Executive Power & Separation of Powers

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

Facts: Truman ordered seizure of steel mills during labor dispute to prevent strike disrupting Korean War.

Holding: No statute or constitutional power to do this.

Rule: Presidential power at lowest ebb when acting contrary to congressional will; executive action must stem from constitutional provision or statute.

Hamdi v. Rumsfeld (2004)

Facts: US citizen captured in Afghanistan designated "enemy combatant" and detained without formal charges or proceedings;

Rule: Due process requires balancing individual's liberty interest against government's asserted interest; war powers do not give President blank check regarding rights of citizens.

Boumediene v. Bush (2008)

Facts: Non-citizen Guantanamo detainees challenged constitutionality of Military Commissions Act denying federal courts jurisdiction over habeas petitions.

Holding: MCA unconstitutional.

Rule: Suspension Clause. Constitution's extraterritorial application depends on practical considerations, not formal sovereignty.

Morrison v. Olson (1988)

Facts: Independent counsel appointed by court, removable by Attorney General only for "good cause"; challenged.

Rule: Sep of Powers. Limited "good cause" restriction on President's removal power allowed for inferior officers with limited jurisdiction and tenure.

Free Enterprise Fund v. Public Company Accounting Oversight Board (2010)

Facts: Public Oversight Board members removable by both Pres and SEC only for good cause;

Holding: Unconstitutional.

Rule: Double layer of tenure protection violates separation of powers restricts presidential control; President must have ability to hold those executing laws accountable.

NLRB v. Noel Canning (2014)

Rule: President may make recess appointments during breaks of sufficient length; pro forma sessions where Senate technically meets prevent recess appointments.

Seila Law LLC v. Consumer Financial Protection Bureau (2020)

Facts: CFPB single Director removable by Pres only for inefficiency, neglect, malfeasance.

Rule: For-cause removal restrictions allowed only for multi-member bodies and inferior officers with limited duties; unconstitutional for single-director agencies.

Collins v. Yellen (2021)

Facts: Federal Housing Agency had single Director removable only for cause;

Rule: Pres’s removal power extends to heads of single-director agencies regardless of agency's market participation or lack of regulatory authority.

United States v. Arthrex, Inc. (2021)

Facts: Patent owner challenging Administrative Patent Judge authority as violating Appointments Clause.

Holding: Appointments clause violated. Structure unconstitutional; inferior officers cannot issue final decisions without principal officer review.

United States v. Nixon (1974)

Rule: President's generalized confidentiality interest yields to specific need for evidence in criminal proceedings; courts can review executive privilege claims.

Nixon v. Fitzgerald (1982)

Facts: Air Force pilot fired, sued President Nixon for role in dismissal.

Rule: Separation of powers. Presidents absolutely immune from civil damages liability for official acts.

Clinton v. Jones (1997)

Facts: Jones filed civil suit against Pres Clinton for sexual harassment occurring before presidency.

Holding: No temporary immunity from suit for unofficial acts occurring before presidency.

Rule: President subject to civil suits for unofficial conduct predating presidency; litigation may proceed while President in office.

Trump v. Vance (2020)

Facts: NY DA subpoenaed Trump’s tax records as part of criminal investigation;

Holding: Pres not absolutely immune from state criminal subpoena process.

Rule: Article II and Supremacy Clause don't categorically preclude state criminal subpoenas; President may raise specific privilege claims against specific subpoenas.

Trump v. United States (2024)

Facts: Trump 2020 election fraud;

Holding: Presidents have absolute immunity for core constitutional powers and presumptive immunity for official acts; no immunity for unofficial acts.

Rule: President has presumptive immunity from criminal prosecution for acts within outer perimeter of official responsibility; government must show applying criminal prohibition poses no danger to exec branch.

Korematsu v. United States, 323 U.S. 214 (1944)

Rule: Racial classifications subject to strict scrutiny but may be justified by pressing public necessity; war and national security can constitute such necessity.