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CRS Annotated Constitution

ARTICLE II413
EXECUTIVE DEPARTMENT413
Section 1.The President413
Clause 1.Powers and Term of the President413
NATURE AND SCOPE OF PRESIDENTIAL POWER413
Creation of the Presidency413
Executive Power: Theory of the Presidential Office415
Hamilton and Madison416
The Myers Case418
The Curtiss–Wright Case418
The Youngstown Case420
The Practice in the Presidential Office422
Executive Power: Separation–of–Powers Judicial Protection422
TENURE425
Clauses 2, 3, and 4.Election426
Cls. 2–4—Election426
ELECTORAL COLLEGE427
“Appoint”428
State Discretion in Choosing Electors429
Constitutional Status of Electors430
Electors as Free Agents431
Clause 5.Qualifications433
QUALIFICATIONS433
Clause 6.Presidential Succession435
PRESIDENTIAL SUCCESSION435
Cls. 7–8—Compensation, Oath435
Clause 7.Compensation and Emoluments435
COMPENSATION AND EMOLUMENTS435
Clause 8.Oath of Office.436
OATH OF OFFICE436
ARTICLE II436
EXECUTIVE DEPARTMENT436
SECTION 2. POWERS AND DUTIES OF THE PRESIDENT436
Section 2.Powers and Duties of the President436
Clause 1.Commander–in–Chiefship; Presidential Advisers; Pardons436
COMMANDER–IN–CHIEF437
Development of the Concept437
The Limited View437
The Prize Cases438
Impact of the Prize Cases on World Wars I and II439
Presidential Theory of the Commander–in–Chiefship in World War II—And Beyond440
Presidential War Agencies441
Constitutional Status of Presidential Agencies441
Evacuation of the West Coast Japanese442
Presidential Government of Labor Regulations443
Sanctions Implementing Presidential Directives444
The Postwar Period445
The Cold War and After: Presidential Power To Use Troops Overseas Without Congressional Authorization447
The Historic Use of Force Abroad448
The Theory of Presidential Power450
The Power of Congress to Control the President’s Discretion451
The President as Commander of the Armed Forces453
Martial Law and Constitutional Limitations456
Martial Law in Hawaii458
Articles of War: The Nazi Saboteurs459
Articles of War: World War II Crimes461
Martial Law and Domestic Disorder461
PRESIDENTIAL ADVISERS462
The Cabinet462
PARDONS AND REPRIEVES463
The Legal Nature of a Pardon463
Scope of the Power465
Offenses Against the United States; Contempt of Court465
Effects of a Pardon: Ex parte Garland466
Limits to the Efficacy of a Pardon468
Congress and Amnesty468
ARTICLE II469
EXECUTIVE DEPARTMENT469
SECTION 2. POWERS AND DUTIES OF THE PRESIDENT469
THE TREATY–MAKING POWER469
President and Senate469
Negotiation, a Presidential Monopoly470
Treaties as Law of the Land471
Origin of the Conception472
Treaties and the States472
Treaties and Congress474
Congressional Repeal of Treaties477
Treaties Versus Prior Acts of Congress478
When Is a Treaty Self–Executing479
Treaties and the Necessary and Proper Clause480
Constitutional Limitations on the Treaty Power482
Interpretation and Termination of Treaties as International Compacts487
Termination of Treaties by Notice487
Determination Whether a Treaty Has Lapsed491
Status of a Treaty a Political Question491
Indian Treaties492
Present Status of Indian Treaties493
INTERNATIONAL AGREEMENTS WITHOUT SENATE APPROVAL494
Executive Agreements by Authorization of Congress495
Reciprocal Trade Agreements496
The Constitutionality of Trade Agreements496
The Lend–Lease Act497
International Organizations498
Executive Agreements Authorized by Treaties498
Arbitration Agreements498
Agreements Under the United Nations Charter499
Status of Forces Agreements500
Executive Agreements on the Sole Constitutional Authority of the President500
The Litvinov Agreement503
The Hull–Lothian Agreement503
The Post–War Years504
The Domestic Obligation of Executive Agreements504
THE EXECUTIVE ESTABLISHMENT507
Office507
Ambassadors and Other Public Ministers507
Presidential Diplomatic Agents509
Appointments and Congressional Regulation of Offices512
Congressional Regulation of Conduct in Office516
The Loyalty Issue517
Financial Disclosure and Limitations518
Legislation Increasing Duties of an Officer519
Stages of Appointment Process519
Nomination519
Senate Approval519
When Senate Consent Is Complete520
Commissioning the Officer521
ARTICLE II521
EXECUTIVE DEPARTMENT521
SECTION 2. POWERS AND DUTIES OF THE PRESIDENT521
Recess Appointments521
Judicial Appointments522
Ad Interim Designations522
The Removal Power522
The Myers Case522
The Humphrey Case525
The Wiener Case526
The Watergate Controversy527
The Removal Power Rationalized528
Other Phases of Presidential Removal Power531
The Presidential Aegis: Demands for Papers532
Private Access to Government Information534
Prosecutorial and Grand Jury Access to Presidential Documents535
Congressional Access to Executive Branch Information538
ARTICLE II539
EXECUTIVE DEPARTMENT539
LEGISLATIVE ROLE OF THE PRESIDENT540
THE CONDUCT OF FOREIGN RELATIONS540
The Right of Reception: Scope of the Power540
The Presidential Monopoly541
The Logan Act541
A Formal or a Formative Power542
The President’s Diplomatic Role542
Jefferson’s Real Position543
The Power of Recognition544
The Case of Cuba545
The Power of Nonrecognition546
Congressional Implementation of Presidential Policies547
The Doctrine of Political Questions548
Recent Statements of the Doctrine550
THE PRESIDENT AS LAW ENFORCER553
Powers Derived From This Duty553
Impoundment of Appropriated Funds555
Power and Duty of the President in Relation to Subordinate Executive Officers559
Administrative Decentralization Versus Jacksonian Centralism560
Congressional Power Versus Presidential Duty to the Law561
Myers Versus Morrison562
The President as Law Interpreter564
Military Power in Law Enforcement: The Posse Comitatus565
Suspension of Habeas Corpus by the President566
Preventive Martial Law566
The Debs Case567
Present Status of the Debs Case568
The President’s Duty in Cases of Domestic Violence in the States569
The President as Executor of the Law of Nations569
PROTECTION OF AMERICAN RIGHTS OF PERSON AND PROPERTY ABROAD570
Congress and the President versus Foreign Expropriation571
PRESIDENTIAL ACTION IN THE DOMAIN OF CONGRESS STEEL SEIZURE CASE572
The Doctrine of the Opinion of the Court573
The Doctrine Considered573
Power Denied by Congress576
PRESIDENTIAL IMMUNITY FROM JUDICIAL DIRECTION578
The President’s Subordinates582
ARTICLE II583
EXECUTIVE DEPARTMENT583
IMPEACHMENT747 583
Persons Subject to Impeachment584
Judges584
Impeachable Offenses586
The Chase Impeachment587
The Johnson Impeachment588
Later Judicial Impeachments589
The Nixon Impeachment589
Judicial Review of Impeachments590