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Presidential Power

Presidential Power. “Take Care” and “Executive Power”. Constitutional Wiggle Room. “Executive Power” “Take Care Clause”. “Mere Designation” Strict Constructionist Madisonian/Taft Model

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Presidential Power

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  1. Presidential Power “Take Care” and “Executive Power”

  2. Constitutional Wiggle Room • “Executive Power” • “Take Care Clause”

  3. “Mere Designation” Strict Constructionist Madisonian/Taft Model “when I begin to exercise that power I am not conscious of the power, but only of the limitations imposed on me From beginning to roughly 1930 “General Grant” Stewardship Hamiltonian Model "energy in the executive is ... the definition of good government." From Teddy Roosevelt (1901) onward Competing Models

  4. What Changed? • In re Neagle (1890) – Take care clause • World / economic conditions – Executive power

  5. Dramatis Personae Stephen Field David Terry David Broderick David Neagle Sarah Althea Hill

  6. World / Economic Conditions • Industrial Revolution • WW I • Great Depression

  7. Limits on the “General Grant” • Two Limits • If Congress says “no,” Presidential power is foreclosed • President must execute all laws, not just the ones he likes

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