Executive Powers

Detailed Examples and Case Studies

Executive powers are the authority granted to the President and the executive branch of the U.S. government as outlined in Article II of the Constitution. These powers include, among others, the power of appointment, the power to make treaties with the advice and consent of Congress, and the veto power. The following examples and case studies illustrate the use and implications of executive powers in various contexts:

Legal Examples:

• Power of Appointment
  The President appoints federal judges, ambassadors, and other key officials with the advice and consent of the Senate. For instance, the nomination of a Supreme Court justice requires Senate confirmation. This power is crucial for shaping the judiciary and other important governmental functions.
• Power to Make Treaties
  The President negotiates treaties with foreign nations, which then must be ratified by a two-thirds majority in the Senate. An example is the negotiation and ratification of the North Atlantic Treaty, which formed NATO. This power allows the President to engage in international diplomacy and agreements.
• Veto Power
  The President can veto legislation passed by Congress, preventing it from becoming law unless overridden by a two-thirds majority in both the House and the Senate. For example, President Andrew Johnson's veto of the Civil Rights Act of 1866 was overridden by Congress, showcasing the checks and balances system.

Cases Involving Executive Powers:

These cases further demonstrate the application and challenges related to executive powers:

• Youngstown Sheet & Tube Co. v. Sawyer: In this landmark case, the Supreme Court restricted the executive power by holding that President Truman's seizure of steel mills during the Korean War, without Congressional authorization, was unconstitutional. The Court ruled that the President’s power must stem either from an act of Congress or the Constitution itself.
• United States v. Nixon: This case involved President Nixon's invocation of executive privilege to resist turning over tapes and documents related to the Watergate scandal. The Supreme Court unanimously ruled that executive privilege is not absolute and cannot be used to obstruct justice, reinforcing the accountability of the executive branch.

Impact of Executive Powers:

• Checks and Balances: The executive powers granted to the President are balanced by the legislative and judicial branches. The power of appointment and treaty-making require Senate approval, and the veto power can be overridden by Congress. This system ensures no single branch holds unchecked authority.
• National and International Policy: The executive powers allow the President to shape domestic and foreign policy significantly. Through appointments, treaties, and executive orders, the President influences legislation, judicial interpretations, and international relations.
• Judicial Review: The Supreme Court plays a critical role in interpreting the extent and limits of executive powers. Cases like those mentioned above demonstrate how the judiciary checks potential abuses or overreach by the executive branch.
• Emergency Powers: During national emergencies, the President may exercise broader discretionary powers. However, such actions are subject to legal and constitutional limits, as illustrated in the Youngstown case.
• Executive Orders: The President can issue executive orders to direct the operations of the federal government. While not explicitly mentioned in Article II, these orders derive authority from the executive powers and are subject to judicial review and legislative countermeasures.