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Notes on video lecture:
Article II: The Executive Branch
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Article II
creates the executive branch
while Article I spells out what kind of          Congress can make, Article II doesn't do this for the president
it gives the president different            and powers
enforce the laws
like a               
with the help of
executive officers
members of               
federal prosecutors
most of the government's workers
president can control people under his command generally as he           
hire and fire
tell them what to do
for some high level positions, he can't          without senate approval
appoints federal judges
conducts                affairs
can make                  with senate approval
can enter into agreements on his own
commander and chief of            forces
can't                war
this power is reserved to                 
but if there is a war, he conducts it
looking at this list of powers, the president is in a way                    to congress
Article II comes after Article I
congress makes laws, the president enforces them
congress declares a war, the president commands it
but power has shifted          from congress and towards the president
the basic reason is that congress has its own separation of powers
two houses, 100 senators, hundreds of                               
rules like the                      which make it hard for even a majority to get much done
the power of the executive branch, in contrast, is concentrated in        person
can act quickly and decisively
particularly in times of war
during the Civil War,                did things that might not have been constitutional
seized            bound for Confederate ports
Supreme Court eventually said that was not a                    of the Constitution
suspended the writ of              corpus during Civil War
this meant he could arrest people on his own and not have to                why to a court
tried to prosecute civilians in                  commissions rather than Federal courts
the Supreme Court ruled he couldn't do this
announced he was                the slaves in Confederate States
the Emancipation Proclamation is an unusual expansion of presidential power
quite possibly not                      with the Constitution
in defense of these actions, Lincoln made the argument, "it was                   "
Franklin Roosevelt
to fight Great Depression, he expanded the Federal government with The        Deal
with the support of congress but over the                      of the Supreme Court
Court finally backed down
to fight WWII
prosecuted Nazi                    in a military commission
told Supreme Court he would defy an order to send them to Federal Court instead
evacuated                 -Americans from Pacific Coast and detained them in camps
elected          times
Harry S Truman
gets FDR presidency handed to him
sends troops into            without congressional authorization
argument was that it was a "United Nations              action" not an American war
in order to provide steel to those troops, he seized            mills to prevent strikes
steel companies sued him, creating the                      case
we want the president to be able to save the nation when there is a             , but not be able to claim there is a crisis when none             , or exaggerate one and use it as an excuse to take more power
Justice Robert               , three categories of presidential power
1. congress                  of his actions
his authority is at its maximum
2. congress says                about this actions
president can only rely on his own independent powers, or Congress and president can have concurrent authority
3. congress                        of his actions
president's power is at its lowest ebb
in the Youngstown case, congress was               , court ordered him to hand the mills back, and he obeyed
the party system complicates this
since a Congress of the same part as the president is likely to                him whether or not his actions are Constitutional or not
the Supreme Court has never ruled that the president is allowed to            the law in order to save the nation


######################### (1892-1954)
United States Solicitor General (1938-1940), United States Attorney General (1940–1941) and an Associate Justice of the United States Supreme Court
  • Jackson's concurring opinion in 1952's Youngstown Sheet & Tube Co. v. Sawyer, forbidding President Harry Truman's seizure of steel mills during the Korean War to avert a strike, where Jackson formulated a three-tier test for evaluating claims of presidential power, remains one of the most widely cited opinions in Supreme Court history
  • chief United States prosecutor at the Nuremberg Trials
  • "any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances"
Why We Needed a Constitution
Creating the Constitution
Structural, Backward-Looking, and Forward-Looking Provisions
Article I: The Legislative Branch
Article II: The Executive Branch
Article III: The Judicial Branch
The Bill of Rights
The Progressive Amendments: 16, 17, 18, and 19
Freedom of Speech
The Supreme Court and the Free Exercise of Religion Clause
The Establishment Clause
The Fourth Amendment: Protection from Unreasonable Search and Seizure
The Fifth Amendment and the Miranda Warning
The Sixth Amendment