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