Isabella Carter
Article II of the US Constitution establishes the Executive Branch of the federal government, vesting federal executive power in the President. The Executive Branch is obligated to enforce the Constitution, with the President required to take Care that the Laws be faithfully executed. This includes the authority to enforce laws and appoint agents to carry out this enforcement. While the Executive Branch is generally expected to enforce laws and court orders, there have been instances where Presidents have refused to enforce Supreme Court rulings, such as in Worcester v. Georgia (1832) and Ex parte Merryman (1861). Ultimately, the courts can overturn an Executive Order found to exceed the President's constitutional authority.
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What You'll Learn
The Executive Vesting Clause
The interpretation of the Executive Vesting Clause has been a subject of debate between two main schools of thought: the Unitary Executive position and the minimalist position. Advocates of the Unitary Executive position argue that the President can exercise their constitutional powers without congressional interference and that they can direct executive officers. They believe that the Vesting Clause grants the President a suite of powers, including those mentioned above, subject to express limitations in the Constitution.
On the other hand, Vesting Clause minimalists claim that Congress can qualify or regulate the President's exercise of powers that have not been clearly assigned to their sole discretion. Minimalists argue that the Vesting Clause does not grant the President additional powers beyond those expressly identified in the Constitution. They contend that the term “executive power” did not have a settled meaning at the time of the Founding and that it refers specifically to the powers outlined in the Constitution.
The disagreement between these two interpretations has significant implications for the allocation of power and institutional arrangements within the federal government. The Unitary Executive stance suggests that independent agencies of the federal government, such as the Federal Communications Commission and the Federal Reserve, may be unconstitutional due to congressional restrictions on the President's authority to remove members of their commissions or boards. On the other hand, the minimalist interpretation raises questions about Congress's ability to grant removal protections to high-ranking officials, such as the Secretary of State or the Attorney General.
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The Take Care Clause
Article II of the U.S. Constitution establishes the Executive Branch of the federal government. Section 3 of Article II requires the President to ensure that the laws are faithfully executed, as outlined in the Take Care Clause. The clause states that the President "shall take Care that the Laws be faithfully executed".
The President's power to execute federal laws and control executive officers who execute those laws is granted by their "executive Power". The Take Care Clause modifies this grant, ensuring that laws are executed faithfully and with promptitude and uniformity. The President's role in law execution was intended to ensure prompt and vigorous implementation of laws, which was lacking under the Articles of Confederation.
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The President's authority over foreign affairs
The President also has the power to make treaties and appoint ambassadors, ministers, and consuls, with the advice and consent of the Senate. This is outlined in Article II of the Constitution, which establishes the Executive Branch and vests federal executive power in the President.
The Supreme Court has also recognized that the President has certain implied authorities in addition to those expressly delineated in the Constitution. In United States v. Curtiss-Wright Export Corp. (1936), the Court addressed the scope of presidential foreign affairs powers. In this case, a weapons manufacturer, Curtiss-Wright, violated a neutrality ban by selling weapons to Bolivia during a conflict with Paraguay. The President, Franklin Roosevelt, had issued the ban under powers delegated to him by a joint resolution of Congress. The Court, in a 7-1 majority decision, upheld the delegation of power, with Justice George Sutherland stating that "the president is the sole organ of the nation in its external relations, and its sole representative with foreign nations."
In Loving v. United States (1996), the Court found that the President, as Commander in Chief, had the responsibility to superintend the military, and thus had interlinked authorities with Congress in this area.
However, the Zivotofsky Court declined to endorse the Executive’s broader claim of exclusive or preeminent presidential authority over foreign relations, and it appeared to minimize the reach of some of the Court’s earlier statements in Curtiss-Wright. In Zivotofsky v. Kerry (2015), the Supreme Court considered a law enacted by Congress that instructed the State Department to designate Jerusalem, Israel, as the place of birth on a passport. While the Court has allowed a partial resumption of USAID spending, the extent of the president’s foreign affairs powers remains a relevant question for other overseas-related activities, including setting tariff rates.
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Court orders and enforcement
The US Constitution's Article II, also known as the Executive Vesting Clause, establishes the Executive Branch of the federal government. Section 3 of Article II requires the President to "take Care that the Laws be faithfully executed". This executive power includes the authority to enforce laws and appoint agents responsible for enforcement.
The Executive Branch is responsible for enforcing judicial orders and ensuring compliance with court decisions. Historically, there has been substantial compliance with court orders based on a respect for the rule of law and the courts' impartiality. However, in rare cases, court rulings have been controversial enough to inspire defiance, and the question of whether the Executive Branch is obligated to enforce final court judgments remains unresolved.
In the 19th century, there were two notable cases where the president took no action to enforce Supreme Court rulings: Worcester v. Georgia (1832) and Ex parte Merryman (1861). In Worcester, the Court ruled in favour of Samuel Worcester, a missionary living among the Cherokee Nation, who had been jailed for refusing to take an oath to obey Georgian laws. The Court held that Georgia could not apply its laws to the Cherokee Nation, declaring all relevant laws unconstitutional. Despite this, the president at the time took no action to enforce the ruling.
In Ex parte Merryman, the Court found that Lincoln had overstepped his constitutional authority by suspending the writ of habeas corpus, a power that belonged solely to Congress. However, Chief Justice Roger Taney recognised the limitations of the judiciary, stating that his ruling could not be enforced without the president's cooperation. Lincoln ignored Taney's opinion and maintained his position, and in 1863, Congress authorised the president to suspend habeas corpus.
In summary, while the Executive Branch is generally responsible for enforcing judicial orders, there have been instances where presidents have declined to enforce Supreme Court rulings, even in the face of substantial criticism. The question of a definitive obligation to enforce court judgments remains a matter of debate.
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The President's role as Commander in Chief
Article II of the US Constitution establishes the Executive Branch of the federal government. The Executive Vesting Clause in Section 1, Clause 1, vests federal executive power in the President. The President's role as Commander-in-Chief is outlined in Section 2, Clause 1, which grants them exclusive powers, including the authority to require written opinions from the heads of executive departments and the pardon power.
The President's role as Commander-in-Chief is significant as it grants them the power to make critical decisions regarding national security and the use of military force. This authority has been invoked in various historical instances, such as President Dwight D. Eisenhower's use of military force to enforce racial desegregation in public schools following the 1954 Supreme Court ruling in Brown v. Board of Education.
While the President has the power to make decisions regarding military engagements, their role as Commander-in-Chief also comes with certain limitations and checks. The President is obligated to uphold and defend the Constitution, as outlined in the presidential oath of office. Courts may overturn an Executive Order that is found to violate constitutional liberties or exceed the President's authority.
Additionally, the President's power to enforce laws and appoint agents for enforcement is balanced by Congress's ability to legislate in areas of foreign affairs and national security. The President's role in faithfully executing the laws does not extend to lawmaking, as indicated in the Youngstown Sheet & Tube Co. v. Sawyer case (1952).
The President's role as Commander-in-Chief is a critical aspect of their position, granting them the authority to make timely decisions regarding national security and the use of military force while also being subject to constitutional checks and balances.
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Frequently asked questions
Yes, Article II of the U.S. Constitution establishes the Executive Branch and vests federal executive power in the President, requiring them to ensure the laws be faithfully executed.
While there is a debate about whether the executive branch is obligated to enforce final court judgments, there have been instances in history where presidents took no action to enforce Supreme Court rulings, such as in Worcester v. Georgia (1832) and Ex parte Merryman (1861).
The courts can stay enforcement or overturn an Executive Order that is beyond the President's constitutional authority. The President can fight the ruling in court and go through the appeals process, which may ultimately be reviewed by the U.S. Supreme Court.
In 1954, the Supreme Court held that racial segregation of public schools was unconstitutional, and the executive branch reasserted the supremacy of federal law, with President Dwight D. Eisenhower authorizing the use of military force to achieve compliance with the court order.
