Separation of Powers

ALA Schechter Poultry v US

Poultry co charged by exec office for bad business practices

SC declared law giving exec power to regulate unconstitutional

Congress may regulate interstate commerce, but not purely intrastate activity with only an indirect effect on other states, and it can’t hand its lawmaking power to the President.

US v Curtiss-Wright Export

Congress passed a joint resolution letting the President ban arms sales to countries at war, and a company was indicted for selling weapons in violation of the ban.

Upheld - President can have broad power over foreign affairs

Grundy v US

The government can’t take someone’s property without proper legal process (Fifth Amendment Due Process).

INS v Chadha

C overstayed visa but requests suspension of deportation

Congress created a “legislative veto” letting one House block the Attorney General’s decision to let an immigrant stay

SC said fuck no

Both houses power only

Clinton v City of NY

line item veto power to president

SC said no, President can only sign or reject an entire bill

Bowsher v Synar

Congress gave an official power to cut the federal budget but made that official removable only by Congress.

unconstitutional b/c Congress can’t control someone who enforces laws

Executing laws is an executive job, so only the President should control (and remove) executive officers

Myers v US

Congress passed a law saying certain postmasters could be removed only if the President and the Senate approved — but the President removed one anyway

law’s removal restriction was unconstitutional, so the President was allowed to fire that postmaster unilaterally.

Faithful execution includes ability to control/remove exec offices

Selina Law LLC v Consumer Financial Protection Bureau

CFPB investigated a law firm, and the firm said the CFPB director was too protected from being fired.

Supreme Court said the firing protection was unconstitutional, but the CFPB could keep operating.

Presidents must be able to fire single leaders of powerful executive agencies.