Which articles deals with the executive branch

The general doctrine of our Constitution then is, that the executive power of the nation is vested in the President; subject only to the exceptions and qualifications , which are expressed in the instrument. Implicit in the argument was the rejection of the view that the first section of Article II bestowed powers not vested in subsequent sections. The Myers Case. United States 22 to have carried a majority of the Court with him in establishing the Hamiltonian conception as official doctrine.

That language was read, with extensive quotation from Hamilton and from Madison on the removal power, as vesting all executive power in the President, the subsequent language was read as merely particularizing some of this power, and consequently the powers vested in Congress were read as exceptions which must be strictly construed in favor of powers retained by the President.

United States , 25 and then considerably altered in Morrison v. The Curtiss-Wright Case. Curtiss-Wright Export Corp. The case arose as a challenge to the delegation of power from Congress to the President with regard to a foreign relations matter.

Justice Sutherland denied that the limitations on delegation in the domestic field were at all relevant in foreign affairs:. In that field, the primary purpose of the Constitution was to carve from the general mass of legislative powers then possessed by the states such portions as it was thought desirable to vest in the federal government, leaving those not included in the enumeration still in the states.

That this doctrine applies only to powers which the states had, is self evident. And since the states severally never possessed international powers, such powers could not have been carved from the mass of state powers but obviously were transmitted to the United States from some other source.

The powers to declare and wage war, to conclude peace, to make treaties, to maintain diplomatic relations with other sovereignties, if they had never been mentioned in the Constitution, would have been vested in the Federal Government as necessary concomitants of nationality. In this vast external realm, with its important, complicated, delicate and manifold problems, the President alone has the power to speak or listen as a representative of the nation.

United States the source and support of those contending for broad inherent executive powers. The Youngstown Case. During the Korean War, President Truman seized the steel industry, then in the throes of a strike. By vote of six-to-three, the Court rejected this argument and held the seizure void.

But the doctrinal problem is complicated by the fact that Congress had expressly rejected seizure proposals in considering labor legislation and had authorized procedures not followed by the President that did not include seizure. Despite the inconclusiveness of the opinions, it seems clear that the result was a substantial retreat from the proclamation of vast presidential powers made in Myers and Curtiss-Wright.

The Zivotofsky Case. Kerry appears to be the first instance in which the Court held that an act of Congress unconstitutionally infringed upon a foreign affairs power of the President. But in an opinion that employed multiple modes of constitutional interpretation, the Court concluded that the Constitution not only conferred recognition power to the President, but also that this power was not shared with Congress.

Having determined that the Constitution assigns the President with exclusive authority over recognition of foreign sovereigns, the Zivotofsky Court ruled that the statutory directive that the State Department honor passport requests of Jerusalem-born U. While the Zivotofsky decision establishes that the recognition power belongs exclusively to the President, its relevance to other foreign affairs issues remains unclear.

The opinion applied a functionalist approach in assessing the exclusivity of executive power on the issue of recognition, but did not opine on whether this approach was appropriate for resolving other inter-branch disputes concerning the allocation of constitutional authority in the field of foreign affairs. The Practice in the Presidential Office. In recent cases, the Supreme Court has pronouncedly protected the Executive Branch, applying separation-of-powers principles to invalidate what it perceived to be congressional usurpation of executive power, but its mode of analysis has lately shifted to permit Congress a greater degree of discretion.

Whether these memoranda signal long-term change depends on several factors, including whether they are adhered to by subsequent administrations.

Synar , 69 the Court held that Congress had invalidly vested executive functions in a legislative branch official. The Comptroller was to prepare a report for each fiscal year containing detailed estimates of projected federal revenues and expenditures, and specifying the reductions, if any, necessary to meet the statutory target.

Interpreting a law. Breadcrumb U. What Congress Does. Congress has the power to: Make laws Declare war Raise and provide public money and oversee its proper expenditure Impeach and try federal officers Approve presidential appointments Approve treaties negotiated by the executive branch Oversight and investigations. Capitol Map Map of the Capitol campus. The Supreme Court is the highest court in the United States. The Justices of the Supreme Court are nominated by the president and must be approved by the Senate.

The Constitution gives Congress the authority to establish other federal courts to handle cases that involve federal laws including tax and bankruptcy, lawsuits involving U. Other federal judicial agencies and programs support the courts and research judicial policy. Appointments for Supreme Court Justices and other federal judgeships follow the same basic process:. Learn how cases reach the Supreme Court and how the justices make their decisions. Use this lesson plan in class. View a larger version of the infographic.

An appeal is a request for a higher court to reverse the decision of a lower court. Most appeals come from federal courts.

They can come from state courts if a case deals with federal law. Dissatisfied parties petition the Court for review Parties may appeal their case to the Supreme Court, petitioning the Court to review the decision of the lower court. Justices study documents The Justices examine the petition and supporting materials. Justices vote Four Justices must vote in favor for a case to be granted review. Parties make arguments The Justices review the briefs written arguments and hear oral arguments.

In Federalist No. The Constitution confers command of the military onto the President. One reason cited by commentators for placing military power in the hands of a civilian, as opposed to a military officer, is to prevent abuse of military power. The supermajority vote requirement does not apply to two other types of international agreements —sole-executive agreements and congressional-executive agreements.

Above all, the President, in exercising these executive powers, is still subject to the law.