CRS/LII Annotated Constitution Article II -- Table of Contents

CRS Annotated Constitution

	ARTICLE II	413
	EXECUTIVE DEPARTMENT	413
Section 1.	The President	413
Clause 1.	Powers and Term of the President	413
	NATURE AND SCOPE OF PRESIDENTIAL POWER	413
	Creation of the Presidency	413
	Executive Power: Theory of the Presidential Office	415
	Hamilton and Madison	416
	The Myers Case	418
	The Curtiss–Wright Case	418
	The Youngstown Case	420
	The Practice in the Presidential Office	422
	Executive Power: Separation–of–Powers Judicial Protection	422
	TENURE	425
Clauses 2, 3, and 4.	Election	426
	Cls. 2–4—Election	426
	ELECTORAL COLLEGE	427
	“Appoint”	428
	State Discretion in Choosing Electors	429
	Constitutional Status of Electors	430
	Electors as Free Agents	431
Clause 5.	Qualifications	433
	QUALIFICATIONS	433
Clause 6.	Presidential Succession	435
	PRESIDENTIAL SUCCESSION	435
	Cls. 7–8—Compensation, Oath	435
Clause 7.	Compensation and Emoluments	435
	COMPENSATION AND EMOLUMENTS	435
Clause 8.	Oath of Office.	436
	OATH OF OFFICE	436
	ARTICLE II	436
	EXECUTIVE DEPARTMENT	436
	SECTION 2. POWERS AND DUTIES OF THE PRESIDENT	436
Section 2.	Powers and Duties of the President	436
Clause 1.	Commander–in–Chiefship; Presidential Advisers; Pardons	436
	COMMANDER–IN–CHIEF	437
	Development of the Concept	437
	The Limited View	437
	The Prize Cases	438
	Impact of the Prize Cases on World Wars I and II	439
	Presidential Theory of the Commander–in–Chiefship in World War II—And Beyond	440
	Presidential War Agencies	441
	Constitutional Status of Presidential Agencies	441
	Evacuation of the West Coast Japanese	442
	Presidential Government of Labor Regulations	443
	Sanctions Implementing Presidential Directives	444
	The Postwar Period	445
	The Cold War and After: Presidential Power To Use Troops Overseas Without Congressional Authorization	447
	The Historic Use of Force Abroad	448
	The Theory of Presidential Power	450
	The Power of Congress to Control the President’s Discretion	451
	The President as Commander of the Armed Forces	453
	Martial Law and Constitutional Limitations	456
	Martial Law in Hawaii	458
	Articles of War: The Nazi Saboteurs	459
	Articles of War: World War II Crimes	461
	Martial Law and Domestic Disorder	461
	PRESIDENTIAL ADVISERS	462
	The Cabinet	462
	PARDONS AND REPRIEVES	463
	The Legal Nature of a Pardon	463
	Scope of the Power	465
	Offenses Against the United States; Contempt of Court	465
	Effects of a Pardon: Ex parte Garland	466
	Limits to the Efficacy of a Pardon	468
	Congress and Amnesty	468
	ARTICLE II	469
	EXECUTIVE DEPARTMENT	469
	SECTION 2. POWERS AND DUTIES OF THE PRESIDENT	469
	THE TREATY–MAKING POWER	469
	President and Senate	469
	Negotiation, a Presidential Monopoly	470
	Treaties as Law of the Land	471
	Origin of the Conception	472
	Treaties and the States	472
	Treaties and Congress	474
	Congressional Repeal of Treaties	477
	Treaties Versus Prior Acts of Congress	478
	When Is a Treaty Self–Executing	479
	Treaties and the Necessary and Proper Clause	480
	Constitutional Limitations on the Treaty Power	482
	Interpretation and Termination of Treaties as International Compacts	487
	Termination of Treaties by Notice	487
	Determination Whether a Treaty Has Lapsed	491
	Status of a Treaty a Political Question	491
	Indian Treaties	492
	Present Status of Indian Treaties	493
	INTERNATIONAL AGREEMENTS WITHOUT SENATE APPROVAL	494
	Executive Agreements by Authorization of Congress	495
	Reciprocal Trade Agreements	496
	The Constitutionality of Trade Agreements	496
	The Lend–Lease Act	497
	International Organizations	498
	Executive Agreements Authorized by Treaties	498
	Arbitration Agreements	498
	Agreements Under the United Nations Charter	499
	Status of Forces Agreements	500
	Executive Agreements on the Sole Constitutional Authority of the President	500
	The Litvinov Agreement	503
	The Hull–Lothian Agreement	503
	The Post–War Years	504
	The Domestic Obligation of Executive Agreements	504
	THE EXECUTIVE ESTABLISHMENT	507
	Office	507
	Ambassadors and Other Public Ministers	507
	Presidential Diplomatic Agents	509
	Appointments and Congressional Regulation of Offices	512
	Congressional Regulation of Conduct in Office	516
	The Loyalty Issue	517
	Financial Disclosure and Limitations	518
	Legislation Increasing Duties of an Officer	519
	Stages of Appointment Process	519
	Nomination	519
	Senate Approval	519
	When Senate Consent Is Complete	520
	Commissioning the Officer	521
	ARTICLE II	521
	EXECUTIVE DEPARTMENT	521
	SECTION 2. POWERS AND DUTIES OF THE PRESIDENT	521
	Recess Appointments	521
	Judicial Appointments	522
	Ad Interim Designations	522
	The Removal Power	522
	The Myers Case	522
	The Humphrey Case	525
	The Wiener Case	526
	The Watergate Controversy	527
	The Removal Power Rationalized	528
	Other Phases of Presidential Removal Power	531
	The Presidential Aegis: Demands for Papers	532
	Private Access to Government Information	534
	Prosecutorial and Grand Jury Access to Presidential Documents	535
	Congressional Access to Executive Branch Information	538
	ARTICLE II	539
	EXECUTIVE DEPARTMENT	539
	LEGISLATIVE ROLE OF THE PRESIDENT	540
	THE CONDUCT OF FOREIGN RELATIONS	540
	The Right of Reception: Scope of the Power	540
	The Presidential Monopoly	541
	The Logan Act	541
	A Formal or a Formative Power	542
	The President’s Diplomatic Role	542
	Jefferson’s Real Position	543
	The Power of Recognition	544
	The Case of Cuba	545
	The Power of Nonrecognition	546
	Congressional Implementation of Presidential Policies	547
	The Doctrine of Political Questions	548
	Recent Statements of the Doctrine	550
	THE PRESIDENT AS LAW ENFORCER	553
	Powers Derived From This Duty	553
	Impoundment of Appropriated Funds	555
	Power and Duty of the President in Relation to Subordinate Executive Officers	559
	Administrative Decentralization Versus Jacksonian Centralism	560
	Congressional Power Versus Presidential Duty to the Law	561
	Myers Versus Morrison	562
	The President as Law Interpreter	564
	Military Power in Law Enforcement: The Posse Comitatus	565
	Suspension of Habeas Corpus by the President	566
	Preventive Martial Law	566
	The Debs Case	567
	Present Status of the Debs Case	568
	The President’s Duty in Cases of Domestic Violence in the States	569
	The President as Executor of the Law of Nations	569
	PROTECTION OF AMERICAN RIGHTS OF PERSON AND PROPERTY ABROAD	570
	Congress and the President versus Foreign Expropriation	571
	PRESIDENTIAL ACTION IN THE DOMAIN OF CONGRESS STEEL SEIZURE CASE	572
	The Doctrine of the Opinion of the Court	573
	The Doctrine Considered	573
	Power Denied by Congress	576
	PRESIDENTIAL IMMUNITY FROM JUDICIAL DIRECTION	578
	The President’s Subordinates	582
	ARTICLE II	583
	EXECUTIVE DEPARTMENT	583
	IMPEACHMENT747	583
	Persons Subject to Impeachment	584
	Judges	584
	Impeachable Offenses	586
	The Chase Impeachment	587
	The Johnson Impeachment	588
	Later Judicial Impeachments	589
	The Nixon Impeachment	589
	Judicial Review of Impeachments	590

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