S/P: Pwr of Purse, Appt, Removal, Immunities, Impeachment,
Pwr of Purse
- Const. 4 Cong.
- Clear Gen. Princ. that Cong. has pwr & if not give Pres.
$, then Pres. can't act
- Double Tier Process of Auth'ing & Approp'ing Before 1973
- Auth. leg. enacted
- Funds approp'ed 4 that purpose
- After approp. leg, then Pres. auth's & sets up programs
- Budget & Imppounding Control act of 1973
- Prob. of no coordination so req'ed auth'ing committee simultaneously
- Cong. Pwr of Purse
- Only way Pres. can get $ except when rel. 2 plenary Pres.
pwrs like negotiations
- Pwr of purse checks on plenary Pres. pwr like war
- Pres. tries 2 avoid spending $ that Cong. wants 2 spend is
- Pres. has duty 2 exec. laws 2 spend things that Cong. wants
- Pres. lacks plenary pwr 2 impound
- Train v. NY: category 3 case where Cong. opposed & dir'ed
Pres. 2 spend in statute
- Budget Act When Cong. Silent
- Cong. adopts simple resolution 2 prohibit Pres. from impounding
but leg. veto so unConst'al
- Joint resolution passed in cert. X so o.k.
- Purse Pwr v. CIC
- Clash of 2 plenary pwrs
- Quest. on Where Cong. Pwr Ends & Exec. Pwr Begins
- Plenary Pres. Pwr
- Cong. can't approp. pwr 2 itself
- When appointees engage in adm & exec. fn's
- Indep. Counsel Appt'ed by Cong.
- Morrison v. Olson's Test 4 S/P (no indep. counsel
by Cong. w/o Pres.)
- Cong. not involve 2 incr. own pwr @ the expense of exec.
- No jud. usurpation of properly exec. fnx
- Not impermissbly undermine other branch's pwr / disrupt the
balance of branches
- Scalia's Test: case by case look @ mini doc's
/ specif. provisions of Const. 2 resolve conflicts by textual
elements so Const. Text & Framers' Intent
- Judges Appt'ed by Pres. 4 Sentencing Guideline Picked by Cong.
- Mistretta v. US
- Judge w/fn's outside Jud. by normalizing sentencing
- Custom & Fn'sm
- Judges R experts, etc.
- Jud. did things unrel'ed 2 Art III like Warren Commission,
Jay Treaty, etc.
- Chadha Arg.: Commission like jr. Cong. so should go Pres.
- Officers of US
- Buckley v. Valeo (FECA: Mixed Origins of Pres & House)
- Can't have quasi exec. fn's & not B appt'ed by Pres. &
confirmed by Sen.
- Removal Pwr
- Plenary Pres. Pwr
- Let exec. branch operate eff'ly & fulfill Const. fn's
so Cong. can't approve firing (Myers v. US)
- Removal pwr is incidental 2 Appt Pwr
- Category 3 Precedent: Humphrey's Exec'or v. US
- Impure exec. fn where quasi leg & jud. fns
- Pres. can fire if control acts but Cong. can insulate from
- Precl. removal 4 causes not specified
- Category 2 Precedent: Wiener v. US
- Pres. can't remove unless Cong. expressly says so
- Pres. can also act if has plenary pwr
- Bowsher v. Synar
- Balancing budget is Pres. job so GAO can't B dismissed by
concurr. of Cong. / can't do exec. fn
- Exec. Privilege
- After Subpoenas
- Keep in Captivity of Sen. or
- Send 2 US Justice Dept 4 option 2 prosecute
- Crim Proced. Stand.: US v. Nixon
- Gen'ed int. of confidentiality not prevail against part'ed
need of subpoena
- Only address conflict btwn Pres's gen'ed priv. v. Const. need
4 evid. in crim. trial
- Not know about leg. subpoena & need v. Pres. need 4 confidentiality
- US v. Sirica
- Only interbranch affair case
- Stand: doc's demonstrably critical 2 proper leg. fn. of Cong.
so high stand.
- Military Diplomatic Secret
- Exec. priv. valid
- Judge det's b/c can't trust Pres. & committee may leak
- Leg. Immunity
- Priv'ed Sen. Record
- Marbury v. Madison precedent
- Testifying on Empl.
- Can B in contempt of Sen. but gen'ly gets permission so not
- Speech & Debate Clause
- Act intrisic 2 leg. process priv'ed
- Press conf. not intrinsic of legislative process so not protected
(Hutchinson v. Proxmire)
- Not protect acts rel. 2 leg. process
- Staff Members Priv'ed (Gravel v. US)
- If act as alter ego of leg.
- Only protect staff activity rising 2 the level of leg. act
- Pub. Priv'ed but not Republising
- Hard 2 disting. somtimes (Doe v. McMillan)
- Start in House of Rep which impeaches & det. if indictment
- Sen. acts as trier of fact
- Impeachable Crime: Art I §3, cl6
- Officer committed high crime / misdemeanor
- Ex. of Pres. committing purgery / obstruct justice
- Not know if exec. priv. incorrect, contempt is high enough
4 high crime / not
- Jud. Not Involved
- Only House & Sen. has sole pwrs 2 impeach & try
- Nixon v. US (Judge)
- Issue of "Sole" Pwr
- Resolve word meanings by both old meaning & contemp. meanings
- Souter (Min.)
- Can't just convict w/o going through some form of trial
- Abuse of discretion then so need jud. intervention if such
- Polit. Quest. so NO Jud. Rev.
- Term Limits
- US Term Limits Inc. v. Thornton
- Powell Case said can't impose own qualif. but wasn't an interbranch
- State didn't have rt. before creating Cosnt. so can't retain
rt. it didn't have by maj.
- Policy arg's that polit. process broken down & incumbents
win but that doesn't make it Const'al
- Fn'al Consid.
- Democracy princ. & term limits undercuts dem.
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