EDWARD'S LECTURE NOTES:
More notes at http://tanguay.info/learntracker
C O U R S E 
Key Constitutional Concepts and Supreme Court Cases
Professor Kermit Roosevelt, III, University of Pennsylvania
https://www.coursera.org/course/constitution
C O U R S E   L E C T U R E 
Article II: The Executive Branch
Notes taken on November 12, 2014 by Edward Tanguay
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Article II
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creates the executive branch
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while Article I spells out what kind of laws Congress can make, Article II doesn't do this for the president
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it gives the president different roles and powers
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enforce the laws
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like a sheriff
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with the help of
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executive officers
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members of cabinet
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federal prosecutors
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FBI
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most of the government's workers
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president can control people under his command generally as he wants
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hire and fire
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tell them what to do
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for some high level positions, he can't hire without senate approval
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appoints federal judges
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conducts foreign affairs
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can make treaties with senate approval
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can enter into agreements on his own
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commander and chief of armed forces
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can't declare war
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this power is reserved to congress
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but if there is a war, he conducts it
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looking at this list of powers, the president is in a way secondary to congress
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Article II comes after Article I
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congress makes laws, the president enforces them
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congress declares a war, the president commands it
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but power has shifted away from congress and towards the president
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the basic reason is that congress has its own separation of powers
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two houses, 100 senators, hundreds of representatives
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rules like the filibuster which make it hard for even a majority to get much done
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the power of the executive branch, in contrast, is concentrated in one person
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can act quickly and decisively
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particularly in times of war
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during the Civil War, Lincoln did things that might not have been constitutional
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seized ships bound for Confederate ports
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Supreme Court eventually said that was not a violation of the Constitution
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suspended the writ of habeas corpus during Civil War
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this meant he could arrest people on his own and not have to explain why to a court
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tried to prosecute civilians in military commissions rather than Federal courts
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the Supreme Court ruled he couldn't do this
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announced he was freeing the slaves in Confederate States
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the Emancipation Proclamation is an unusual expansion of presidential power
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quite possibly not consistent with the Constitution
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in defense of these actions, Lincoln made the argument, "it was necessary"
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Franklin Roosevelt
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to fight Great Depression, he expanded the Federal government with The New Deal
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with the support of congress but over the opposition of the Supreme Court
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Court finally backed down
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to fight WWII
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prosecuted Nazi saboteurs in a military commission
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told Supreme Court he would defy an order to send them to Federal Court instead
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evacuated Japanese-Americans from Pacific Coast and detained them in camps
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elected four times
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Harry S Truman
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gets FDR presidency handed to him
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sends troops into Korea without congressional authorization
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argument was that it was a "United Nations police action" not an American war
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in order to provide steel to those troops, he seized steel mills to prevent strikes
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steel companies sued him, creating the Youngstown case
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we want the president to be able to save the nation when there is a crisis, but not be able to claim there is a crisis when none exists, or exaggerate one and use it as an excuse to take more power
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Justice Robert Jackson, three categories of presidential power
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1. congress approves of his actions
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his authority is at its maximum
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2. congress says nothing about this actions
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president can only rely on his own independent powers, or Congress and president can have concurrent authority
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3. congress disapproves of his actions
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president's power is at its lowest ebb
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in the Youngstown case, congress was opposed, court ordered him to hand the mills back, and he obeyed
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the party system complicates this
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since a Congress of the same part as the president is likely to support him whether or not his actions are Constitutional or not
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the Supreme Court has never ruled that the president is allowed to break the law in order to save the nation