executed.."
3. "Commander in Chief" powers

The argument includes: "Because the President has the duty, he must have the corresponding power to accomplish it."
The executive power is the big one, and your Yongstown analysis is what you use.

There is no answer, only analysis.... (as in most law !)

Anddddd of course one of the MC was can the President remove troops from Afghanistan when Congress has expressly declared no. FML