PSC 2302 Lecture Notes - Lecture 15: Article Two Of The United States Constitution, Implied Powers, Unitary Executive Theory
28 Oct 2017
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Implied powers are tied to the necessary & proper clause article 1. 8. In an effort to justify implied powers for the president vesting clause article ii. 7. How do they exercise power? executive orders, action, executive agreements: formal documents executing powers (important implied powers tied to cases: executive privilege) Stewardship theory: implied powers; anything not prohibited by the law/constituon. Strict constitution=whig/constitutional theory: (no power for the president) president is a ministerial office, no discretion. Derogative theory: (nixon) in times of crises, constitution can be placed aside and they can do what is necessary. Curtiss-wright corporation made planes and started exporting these war plane to countries at war for a good profit. Background: congress passes law giving president power to deal with south american war, president issues executive order - embargo n arms trade - criminal charged for breaching (fdr asks congress to pass this)
