Constitutional Crises and Executive Branch Overreaching - PowerPoint PPT Presentation

Loading...

PPT – Constitutional Crises and Executive Branch Overreaching PowerPoint presentation | free to download - id: 54fcc5-ODc1N



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

Constitutional Crises and Executive Branch Overreaching

Description:

Constitutional Crises and Executive Branch Overreaching Phil Weiser University of Colorado School of Law June 17, 2009 * * * Overview My Top Ten List Balance of Power ... – PowerPoint PPT presentation

Number of Views:61
Avg rating:3.0/5.0
Slides: 18
Provided by: PhilW
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: Constitutional Crises and Executive Branch Overreaching


1
Constitutional Crises and Executive Branch
Overreaching
  • Phil Weiser
  • University of Colorado School of Law
  • June 17, 2009

2
Overview
  • My Top Ten List
  • Balance of Power and Separation of Powers
  • Overarching Themes of Executive-Judicial Branch
    Conflicts
  • The Most Dangerous Branch?

3
  • Counting Down . . .

4
10
5
9
6
8
  • John Marshall has made his decision, now let him
    enforce it

7
7
8
6
  • "The privilege of the Writ of Habeas Corpus shall
    not be suspended, unless when in Cases of
    Rebellion or Invasion the public Safety may
    require it."

9
5
10
4
11
3
12
2
13
1
14
Separation of Powers v. Balance of Powers
  • In a true balance of powers case, the legislative
    and executive branch can battle it out using
    tools provided to one another.
  • In the case of a war waged with a declaration of
    war, Congress has the ability to cut off funds
    for the war. Congress has sought to limit
    executive prerogatives with the War Powers Act.
  • In separation of powers, the courts will step in
    to prevent the executive branch from exercising
    legislative power (i.e., lawmaking) and vice
    versa.
  • In practice, this doctrine has operated more to
    limit legislative power (including preventing the
    legislative veto from being used) than executive
    branch power (because of the lack of a
    non-delegation doctrine). The exception is the
    line item veto.

15
Overarching Themes
  • Cases generally arise when executive branch acts
    without legislative or constitutional authority
    (Article II power at lowest ebb).
  • Military or security threats are often premise
    for executive branch claims of authority, under
    Commander-in-Chief clause or inherent
    authority.
  • Judiciary more likely to act after the fact,
    i.e., once the exigency is passed. But see
    Pentagon Papers case.
  • The complexities of modern social and economic
    problems have led to an accretion of executive
    branch authority. See TARP.

16
The Most Dangerous Branch?
  • The checks on the executive branch depend on an
    active legislative branch (i.e., willing to
    investigate), an effective press (e.g., Woodward
    and Bernstein), and an engaged public.
  • The judiciary will only rarely be willing to
    conclude that the President has violated the law
    and, even then, almost certainly after the damage
    is done.

17
Questions?
About PowerShow.com