Federalist 70, Citizens United v FEC & NYT v US

What does Hamilton argue for?

A strong executive leader and single executive branch. A single executive allows stronger authority and stronger supervision.

Purpose of the Power of the President

To provide energy, secrecy and dispatch seen in monarchs

Purpose of the Executive

Provide for the common or public good

Responsibilities of the President

Protect against foreign attack, administer laws, and protect property, and secure liberty

Other key points

One executive = Less expenses, more accountability, the ability to act fast

New York had a single executive which worked well

Facts of the Case: NYT v US

Too place during the Late 1960's and early 1970's during the Vietnam War. NYT leaks the reality of war which was attempted to be hidden by the Nixon Administration. The Nixon Administration attempts to get these papers removed.

Issue: NYT v US

1st Amendment (Protection of the Freedom of the Press)

Holding/Precedent: NYT v US

In favor of NYT. Prior restraint, attempt to get papers removed before they are published, violates the NYT's 1st Amendment right of free press. Censorship on the press is extremely hard to justify.

Facts of the Case: Citizens United v FEC

-The Bipartisan Campaign Finance Act was passed in 2002 limiting the amount of donations given to political candidates

-A corporation created a movie about Hillary Clinton with the intention of kicking her out of the presidential race

-The movie couldn't be released because of BCRA's prohibition against electioneering communication by corporations

Issue: Citizens United v FEC

1st Amendment (Protection of Free Speech)

Holding/Precedent: Citizens United v FEC

In favor of Citizens United. The corporation had the right to publish the movie. BCRA's prohibition of electioneering communication by corporations is unconstitutional. Restraints on corporations to run political advertisements and communications are similar to government censorship of speech.