Tuesday, October 8, 2013

Unique Presidential Powers

Unique powers of the President of the United States
- emergency powers
- executive orders
- executive privilege

Emergency Powers
Based on the principle of inherent powers and supported by the Court decision US v Curtiss-Wright Export Corp
Usually invoked in cases of foreign affairs or national security

Executive Orders
Executive orders carry the force of law with them and
    - enforce legislative statutes
    - enforce the Constitution or treaties w/ foreign nations
    - establish or modify rules and practices of executive administrative agencies
Only legal requirement is that executive orders be published in the Federal Register
Unlike laws, executive orders can be revoked by subsequent executives (see Hyde Amendment)

Executive Privilege
Perhaps the most controversial because it allows the executive to withhold information from the other branches
Often invoked when claiming disclosure would threaten national security
Principle has been upheld by the Court
Extent of privilege famously upheld in case of US v Nixon



While the President has unique powers, the position is not all powerful. Review process of and reasons for impeachment from Unit III.