Article 2 of the United States Constitution
Nixon
In February 1974, the House of Representatives commenced proceedings to consider impeaching President Richard Nixon.
robbery: The prowlers were connected to President Richard Nixon’s
reelection campaign, and they had been caught while attempting to wiretap phones and steal secret documents.
Frost/Nixon
NIXON: “When the president does it that means that it is not illegal.”
Video1:50 in cliphttp://www.youtube.com/watch?v=
vFHYiOfBRng
What does it say?
Section 1. The executive power shall be vested in a President of the United States
of America.Section 2.
The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states,
grant reprieves and pardons make treaties, provided two thirds of the Senators present concur
Section 3. He shall from time to time give to the Congress information of the state
of the union, he shall take care that the laws be faithfully executed,
Section 4. The President, Vice President and all civil officers of the United States,
shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
Review
Express powers of the president Things the text really says
Implied powers What is not in the text but precedence allowed it
Pictures about powers
Pictures showing powers being exercisedDifferent duties
Commander in Chief Pardons Making treaties
Commander in Chief
From left to right Maj. Alan Pinkerton Abe Lincoln Gen. John
McCleland
Pardons
Bill Clinton pardoning a turkey
Making Treaties
Ronald ReaganMikhial Gorbachev
How come the President can do stuff not in the Constitution
Implied Powers
Precedent What the Supreme Court has said the president can or
cannot do
Precedence
How the Legal System Works
Law passed by Congress or in the Constitution
Court’s interpretation of Laws
Application of Court’s Interpretation
on Current Case
In Re Neagle [Implied powers]
Facts: Neagle was bodyguard
for a justice, Field, after the Terry family threatened to hurt him
Neagle shot and killed Mr. Terry about to attack field
Wife brought suit, that president had no authority to assign a bodyguard without congressional approval
Take Care Clause
RULE President has some implied powers Article 2 Section 3
“Take care that the laws are faithfully executed”Importance:
President was acting here without congressional authorization, and there is no constitutional power to do it; Middle ground of Presidential Powers
Upholds constitutionality of executive orders Why?
1) facts are narrow and uncontroversial 2) President must have some powers not strictly defined
by constitution
Franklin Roosevelt: 1936
Congress passed a Joint Resolution authorizing the President to ban the sales of arms to countries involved in the border dispute between Bolivia and Paraguay. Joint Resolutions are like an “end around” the
2/3 requirement Often used in war like powers
• The President immediately made an Executive Order banning sales of guns to these countries
• The Defendant was indicted for conspiracy to sell fifteen machine guns to Bolivia in violation of the Joint Resolution and the Executive Order.
• Is this Constitutional?
United States v.
RULE President has broad, implied power in foreign policy Federal government and executive have greater
powers in foreign affairs than in domestic The constitutional powers of the federal government
regarding foreign affairs are Greater than those regarding domestic affairs
Presidential action was proper Pres. is the person who speaks for us as a nation Strongest level of power when President is
upholding congressionally approved act
Korean War (1952):
Labor disputes threatened to shut down steel production Truman ordered Secretary of Commerce to seize
control of several steel industries for the war effortWhy would he Do this?
War? Need Steel? Wanted Money? Wanted Power?
Youngstown Sheet and Steel RULE
The president’s power, if any, to issue an order must stem from an act of Congress or the US constitution
Facts: He did it so that a strike would not impede the Korean War effort.
The United Steel Workers not getting paid enough and wanted a raise. afraid that a strike would cause the United States to run out of steel.
Congress had allowed the strike with the Taft Hartley Act passed in 1947 over President Truman’s veto.
Importance: No statute or provision of constitution gave president the authority to take the industry
Who Has authority to take over steel industry? Congress President has the least amount of power when he
goes against congress
George Bush (2006)
Tried to use military tribunals to prosecute “enemy combatants” at Guantanamo Bay
Does the Executive Branch have right, during wartime, to declare people who fight against the United States "enemy combatants" and thus restrict their access to the court system.
• Unconstitutional?• Congress’s power?• Court’s Power?
Hamdi v. Rumsfield
RULE Right to Trail is more important
Congress can change the rules, but the court can has a say in if the rules are Constitutional
A citizen held in the US as an enemy combatant be given a meaningful opportunity to fight his conviction before a neutral court
Not Constitutional Both Congress and Court have power President has power but needs help from congress
President has some power but it is up to the Court to decide if his power is constitutional Here it is not – Right to Trail is more important Middle ground of president’s powers
Hand Out
Rank Presidential Powers in the examples Strong Powers Middle or medium powers Weakest powers
Explain what other case it is like What is the same in the current example and the
cases discussed What is different
Remember – Use Precedence The law works by looking at what the court has said
before and applying this to our current examples