EXECUTIVE POWER OUTLINE4

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School

Drake University**We aren't endorsed by this school

Course

LAW 115

Subject

Law

Date

Dec 16, 2024

Pages

Uploaded by KidOxideJellyfish5

EXECUTIVE POWER OUTLINE4/24/23Professor Mark Kende1.Implied Executive Power and Foreign Relationsa.Youngstown—Jackson concurrenceb.Vesting clause, Take care clausec.Curtiss Wright—Grandiose version of implied Presidential power in theory. But ruling against it in cased.Dames&Moore—The Court essentially uses Youngstown to support President’s executive agreement and executive order re. Iran hostage controversy2.War on Terrora.Hamdi—yes on enemy combatant designation, but also yes on limited due processb.Hamdan—President violates UCMJ and Geneva Convention by unilaterally creating new military tribunalsc.Boumedienne—Even if Congress joins President in creating CSRT’s and military tribunals, the law involved illegally deprives prisoners of habeas and access to a federal appellate court is inadequated.Torture, rendition, etc.3.War Powers—Pres. is Commander in Chief, Congress can declare war. Pres. can act without declaration to repel attacks. Libyan case showed Pres. can commit U.S.air power to assist various nations enforcing no fly zone without declaration of war. The War Powers Act’s constitutionality is untested.4.Executive Privilege—Pres. has qualified executive privilege. Nixon Watergate case and Trump business case involving N.Y. District Attorney5.Immunity—Pres. cannot be sued for acts taken in official capacity. Absolute6.Impeachment—Federal officials can be impeached for treason, bribery, high crimes and misdemeanors. Clinton and Trump were impeached but not convicted.

7.Appointments and Removal Power—Pres. must appoint principle officers. Inferior officers may be appointed by Pres., court of law, or dept. head. Morrison case and Scalia dissent. Presidential function may not be unduly impaired by restrictions on his removal authority.8.Non-delegation doctrine. Intelligible principle. Major question doctrine.