Professional Law: Constitutional Law — Executive Power
Bar-style Con Law flashcards on executive power, emergency authority, and separation of powers hypos.
16 cards· by GuruOwl
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Try it- 01"A devastating earthquake struck a foreign country … [executive order]" — what constitutional issues does this classic bar hypo typically test?Scope of presidential power under Article II / Youngstown categories: whether the executive order is authorized by statute, falls in a zone of twilight, or contradicts Congress; limits on domestic vs foreign affairs powers; and nondelegation / separation of powers.executive-powergsc-priority
- 02"Employees of an executive agency can be required to perform such emergency functions" — what principle supports this?Within statutory authority and constitutional limits, the President may direct the executive branch workforce to carry out lawful emergency functions of their agencies.executive-powergsc-priority
- 03"The president initially wanted to send troops from a west coast military base" — what constraints matter in a foreign emergency hypo?Commander-in-Chief power is broad in military command, but war powers, appropriations, and statutes (and political constraints) can limit initiation/commitment of forces; domestic deployment raises additional Posse Comitatus / Insurrection Act issues if used at home.war-powersgsc-priority
- 04What are the three Youngstown categories (Justice Jackson)?1) President acts with Congress’s authorization (max power); 2) Congress silent (zone of twilight); 3) President acts against Congress’s will (lowest ebb).youngstownexecutive-power
- 05What happened in Youngstown Sheet & Tube Co. v. Sawyer (1952)?The Court struck down Truman’s seizure of steel mills during the Korean War — no congressional authorization for the seizure; presidential power is not unlimited even in emergency.youngstown
- 06What is the nondelegation doctrine?Congress may not transfer its legislative power to the executive without an intelligible principle guiding the delegate’s discretion.separation-of-powers
- 07What is executive privilege?A qualified presidential interest in confidentiality of certain communications; not absolute (see United States v. Nixon).executive-power
- 08What did United States v. Nixon hold about executive privilege?Executive privilege exists but yields to the needs of a criminal trial — generalized confidentiality cannot block specific evidence production.executive-power
- 09What is the Take Care Clause?Article II duty that the President “shall take Care that the Laws be faithfully executed.”article-ii
- 10What is the Commander-in-Chief Clause?Article II power making the President commander in chief of the armed forces.article-iiwar-powers
- 11Who has the power to declare war under the Constitution?Congress (Article I).war-powers
- 12What is a pocket veto?If Congress adjourns during the 10-day period and the President does not sign a bill, it does not become law (pocket veto).legislation
- 13What is the Presentment Clause requirement?Bills must be presented to the President for signature or veto; legislative acts generally require bicameralism and presentment (INS v. Chadha implications for legislative vetoes).separation-of-powers
- 14What is the unitary executive debate (exam-level)?How completely the President controls the executive branch — especially removal power over officers and independence of agencies.executive-power
- 15Can the President unilaterally suspend the Constitution in an emergency?No. Emergencies do not create extra-constitutional power; authority must come from the Constitution or Congress (Youngstown principle).executive-power
- 16What is federalism’s basic exam definition?Division of power between national and state governments, with enumerated federal powers and residual state police powers (subject to Supremacy Clause).federalism