The Federal Executive Power

What is Inherent Presidential Power?

Authority claimed by the President that is not explicitly granted by the Constitution or Congress.

Youngstown Sheet & Tube Co. v. Sawyer

The president’s power is limited and must come from either the Constitution or an act of Congress

The Jackson Model

Maximum authority- President’s power is strongest when the president acts with congressional approval

Zone of twilight- President’s power is uncertain when Congress is silent, and the president acts on their own discretion

Lowest Ebb- President’s power is weakest when the president acts against the will of Congress

What is Executive Privilege?

President’s right to withhold information from Congress, the courts, or the public to protect confidentiality within the executive branch.

Inherent presidential power

Not absolute; can be overriden

Limits of Executive Privilege

Does not protect the President from legal accountability (due process and criminal investigations)

Can the President be sued?

Presidents are protected from certain lawsuits and prosecutions if it was an official act. Private acts are not protected.

Presidential Pardon Power

The President’s power to grant clemency by forgiving FEDERAL crimes and removing legal penalties.

Comes from Article 2 Section 2 of the Constitution

Types of clemency

Full Pardon – Completely forgives a federal crime.

Commutation – Reduces a sentence but does not erase the conviction.

Reprieve – Temporarily delays punishment.

Amnesty – A pardon for a group of people (e.g., draft dodgers).

What the president can pardon:

any federal criminal offense before or after conviction

individuals or groups (can be blanket pardon)

pardons can be issued at any time, even before charges are filed

The Nixon Pardon

A President can issue a pardon at any time, even before prosecution begins. There is no requirement that a person admit guilt before being pardoned.

The limits of the pardon power

President’s pardon power is BROAD and cannot be restricted by Congress

Can a President Pardon an Impeachment?

No. The Constitution explicitly bans pardons for impeachment

A pardon can erase criminal liability, but it cannot prevent impeachment or removal from office

Article 2 Section 2

During a presidential campaign, a candidate's campaign manager secretly engaged in activities that may have violated both state and federal laws. After the candidate was elected President, the FBI investigated the manager's activities as well as whether the President was involved. After the campaign manager was indicted in federal court, but before trial, the President granted a blanket pardon to the campaign manager for "all federal crimes that may have been committed in the past 20 years.

Yes, because the pardon power is an unqualified power (except as to impeachment).

What is the President’s Authority Over the Executive Branch?

Article II of the Constitution establishes the President as the head of the executive branch

Presidents power

Appoint key officials

Remove certain officials

Direct executive agencies

But congress can impose limits on some of these powers

Who Can the President Appoint?

With Senate confirmation, supreme court justices, cabinet members, ambassadors, federal judges

Congress May Delegate Appointments of Inferior Officers:

The President alone (without Senate approval).

Heads of executive agencies.

Federal courts.

Can the president fire officials?

The President can freely remove purely executive officers (e.g., Cabinet members).

Congress can protect independent agencies from removal without cause (e.g., FTC, SEC).

Congressional limits on executive authority

Congress cannot appoint executive officials or directly remove executive officials

Congress cannot use a legislative veto to block executive decisions

What can Congress do?

•Impose limits on removals for independent regulatory agencies (e.g., FTC, SEC).

•Set qualifications for appointments.

•Withhold funding for executive actions.