Does the Constitution assigns executive authority to the vice president?
Introduction The delegates to the Constitutional Convention of 1787 gave surprisingly little attention to the executive branch of government. In contrast to the protracted debates over the powers of Congress, the powers of the president were defined fairly quickly and without much discussion. This might in part be due to the reluctance of
delegates to offend George Washington, the presiding officer of the Convention, and the man all delegates assumed would be the nation's first president. As a result, one can study Madison's Notes of Debates without ever reaching a clear understanding of the scope of the authority the framers intended to give the executive. Justice Robert Jackson, commenting on the unclear Convention record, wrote that it was "almost as enigmatic as the dreams Joseph was called upon to interpret for
the Pharaoh." Show Despite the lack of attention given to the executive, historian Jack Rakove called the creation of the presidency the framers' "most creative act." In Article II of the new Constitution, the framers offered the world something entirely new: a chief executive whose power came from the people rather than heredity or force. The Constitution, however, provides little hint that the president would
become as powerful as he has in modern times. The framers obviously assumed that the legislative branch would be much more influential. Madison wrote that it would "rarely if ever happen that the excecutive constituted as ours is proposed to be would have firmness enough to resist the legislature." Among the delegates, only Alexander Hamilton strongly advocated an executive with the power to match the monarchs of Europe. Over the nation's long history, with only short interruptions, power has flowed increasingly to the Executive Branch. The reasons for this are numerous, but include the successful exercise of power by ambitious presidents from Lincoln to the two Roosevelts, the growth of the administrative state in the 20th century, and the realization that Congress is ill-suited compared to the President to make timely responses to national security
threats. Cases Youngstown Sheet & Tube Co. v Sawyer (1952) New York Times Co. v. United States (1971) Dames & Moore v Regan (1981)Medelln v Texas (2008) Our readings include four cases dealing with the breadth of executive power. Youngstown Sheet & Tube Co. v Sawyer (1952) arose when President Harry Truman, reponding to labor unrest at the nation's steel mills during the Korean War, seized control of the mills. Although a six-member majority of the Court concluded that Truman's action exceeded his authority under the Constitution, seven justices indicated that the power of the President is not limited to those powers expressly granted in Article II. Had the Congress not impliedly or expressly disapproved of Truman's seizure of the mills, the action would have been upheld. Justice Jackson, in a concurring opinion, outlined a tripartite test for determining whether a president is constitutionally exercising his impiled powers. Jackson's test has been used by the Court in subequent cases involving the exercise of executive power. [Note for UMKC law students: Harry Truman took "Constitutional Law" at our law school--he got a "B" in the course.]
The signing of the Louisiana Purchase treaty Thomas Jefferson read the powers of the Constitution narrowly. As Secretary of State under President Washington, Jefferson argued, unsuccessfully, that Constitution prohibited the establishment of a national bank or federal assumption of state debts. A decade later as President, Article. II.Section. 1.The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years.... Section. 2. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. Section. 3. Questions 2. In your opinion, does the Executive Branch today have too much power relative to the other two branches of government? Why or why not? 3. Do you think any specific recent exercises of presidential power have been problematic? 4. Justice Jackson's concurring opinion in Youngstown is often cited. What do you think of his analysis, which suggests that an exercise of presidential power is highly dubious when it conflicts with congressional action or policy, least dubious when it is consistent with congressional action or policy, and within a questionable "twilight zone" when congress has not spoken at all on the issue? Was the Emancipation Proclamation Constitutional? Congress, in July 1862, passed and Lincoln signed the "Second Confiscation Act." It liberated slaves held by "rebels," and was a step taken to undermine the Confederacy's war effort. The Emancipation Proclamation went further. Lincoln first discussed the proclamation with his cabinet in July 1862.... The final proclamation was issued in January 1863. The Proclamation declared as permanently freed all slaves in all areas of the Confederacy that had not already returned to federal control by January 1863. Although
implicitly granted authority by Congress, Lincoln used his powers as Commander-in-Chief of the Army and Navy, "as a necessary war measure" as the basis of the proclamation.
The Proclamation freed the slaves in the areas of the South that were still in rebellion. Practically, it initially freed only some slaves already behind Union lines. However, it effects spread as the Union armies advanced into the Confederacy. The Emancipation Proclamation also allowed for the enrollment of freed slaves into the United States military. During the war nearly 200,000 blacks, most of them ex-slaves, joined the Union Army. Their contributions gave the North additional manpower that was significant in winning the war. [Wikipedia] Which power does the Constitution give to the Vice President?The Constitution names the vice president of the United States as the president of the Senate. In addition to serving as presiding officer, the vice president has the sole power to break a tie vote in the Senate and formally presides over the receiving and counting of electoral ballots cast in presidential elections.
Does the Vice President have executive authority?The Vice President is also part of the Executive Branch, ready to assume the Presidency should the need arise. The Cabinet and independent federal agencies are responsible for the day-to-day enforcement and administration of federal laws.
What duties does the Constitution assigned to the Vice President?Other than to succeed to the presidency upon the death or resignation of a president, a vice president's only constitutional duty is to preside over the Senate. Vice presidents cannot vote in the Senate, except to break a tie, nor may they formally address the Senate, except with the senators' permission.
Who approves a Vice President?Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
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