🇺🇸
Constitutional Law • Domestic Affairs
CONLAW#031
Legal Definition
The president's power as chief executive depends on whether (in order of most to least):
(A) The President has express or implied congressional authority: The president's authority is at its zenith and his actions are likely valid.
(B) Congress is silent: The President's actions will be upheld unless they usurp the power of another governmental branch, or prevent another branch from carrying out its tasks.
(C) The President acts against congressional will: The President has little authority, and his action is likely invalid.
(A) The President has express or implied congressional authority: The president's authority is at its zenith and his actions are likely valid.
(B) Congress is silent: The President's actions will be upheld unless they usurp the power of another governmental branch, or prevent another branch from carrying out its tasks.
(C) The President acts against congressional will: The President has little authority, and his action is likely invalid.
Plain English Explanation
Like ordering curry at your favorite Thai restaurant, the President's power to do something within the country comes in 3-levels of spicy:
Most Spicy: If Congress says it's okay, or it seems like they would be okay with it, the President can pretty much do what he plans. It's like having a green light.
Medium Spicy: If Congress hasn't said anything about what the President wants to do, he can still do it. But he must be careful not to step on the toes of the other parts of the government.
Least Spicy: If Congress has said "no" to what the President wants to do, then he really can't do it. It's like a red light.
Note that this is only in regards to the President's domestic power within the United States. Why? Because the President's powers are mostly related to foreign policy stuff that happens outside of the country, while domestic affairs within the US borders are within Congress' power. That's why we have 3 levels of power for the President that involve how much Congress cares about a topic.
Most Spicy: If Congress says it's okay, or it seems like they would be okay with it, the President can pretty much do what he plans. It's like having a green light.
Medium Spicy: If Congress hasn't said anything about what the President wants to do, he can still do it. But he must be careful not to step on the toes of the other parts of the government.
Least Spicy: If Congress has said "no" to what the President wants to do, then he really can't do it. It's like a red light.
Note that this is only in regards to the President's domestic power within the United States. Why? Because the President's powers are mostly related to foreign policy stuff that happens outside of the country, while domestic affairs within the US borders are within Congress' power. That's why we have 3 levels of power for the President that involve how much Congress cares about a topic.
Hypothetical
Hypo 1: During the COVID-19 pandemic, Congress passed the CARES Act, giving the President broad authority to provide financial relief to individuals and businesses. The President then signs an executive order directing the Treasury to distribute $1,200 stimulus checks to every American earning less than $75,000 a year. Result: The President's action is likely valid because he operates with express congressional authority provided by the CARES Act. This is an example of the President's power being at its zenith, as he is acting with clear support from Congress.
Hypo 2: Despite Congress's silence on immigration reform, President Obama issues the Deferred Action for Childhood Arrivals (DACA) executive order, allowing certain undocumented individuals brought to the U.S. as children to receive a renewable two-year period of deferred action from deportation and eligibility for a work permit. Result: The President's action is upheld because Congress has not legislated on the issue, and the executive order does not usurp the power of another governmental branch nor prevent it from carrying out its tasks. This demonstrates the President's medium level of power when Congress is silent.
Hypo 3: President Truman, during the Korean War, attempts to seize steel mills to prevent a strike that would disrupt steel production, critical for the war effort. Congress had not authorized such a seizure. The Supreme Court rules the seizure invalid in Youngstown Sheet & Tube Co. v. Sawyer. Result: This action is likely invalid because the President acted against the will of Congress, which had not granted authority for such a seizure. This scenario illustrates the President's power being at its weakest when acting against congressional will.
Hypo 2: Despite Congress's silence on immigration reform, President Obama issues the Deferred Action for Childhood Arrivals (DACA) executive order, allowing certain undocumented individuals brought to the U.S. as children to receive a renewable two-year period of deferred action from deportation and eligibility for a work permit. Result: The President's action is upheld because Congress has not legislated on the issue, and the executive order does not usurp the power of another governmental branch nor prevent it from carrying out its tasks. This demonstrates the President's medium level of power when Congress is silent.
Hypo 3: President Truman, during the Korean War, attempts to seize steel mills to prevent a strike that would disrupt steel production, critical for the war effort. Congress had not authorized such a seizure. The Supreme Court rules the seizure invalid in Youngstown Sheet & Tube Co. v. Sawyer. Result: This action is likely invalid because the President acted against the will of Congress, which had not granted authority for such a seizure. This scenario illustrates the President's power being at its weakest when acting against congressional will.
Visual Aids
Related Concepts
What are the limitations of the President's immunity?
What are the limitations of the President's pardon power?
What are the requirements for impeachment and removal?
When may the president invoke executive privilege?
Who has the appointment power, and what positions are appointable?
Who has the removal power and what are its limitations?
