Tag: Presidential Office
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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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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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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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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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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…