Section B – Class 3
Samuel Zeidman
Ravi Nanwani
John Choon Yoo
From 2001 to 2003, he served as a deputy
assistant attorney general in the Office of
Legal Counsel at the U.S. Department of
Justice, where he worked on issues
involving foreign affairs, national security
and the separation of powers.
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Commander and Chief
◦ Clause 1: The President shall be Commander in Chief of the Army and
Navy of the United States, and of the Militia of the several States,
when called into the actual Service of the United States;
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Pardons
◦ Clause 1: …he shall have Power to grant Reprieves and Pardons for
Offences against the United States, except in Cases of Impeachment.
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Treaties and Appointments
◦ Clause 2: He shall have Power, by and with the Advice and Consent
of the Senate, to make Treaties, provided two thirds of the Senators
present concur; and he shall nominate, and by and with the Advice
and Consent of the Senate, shall appoint Ambassadors, other public
Ministers and Consuls, Judges of the supreme Court, and all other
Officers of the United States, whose Appointments are not herein
otherwise provided for, and which shall be established by Law
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Recess Appointments
◦ Clause 3: The President shall have Power to fill up all Vacancies
that may happen during the Recess of the Senate, by granting
Commissions which shall expire at the End of their next Session.
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State of the Union
◦ He shall from time to time give to the Congress Information of the
State of the Union, and recommend to their Consideration such
Measures as he shall judge necessary and expedient; he may, on
extraordinary Occasions, convene both Houses, or either of them, and
in Case of Disagreement between them, with Respect to the Time of
Adjournment, he may adjourn them to such Time as he shall think
proper; he shall receive Ambassadors and other public Ministers;
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Faithfully Execute the Laws:
◦ he shall take Care that the Laws be faithfully executed, and shall
Commission all the Officers of the United States.
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Korean War: not declared (not authorized by Congress),
called “police action.”
Steelworker strike threatened.
Fearing disruption of war, President Truman seizes
control of steel mills.
The steel mill owners are not amused, and go to court to
end the seizure.
Wait...why should I care about
1950s steel mills?
BECAUSE YOUNGSTOWN
SHEET & TUBE CO. V. SAWYER
WAS ONE OF THE GREATEST
EXECUTIVE POWER CASES OF
ALL TIME! OF ALL TIME!
Oh. Then I’ma let you finish.
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Gov’t argues wide range of exec. power:
◦ President = broad executive authority
 Take care that laws are faithfully executed
◦ Commander-in-chief
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Justice Black sees it differently:
◦ President is not a lawmaker + Not an exercise of military power
 Congress regulated this, decided not to give President power to
seize
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Tripartite = Three Parts.
◦ Congress authorizes executive action
◦ Congress forbids action, or authorizes different course of action
◦ No Congress action, Congress/Const. gives powers to each
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Congress authorizes executive action:
◦ Most likely to find has power
 Authority of executive + authority of legislature
◦ So long as does not violate other laws or the Constitution
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Congress forbids action, or authorizes different course
of action
◦ Least likely to be allowed
◦ Only if a part of executive authority that can’t be checked
 For example, commander-in-chief powers
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No Congressional action, and Congress/Constitution
gives powers to each
◦ “Zone of Twilight”: court looks to facts surrounding the case
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Hypothetical case that helps you understand
how to apply the law
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Come up with legal arguments, based on the
tripartite formula, for whether the President’s
action is constitutional
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More on the Executive Branch
◦ Constitutional Amendments
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Introduction to the Legislative Branch
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Begin Discussion of Supreme Court Cases