Executive-Legislative Conflicts

Executive-Legislative Conflicts

The powers of the Executive and Legislative branches of government are outlined in the Constitution and there is some degree of overlap, which ultimately leads to conflict between the two branches. For instance, both the president and the Congress have war powers. According to the Constitution, the president is the “…c ommander in chief of the Army, and Navy of the United States, and of the Militia of several states…” (Article 2, Section 2). Therefore, the president has the power to wage war. On the other hand, Congress has the power to declare war and controls funding for wars. Several presidents, including Presidents Truman, Johnson, Clinton, and Bush, have waged war without authorization from Congress, and thus have broken the law. When these and other conflicts arise between the executive and legislative branches of government, it is up to the courts to decide how they should be resolved. To do so, judges reference the Constitution and interpret the meaning of specific provisions when coming to a decision.

To prepare for this Discussion:

• Review the Constitution in Appendix E in the course text, Administrative Law and Politics: Cases and Comments. Consider the powers of the executive, legislative, and judicial branches. Think about how the executive and legislative powers overlap.
• Review the article, “The Use and Abuse of Power: The Supreme Court and the Separation of Powers.” Pay particular attention to the analyses of the Immigration and Naturalization Service v Chadha and Morrison v Olson cases. Think about the executive-legislative conflicts evident in each case and consider how the Supreme Court resolved the conflicts.
• Review the article, “The Supreme Court and the Powers of the Executive: The Adjudication of Foreign Policy.” Focus on the role of the Supreme Court in resolving executive-legislative conflicts related to foreign policy.
• Review the article, “Conflicts between the Commander in Chief and Congress: Concurrent Power over the Conduct of War.” Pay particular attention to how the Supreme Court intervened in executive-legislative conflicts regarding war powers.
• Using the Walden Library and/or the Internet, research one case discussed in the readings this week, or another of your choosing that involved an executive-legislative conflict.
• Consider arguments made by the executive and legislative members and/or groups.
• Think about how the Court came to a decision, noting how the Court justified the decision, using Constitutional provisions.

With these thoughts in mind:

Post by Day 3 a brief description of the case you selected. Then explain the arguments made by the executive and legislative members and/or groups. Be specific. Finally explain how the Court came to a decision, using specific Constitutional provisions. Again, be specific.

Note: Identify the case you selected in the first line of your post. You will be asked to respond to a colleague who selected a case that you did not.

Be sure to support your postings and responses with specific references to the Learning Resources.

Read a selection of your colleagues’ postings.

Respond by Day 5 to at least one of your colleagues’ postings in one or more of the following ways:

• Ask a probing question.
• Share an insight from having read your colleague’s posting.
• Offer and support an opinion.
• Validate an idea with your own experience.
• Make a suggestion.
• • Article: Devins, N. & Fisher, L. (2002). The steel seizure case: one of a kind? (Youngstown at fifty: a symposium). (President Trumans’ 1952 seizure of U.S. steel mills). Constitutional Commentary, 19, 63.
    
  • Article: Rottinghaus, B. & Maier, J. (2007). The power of decree: Presidential use of executive proclamations, 1977-2005. Political Research Quarterly, 60(2), 338-343.
    
  • Article: Samuels, D. J. & Shugart, M. S. (2003). Presidentialism, elections and representations. Journal of Theoretical Politics, 15(1), 33–60.
    
  • Online Article: Burger, A. J. (n.d.). United States v Nixon: Certiorari before judgment to the United States court of appeals for the District of Columbia circuit. Retrieved October 27, 2009, from http://www.law.cornell.edu/supct/html/91-740.ZS.html
    
  • Web Site: Index of Constitutional Provisions
    http://press-pubs.uchicago.edu/founders/indexes/constitutional_provisions_index.html