Tag: Presidential Power
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Tenure
TenureFormerly, the term of four years during which the President "shall hold office" was reckoned from March 4 of the alternate odd years beginning with 1789. This came about from the circumstance that under the act of September 13, 1788, of "the Old Congress," the first Wednesd…
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Theory of the Presidential Office
Executive Power: Theory of the Presidential OfficeThe most obvious meaning of the language of Article II, § 1, is to confirm that the executive power is vested in a single person, but almost from the beginning it has been contended that the words mean much more than this simple designation of l…
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Youngstown Case
The Youngstown CaseThe only modern case that has extensively considered the "inherent" powers of the President or the issue of what executive powers are vested by the first section of Article II 1 is Youngstown Sheet & Tube Co. v. Sawyer,<a…
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Separation-of-Powers Judicial Protection
Executive Power: Separation-of-Powers Judicial ProtectionIn recent cases, the Supreme Court has pronouncedly protected the Executive Branch, applying separation-of-powers principles to invalidate what it perceived to be congressional usurpation of executive power, but its mode of analysis has lately…
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Powers and Term of the President
Clause 1. Powers and Term of the PresidentThe executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years and, together with the Vice President, chosen for the same Term, be elected, as follows:…
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Practice in the Presidential Office
The Practice in the Presidential OfficeHowever contested the theory of expansive presidential powers, the practice in fact has been one of expansion of those powers, an expansion that a number of "weak" Presidents and the temporary ascendancy of Congress in the wake of the Civil War has no…
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Myers Case
The Myers CaseHowever much the two arguments are still subject to dispute, Chief Justice Taft, himself a former President, appears in Myers v. United States 1 to have carried a majority of the Court with him in establishing the Hamiltonian conception…
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Hamilton and Madison
Hamilton and MadisonHamilton's defense of President Washington's issuance of a neutrality proclamation upon the outbreak of war between France and Great Britain contains not only the lines but most of the content of the argument that Article II vests significant powers in the President as po…
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Creation of the Presidency
<h2 >Creation of the Presidency</h2 >Of all the issues confronting the members of the Philadelphia Convention, the nature of the presidency ranks among the most important and the resolution of the quest…
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Curtiss-Wright Case
The Curtiss-Wright CaseFurtherCourt support of theHamiltonian view was advanced in United States v. Curtiss-Wright Export Corp.,1 in which Justice Sutherland posited the doctrine that the power of the National Government in foreign relations is not o…