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U.S. Constitution and the Executive Power Lim, Ji-bong* Art. 2 of U.S. Constitution has detailed provisions on the selection, composition and the powers of the federal Executive led by the President. The purports of Art. 2 on the federal Executive power are interpreted by the federal judiciaries such as U.S. Supreme Court and the judicial interpretation plays an important role in deciding the contents and the extents of the federal Executive power in relations to the interpretations of Art. 1 and Art. 3 of U.S. Constitution which are on the Congress and the federal judiciary each. This study aims at exploring the contents, extents and limitations of federal Executive power in U.S. Constitution by looking over the exemplary cases of U.S. Supreme Court interpreting the relevant constitutional provisions as well as U.S. Constitution itself. The exemplary cases which this study focuses are Youngstown Sheet and Tube Co. v. Sawyer(323 US 579) in 1952 that restricted the legislative powers of the President, United States v. Nixon(418 US 683) in 1974 which denied the application of the Executive Privilege in the case, Buckley v. Valeo(424 US 1) in 1976 that denied the appointment power of federal officers by Congress, Morrison v. Olson(487 US 654) in 1988 which made possible the interbranch appointment of low-ranked federal officers, and Clinton v. City of New York(524 US 417) in 1998 that denied the Line Item Veto power of the President. By analyzing the above cases, this paper categorizes the federal Executive power into three powers which are internal powers, external powers, and Executive Privileges and immunities. Concerned with the internal powers, restricted legislative power by the federal Executive, presidential veto power, and the appointment and removal power of the President will be examined, and the effects which the separation of power doctrine gives to the exercises of the internal Executive power will be explored. As for the external powers, presidential powers on the diplomacy, making treaties and executive agreements, and the war will be explored in details.


U.S. Constitution and the Executive Power Lim, Ji-bong* Art. 2 of U.S. Constitution has detailed provisions on the selection, composition and the powers of the federal Executive led by the President. The purports of Art. 2 on the federal Executive power are interpreted by the federal judiciaries such as U.S. Supreme Court and the judicial interpretation plays an important role in deciding the contents and the extents of the federal Executive power in relations to the interpretations of Art. 1 and Art. 3 of U.S. Constitution which are on the Congress and the federal judiciary each. This study aims at exploring the contents, extents and limitations of federal Executive power in U.S. Constitution by looking over the exemplary cases of U.S. Supreme Court interpreting the relevant constitutional provisions as well as U.S. Constitution itself. The exemplary cases which this study focuses are Youngstown Sheet and Tube Co. v. Sawyer(323 US 579) in 1952 that restricted the legislative powers of the President, United States v. Nixon(418 US 683) in 1974 which denied the application of the Executive Privilege in the case, Buckley v. Valeo(424 US 1) in 1976 that denied the appointment power of federal officers by Congress, Morrison v. Olson(487 US 654) in 1988 which made possible the interbranch appointment of low-ranked federal officers, and Clinton v. City of New York(524 US 417) in 1998 that denied the Line Item Veto power of the President. By analyzing the above cases, this paper categorizes the federal Executive power into three powers which are internal powers, external powers, and Executive Privileges and immunities. Concerned with the internal powers, restricted legislative power by the federal Executive, presidential veto power, and the appointment and removal power of the President will be examined, and the effects which the separation of power doctrine gives to the exercises of the internal Executive power will be explored. As for the external powers, presidential powers on the diplomacy, making treaties and executive agreements, and the war will be explored in details.