👩🏾‍⚖️Supreme Court Unit 13 – Presidential Power and Authority

Historical Context

• Founders sought to create a strong executive branch while avoiding potential for tyranny seen in British monarchy
• Article II of the Constitution outlines the powers and responsibilities of the President
• Presidents have expanded their authority over time through various means (executive orders, signing statements, war powers)
• Conflicts between the President and Congress or the judiciary have shaped the understanding of presidential power
  • Marbury v. Madison (1803) established the principle of judicial review, allowing the Supreme Court to check presidential power
  • Youngstown Sheet & Tube Co. v. Sawyer (1952) limited the President's ability to seize private property without congressional authorization
• Historical events such as wars, economic crises, and national emergencies have led to temporary expansions of presidential power
• The role of the President has evolved from a more limited executive to a more assertive and influential leader in both domestic and foreign affairs

Constitutional Foundations

• Article II, Section 1 of the Constitution vests executive power in the President and outlines the qualifications and election process for the office
• The President is required to "take Care that the Laws be faithfully executed" under Article II, Section 3, known as the Take Care Clause
• The President's role as Commander-in-Chief of the armed forces is established in Article II, Section 2
  • This power has been interpreted broadly by some Presidents to justify military actions without congressional approval
• The President has the power to grant pardons and reprieves for offenses against the United States, except in cases of impeachment (Article II, Section 2)
• The President can make treaties with foreign nations, with the advice and consent of a two-thirds majority in the Senate (Article II, Section 2)
• The Appointments Clause in Article II, Section 2 grants the President the power to appoint federal judges, ambassadors, and other officers with Senate confirmation
• The President can convene or adjourn Congress in extraordinary circumstances, as outlined in Article II, Section 3

Key Presidential Powers

• Executive orders allow the President to direct federal agencies and officials without congressional approval
  • Examples include President Truman's desegregation of the military (Executive Order 9981) and President Obama's DACA program
• The President can veto legislation passed by Congress, which can only be overridden by a two-thirds majority in both houses
• The President has the power to negotiate and sign treaties with foreign nations, subject to Senate ratification
• The President can appoint federal judges, cabinet members, and other high-level officials, shaping the composition of the government
  • Controversial appointments, such as President Trump's nomination of Brett Kavanaugh to the Supreme Court, highlight the significance of this power
• The President serves as the Commander-in-Chief of the military, with the authority to direct troops and respond to threats
  • The War Powers Resolution of 1973 aimed to limit the President's ability to commit troops without congressional approval
• The President can grant pardons and commute sentences for federal crimes, a power that has been controversial at times
  • President Ford's pardon of Richard Nixon and President Clinton's pardon of Marc Rich generated significant public debate
• The President has the power to recognize foreign governments and conduct diplomacy on behalf of the United States

Limits on Presidential Authority

• The system of checks and balances, as outlined in the Constitution, is designed to prevent any one branch from becoming too powerful
• Congress has the power to override a presidential veto with a two-thirds majority in both houses
• The Senate must confirm presidential appointments to key positions, serving as a check on the President's hiring power
• The Supreme Court can rule on the constitutionality of executive actions and orders, striking them down if they violate the Constitution
  • For example, the Court invalidated President Truman's seizure of steel mills during the Korean War in Youngstown Sheet & Tube Co. v. Sawyer (1952)
• The President is subject to impeachment by the House of Representatives and removal from office by the Senate for "Treason, Bribery, or other high Crimes and Misdemeanors" (Article II, Section 4)
  • Presidents Andrew Johnson, Bill Clinton, and Donald Trump were impeached by the House but acquitted by the Senate
• The War Powers Resolution of 1973 requires the President to consult with and report to Congress when deploying troops into hostilities
• The President's power to unilaterally terminate treaties has been questioned, with some arguing that Senate approval should be required

Landmark Supreme Court Cases

• Marbury v. Madison (1803) established the principle of judicial review, empowering the Supreme Court to strike down executive actions that violate the Constitution
• Youngstown Sheet & Tube Co. v. Sawyer (1952) ruled that President Truman's seizure of steel mills during the Korean War was unconstitutional, limiting the President's power to seize private property
  • Justice Robert Jackson's concurring opinion outlined three categories of presidential power in relation to Congress, which has been influential in subsequent cases
• United States v. Nixon (1974) rejected President Nixon's claim of absolute executive privilege and ordered him to release the Watergate tapes, leading to his resignation
• Clinton v. City of New York (1998) struck down the Line Item Veto Act, which had granted the President the power to selectively veto specific provisions of bills
• Hamdi v. Rumsfeld (2004) held that U.S. citizens designated as enemy combatants have the right to challenge their detention in court, limiting the President's wartime powers
• Boumediene v. Bush (2008) ruled that Guantanamo Bay detainees have the right to habeas corpus, rejecting the Bush administration's argument that the President could deny them this right
• National Federation of Independent Business v. Sebelius (2012) upheld key provisions of the Affordable Care Act, a signature legislative achievement of the Obama administration

Evolution of Presidential Power

• Early Presidents, such as George Washington and Thomas Jefferson, took a more restrained view of executive power
• President Abraham Lincoln expanded presidential authority during the Civil War, suspending habeas corpus and issuing the Emancipation Proclamation
• President Theodore Roosevelt's "stewardship theory" of the presidency asserted that the President could take any action not explicitly prohibited by the Constitution
• President Franklin D. Roosevelt's New Deal and World War II leadership significantly expanded the scope and influence of the presidency
  • The Supreme Court initially resisted some New Deal programs but later adopted a more deferential stance
• The Cold War and the rise of the "imperial presidency" in the mid-20th century saw Presidents asserting greater control over foreign policy and national security
• In the wake of the Watergate scandal, Congress passed legislation (War Powers Resolution, Congressional Budget and Impoundment Control Act) to reassert its authority and limit presidential power
• Recent Presidents have continued to push the boundaries of executive power through the use of executive orders, signing statements, and broad interpretations of their constitutional authority

Contemporary Debates and Issues

• The use of executive orders to bypass Congress on controversial issues (immigration, climate change, gun control) has been a source of ongoing debate
• Presidents have faced criticism for their handling of national security and surveillance programs, with concerns about civil liberties and the rule of law
  • The Bush administration's warrantless wiretapping program and the Obama administration's drone strikes have generated legal and ethical questions
• The extent of the President's war powers and the role of Congress in authorizing military action remain contentious issues
  • Presidents have relied on expansive interpretations of the Authorization for Use of Military Force (AUMF) to justify military operations without explicit congressional approval
• The scope of executive privilege and the ability of Congress to investigate the executive branch have been recurring points of conflict
  • Disputes over the release of President Trump's tax returns and the Mueller report highlight ongoing tensions
• The politicization of the judiciary, particularly with respect to Supreme Court nominations, has raised concerns about the independence of the courts and the President's influence on the judicial branch
• The impeachment process and its political implications have been a focus of debate, particularly in light of the impeachments of Presidents Clinton and Trump

Impact on Governance and Policy

• The expansion of presidential power has allowed Presidents to pursue their policy agendas more effectively, even in the face of congressional opposition
  • President Obama used executive orders to advance his environmental and immigration policies when faced with a divided Congress
• The concentration of power in the executive branch has led to concerns about the erosion of checks and balances and the potential for abuse of power
• The President's role in shaping foreign policy has become increasingly important, with far-reaching consequences for global affairs
  • President Bush's decision to invade Iraq in 2003 and President Trump's negotiations with North Korea have had significant geopolitical impacts
• The President's ability to shape the composition of the federal judiciary, particularly the Supreme Court, has long-term implications for legal and social policy
  • President Trump's appointment of conservative Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett has shifted the ideological balance of the Court
• The President's use of executive orders and administrative actions can create uncertainty and instability in policy, as they can be more easily reversed by subsequent administrations
• The growth of presidential power has contributed to the increasing polarization and gridlock in American politics, as Presidents and their opponents battle for control over the policy agenda
• The centralization of power in the presidency has raised questions about the health of American democracy and the ability of the system to constrain executive overreach