cases q 3

In re Neagle (1890)

President can act without a statute to protect federal officials under the Take Care Clause.

Clinton v. City of New York (1998)

President cannot use a line-item veto because he must approve or reject entire laws.

Morrison v. Olson (1988)

Congress can limit presidential control over inferior officers without violating separation of powers.

Myers v. United States (1926)

President can remove purely executive officials without Senate approval.

Humphrey’s Executor v. United States (1935)

Congress can limit removal of independent agency officials with for-cause protection.

Trump v. Slaughter (2025)

Courts must follow Humphrey’s Executor, so the President cannot remove FTC commissioners at will.

Trump v. Cook (2025)

For-cause removal protections create due process rights requiring notice and a hearing before removal.

NLRB v. Noel Canning (2013)

Recess appointments are only valid during substantial Senate recesses, not short breaks.

Seila Law v. CFPB (2020)

A single powerful agency director cannot be protected from removal because it violates separation of powers.

Hampton v. United States (1928)

Congress can delegate power if it provides an intelligible principle.

INS v. Chadha (1983)

Congress cannot use a one-house veto because it violates bicameralism and presentment.

Bowsher v. Synar (1986)

Congress cannot control execution of laws by giving executive power to its own agent.

United States v. Curtiss-Wright (1936)

President has broad and independent power in foreign affairs.

The Prize Cases (1863)

President can act militarily when war exists in fact without a declaration.

Ex Parte Milligan (1866)

Civilians cannot be tried by military courts when civilian courts are open.

Ex Parte Quirin (1942)

Enemy combatants can be tried by military tribunals.

Korematsu v. United States (1944)

Court upheld wartime internment under strict scrutiny, though it is now widely discredited.

Youngstown Sheet & Tube Co. v. Sawyer (1952)

President cannot act without or against Congress, especially in domestic matters.

Youngstown Framework

Presidential power is strongest with Congress, weaker when Congress is silent, and weakest against Congress.

Dames & Moore v. Regan (1981)

Presidential action is valid when supported by congressional authorization or long-standing practice.

Learning Resources v. Trump (2026)

President cannot take major economic actions without clear congressional authorization under the major questions doctrine.

Zivotofsky v. Kerry (2015)

President has exclusive authority to recognize foreign nations.

Hamdi v. Rumsfeld (2004)

Detainees must receive due process and a meaningful opportunity to challenge their detention.