1 / 18

CONSTITUTIONAL LAW

CONSTITUTIONAL LAW . CLASS 19 February 19, 2008 More on Executive Power – Can Congress Increase Executive Power? . Clinton v. New York (1998) Can Congress expand executive power by authorizing the line-item veto ?.

komala
Download Presentation

CONSTITUTIONAL LAW

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. CONSTITUTIONAL LAW CLASS 19 February 19, 2008 More on Executive Power – Can Congress Increase Executive Power?

  2. Clinton v. New York (1998) Can Congress expand executive power by authorizing the line-item veto ? • Majority by: StevensJoined by: Rehnquist, Kennedy, Souter, Thomas, GinsburgConcurrence by: KennedyConcurrence/dissent by: ScaliaJoined by: O'Connor; Breyer (in part)Dissent by: BreyerJoined by: O'Connor, Scalia (in part)

  3. Legislative Line-Item Veto Act of 2006 • Did not make it into law although passed by House • Would this be constitutional?

  4. LIMITS ON EXECUTIVE POWER • Non-delegation doctrine • 2 New Deal era cases enforced this doctrine

  5. Panama Refining Co. v. Ryan (1935) [C p. 294] • Chief Justice Hughes wrote the majority opinion, joined by Sutherland, Butler, Van Devanter, Stone, Roberts, McReynolds, Brandeis • Cardozo was the only dissenter

  6. Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935) [C p. 293] • Chief Justice Charles Evans Hughes wrote the majority opinion, joined by 6 other justices (Four Horsemen, Roberts, and Brandeis) • Justice Cardozo wrote a concurring opinion, joined by Stone

  7. Current Status of the Non-Delegation Doctrine? • See, e.g. unanimous decision of the Court in Whitman v. American Trucking Ass’n, Inc. (2001) [C p. 296] • Scalia wrote the opinion of the Court

  8. INS v. Chadha (1983) [C p. 299] • Can Congress keep control of executive actions by the use of the legislative veto? • Majority opinion by CJ Burger, joined by Brennan, Marshall, Blackmun, Stevens, O’Connor • Concurrence by Powell • Dissent by White • Dissent by Rehnquist, joined by White

  9. Clinton v. New York (1998) • Can Congress expand executive power? • Majority by: StevensJoined by: Rehnquist, Kennedy, Souter, Thomas, GinsburgConcurrence by: KennedyConcurrence/dissent by: ScaliaJoined by: O'Connor; Breyer (in part)Dissent by: BreyerJoined by: O'Connor, Scalia (in part)

  10. George W. Bush’s efforts to revive the line-item veto • Legislative Line-Item Veto Act of 2006 (HR 4890) • Testimony at: http://www.cbo.gov/showdoc.cfm?index=7079&sequence=0 • Passed the House in 2006, killed in the Senate in January 2007

  11. SLICE Act of 2007 (HR 595) • Introduced January 2007 by Mark Udall (D-Colo) • Authorizes president to identify specific provisions he thinks should be cut and then requires Congress to vote on those.

  12. Buckley v. Valeo (1976) (CB p. 403) • Per curiam opinion • Can Congress appoint executive officers (majority of members of FEC)?

  13. Removal Power • Impeachment of Andrew Johnson after he fired Secretary of War Edwin Stanton

  14. Myers v. United States (1926) • Chief Justice William Howard Taft (a former president from 1909-1913) wrote the majority opinion joined by Van Devanter, Sutherland, Butler, Sanford, StoneDissent by: HolmesDissent by: McReynoldsDissent by: Brandeis

  15. Humphrey’s Executor v. United States (1935) • Unanimous opinion written by Justice Sutherland

  16. Wiener v. United States (1958) • Did the Court apply the Humphrey’s or Myers rule? • Unanimous opinion by Justice Frankfurter

  17. Bowsher v. Synar (1986) (CB p. 404) • BURGER delivered the opinion of the Court, in which BRENNAN, POWELL, REHNQUIST, and O'CONNOR joined. STEVENS filed an opinion concurring in the judgment in which MARSHALL joined. WHITE and BLACKMUN, filed dissenting opinions

  18. Morrison v. Olson (1988) (CB p. 410) • Justice Rehnquist delivered the majority opinion • Justice Kennedy did not participate • Justice Scalia dissented

More Related