What is Inherent Powers?
Inherent powers are powers that a particular branch of government holds because they are necessary to perform its duties. The three branches of government under the US Constitution are the Legislative Branch (Congress), the Executive Branch (headed by the President), and the Judicial Branch (the Supreme Court and the lower courts).
Example
A US naval vessel is attacked in the Pacific Ocean. Without a declaration of war from Congress, the President orders a retaliatory strike. The President argues that they can order this action without a declaration of war because, as Commander-in-Chief of the Armed Forces, the President has the inherent power to make individual military decisions without congressional approval. On the other hand, if the President were to declare war, that would fall outside their inherent powers because the Constitution reserves to Congress the authority to declare war.
Case Examples
- The Judicial Branch’s inherent powers: “The ‘inherent powers doctrine’ teaches that federal courts are empowered to deal with diverse matters over which courts have intrinsic authority, such as regulating the practice of law and general judicial housekeeping.” Ellison Steel Inc v. Greystar Constr. LP, No. CV H-04-0629, 2006 WL 8445354, at *3 (S.D. Tex. Feb. 16, 2006). These powers allow the Court to take certain actions on its own (known as sua sponte) as long as said actions protect or enforce the Court’s powers or rulings. Id. In Ellison, the Plaintiff, Ellison Steel Inc., sued the Defendant, Greystar Construction, LP, to recover monies owed for a construction project. Id. The case got moved from the Colorado courts to the Southern District of Texas. Id. The Court used its judicial powers to enjoin the parties from continuing the case in Texas and remanded the case to Colorado. Id. This injunction is designed to promote judicial efficiency and keep cases moving through the judicial process.
- Granting relief: One of the Court’s inherent powers allows the Court to grant any damages that it deems just and proper to make the Plaintiff whole, regardless of whether the Plaintiff requested the relief in its Complaint. See Nankin v. Beverly Ent. Wisconsin, Inc., 774 F. Supp. 540, 542 (E.D. Wis. 1991). Nankin, the Plaintiff, sued Beverly Enterprises, the Defendant, for a dispute over a commercial lease. The lower court granted the Plaintiff damages that the Plaintiff did not request because the Court thought such relief was just and proper. Id. The District Court upheld the lower court’s ruling, stating, “the Court may use its discretion and sense of fairness throughout this proceeding to grant whatever type of relief it deems appropriate.” Id.
Key facts:
One core presidential power is the power to veto legislation. The president who vetoed the most bills was Franklin D. Roosevelt. FDR was the only president to serve more than two terms, so it makes sense that he vetoed the most bills. Out of all presidents who served no more than two terms, the president who vetoed the most laws was Grover Cleveland, who often used his veto power to curtail government spending. By contrast, the only two-term president who vetoed no laws was Thomas Jefferson. William Henry Harrison, America’s shortest-serving president, vetoed no bills during the one month when he was president.
A core power of Congress is the power to declare war. The first time Congress declared war was in 1812, when Congress declared war on the United Kingdom. The most recent time Congress declared war was in 1941, when Congress declared war on Japan following the attack on Pearl Harbor. Although the United States has been involved in multiple wars since then, they didn’t involve congressional declarations of war. To this day, legal scholars debate whether or not these military actions were constitutional without a congressional declaration of war.
A core power of the Supreme Court is judicial review, which allows the court to strike down legislation or executive actions as unconstitutional. In 1952, the Supreme Court ruled that President Harry S. Truman’s decision to take control of the nation’s steel mills was unconstitutional. Recognizing the Supreme Court as America’s highest legal authority, Truman complied with the ruling and returned the steel mills back to their original owners.
Further Reading
For more detailed information, see our related Constitutional Law terms:
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