{"title":"The Executive Power Vesting Clause","authors":"M. W. McConnell","doi":"10.2307/j.ctv11hprfg.18","DOIUrl":"https://doi.org/10.2307/j.ctv11hprfg.18","url":null,"abstract":"This chapter recalls the fundamental structural decisions made by the Committee of Detail about the powers of the executive, such as allocating the established prerogative powers of the British executive to Congress or to the president. It examines the important changes by the Convention in parceling out prerogative powers, which subjected some of them to senatorial advice and consent. It also talks about the Committee beginning of Article II with a sentence vesting the “Executive Power” in a single person — the president. The chapter investigates the Executive Vesting Clause that has engendered lively debate since the earliest years of the republic and caused the Supreme Court to grapple with the two possible meanings for it. It argues that the Vesting Clause vests all national powers of an executive nature in the president, except for that portion of the executive power that is vested elsewhere.","PeriodicalId":252767,"journal":{"name":"The President Who Would Not Be King","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125832299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"14 The Logic of the Organization of Article II","authors":"M. W. McConnell","doi":"10.2307/j.ctv11hprfg.19","DOIUrl":"https://doi.org/10.2307/j.ctv11hprfg.19","url":null,"abstract":"This chapter focuses on the sections that divided Article II, such as Section 1 that addresses the selection and perquisites of the president, and Section 4 that covers impeachment. It deals with the powers of the president, which are set forth in the first sentence of Article I of Section 1 called the “Vesting Clause” or the “Executive Power Clause.” It also mentions the second clause that enumerates two more prerogative powers, which are subjected to the advice and consent of the Senate. The chapter cites the additional presidential power found in Article I of Section 7 that underscores the legislative character of the presidential power. It discusses the Committee of Style and Arrangement that was led by Gouverneur Morris, which sculpted the organization of Article II. It covers Clause 1, Section 2 of Article II that vests the president with the Commander-in-Chief Power, the Opinions in Writing Power, and the Pardon Power.","PeriodicalId":252767,"journal":{"name":"The President Who Would Not Be King","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127014551","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ratification Debates","authors":"M. W. McConnell","doi":"10.23943/princeton/9780691207520.003.0007","DOIUrl":"https://doi.org/10.23943/princeton/9780691207520.003.0007","url":null,"abstract":"This chapter begins with the executive branch that attracted less attention than other issues and the controversy that had little to do with the details of presidential authority. It points out that there wasn't much discussion about what the various provisions bearing on executive power meant as participants focused on whether those powers were benign or dangerous. It also refers to the speakers who catalogued the powers of the executive that simply quoted or paraphrased the language of Article II, without any serious attempts at exposition. The chapter talks about Herbert Storing, the leading scholar of Anti-Federalist thought who noted that some Anti-Federalists defended the presidency and thought the office should have been made stronger as an antidote to the aristocratic Senate. It details five state-ratifying conventions that proposed more than fifty amendments related to the powers of the presidency, such as barring pardons in treason cases.","PeriodicalId":252767,"journal":{"name":"The President Who Would Not Be King","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133124898","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"ACKNOWLEDGMENTS","authors":"","doi":"10.2307/j.ctv11hprfg.4","DOIUrl":"https://doi.org/10.2307/j.ctv11hprfg.4","url":null,"abstract":"","PeriodicalId":252767,"journal":{"name":"The President Who Would Not Be King","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129905674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Two Classic Cases","authors":"M. W. McConnell","doi":"10.2307/j.ctv11hprfg.21","DOIUrl":"https://doi.org/10.2307/j.ctv11hprfg.21","url":null,"abstract":"This chapter reviews the text, history, and logical structure of Article II, which provides an objective answer on what approach makes any difference in deciding cases without any need to delve into issues of motive or policy. It covers two leading Supreme Court cases that pitted executive against congressional authority and fractured the Court into multiple opinions. It also discusses the Steel Seizure Case, an executive order that seized the United States' steel mills to impose a labor settlement that would avert a strike and keep armaments flowing to America's military. The chapter looks at Zivotofsky v. Kerry, the first and only case in American history in which the Court held that the President is constitutionally entitled to disobey a congressional statute based on his own supervening powers. It explains that passports are formal communications between the State Department and foreign nations, asking that an American citizen be given egress and protection.","PeriodicalId":252767,"journal":{"name":"The President Who Would Not Be King","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132391065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Conclusion","authors":"","doi":"10.2307/j.ctv11hprfg.24","DOIUrl":"https://doi.org/10.2307/j.ctv11hprfg.24","url":null,"abstract":"","PeriodicalId":252767,"journal":{"name":"The President Who Would Not Be King","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114169882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Other Prerogative Powers","authors":"M. W. McConnell","doi":"10.2307/j.ctv11hprfg.17","DOIUrl":"https://doi.org/10.2307/j.ctv11hprfg.17","url":null,"abstract":"This chapter focuses on the Convention and the Committee of Detail that addressed and allocated every prerogative power of the Crown to the president or to Congress or denied the power to the national government altogether. It looks at the significant categories of prerogative power and emphasizes that the framers' treatment of lesser powers is often interesting and revealing. It also mentions the Habeas Corpus Acts of 1640 and 1679 that effectively ended the practice of early monarchs asserting authority to imprison subjects without legal redress by guaranteeing judicial review. The chapter reviews the substantial prerogative powers of the king in his capacity as the supreme governor of the “Church by Law Established.” It identifies the prerogative powers that devolved upon the United States and eventually became nongovernmental.","PeriodicalId":252767,"journal":{"name":"The President Who Would Not Be King","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114207549","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Power to Control Law Execution","authors":"M. W. McConnell","doi":"10.2307/j.ctv11hprfg.15","DOIUrl":"https://doi.org/10.2307/j.ctv11hprfg.15","url":null,"abstract":"This chapter talks about the control over the enforcement and implementation of the law that was vested in the king as the supreme executive magistrate under the British constitution as understood by constitutional framers. It mentions criminal law enforcement and the entire edifice of taxation, spending, public health, trade regulation, and other matters that made up the British state where all offenses were prosecuted in the name of the king. It also refers to James Wilson, who stated in his writing in 1774 that the king is entrusted with the direction and management of the great machine of government. The chapter reviews the Articles of Confederation, in which states performed the function of law execution, even federal law execution. It discusses the concurrence of thirteen distinct sovereign wills that is requisite under the Confederation to complete the execution of every important measure that proceeds from the Union.","PeriodicalId":252767,"journal":{"name":"The President Who Would Not Be King","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115459897","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Short-Form Citations","authors":"M. Schmitt","doi":"10.1017/9781316822524.005","DOIUrl":"https://doi.org/10.1017/9781316822524.005","url":null,"abstract":"","PeriodicalId":252767,"journal":{"name":"The President Who Would Not Be King","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124259944","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Administrative State","authors":"M. W. McConnell","doi":"10.4324/9781315130859","DOIUrl":"https://doi.org/10.4324/9781315130859","url":null,"abstract":"This chapter illustrates the structure of the administrative state, which emerges as one of the main areas of focus among the Justices of the Supreme Court. It examines three of the most contentious issues to see what the structural logic of Article II has to contribute. It also cites the presidential constitutional review, under which the president can decide for himself that statutes passed by Congress are unconstitutional and use his powers to negate them. The chapter talks about the congressional delegation of power to executive agencies as the central feature of the modern administrative state. It explores executive agencies, like cabinet departments, that are headed by officers who are subject to removal at the pleasure of the president.","PeriodicalId":252767,"journal":{"name":"The President Who Would Not Be King","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130683214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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