EXECUTIVE DEPARTMENT

Section 1. The President: Page
Clause 1. Powers and term of the President [377]
Nature and scope of Presidential power [377]
Contemporary source of the Presidency [377]
Presidency in the federal convention [378]
Executive power; Hamilton's contribution [378]
Myers case [379]
Curtiss-Wright case [380]
Theory of the Presidential office [380]
Term of four years [382]
Anti-third term tradition [382]
Clauses 2, 3, 4, 5, 6, 7, and 8. Election, qualifications, succession, compensation, and oath of the President [383]
Maintenance of the office of President [384]
"Electoral college" [384]
Constitutional status of electors [385]
"Natural-born citizen" [386]
Presidential succession [387]
Act of 1792 [387]
Acts of 1886 and 1947 [388]
Compensation and emoluments [388]
Oath of office [388]
Effect of the oath [389]
Section 2. Powers and duties of the President [389]
Clause 1. Commander in chiefship; opinions from heads of departments; pardons [389]
Commander in chiefship [389]
Historical [389]
Prize cases [390]
Impact of the Prize cases on World Wars I and II [391]
Presidential theory of the commander in chiefship in World War II [392]
Presidential war agencies [393]
Constitutional status of Presidential agencies [394]
West Coast Japanese [394]
Act of March 21, 1942 [395]
Presidential government of labor relations [395]
"Sanctions" [397]
Constitutional basis of sanctions [397]
Martial law and constitutional limitations [398]
Martial law in Hawaii [400]
Case of the Nazi saboteurs [401]
War crimes cases [402]
President as commander of the forces [403]
Commander in chief a civilian officer [404]
Presidential advisers [405]
The Cabinet [405]
Pardons and reprieves [406]
Legal nature of a pardon [406]
Qualification of above theory [407]
Scope of the power [408]
"Offenses against the United States"; contempt of court [408]
Effects of a pardon: Ex parte Garland [409]
Limits to the efficacy of a pardon [410]
Congress and Amnesty [411]
Clauses 2 and 3. Treaties and appointment of officers [412]
Treaty-making power [412]
President and Senate [412]
Negotiation a Presidential monopoly [412]
Treaties as law of the land [413]
Origin of the conception [414]
Treaty rights versus State power [415]
Recent cases [417]
When is a treaty self-executing; when not [417]
Constitutional freedom of Congress with respect to treaties [418]
Treaty-making power and revenue laws [419]
Congressional repeal of treaties [420]
Treaties versus prior acts of Congress [421]
Interpretation and termination of treaties as international compacts [423]
Termination of treaties by notice [423]
Determination whether a treaty has lapsed [425]
Status of a treaty a political question [426]
Treaties and the "necessary and proper" clause [426]
Constitutional limits of the treaty-making power: Missouri v. Holland [428]
Indian treaties [431]
Present status of Indian treaties [432]
International Agreements without Senate approval [433]
Routine executive agreements [433]
Law-making executive agreements [434]
President McKinley's contribution [435]
Executive agreements affecting Far Eastern Relations [436]
International obligation of executive agreements [436]
Litvinov agreement of 1933 [437]
United States v. Belmont [437]
United States v. Pink; National supremacy [438]
Hull-Lothian agreement, 1940 [439]
War-time agreements [440]
Executive agreements by authorization of Congress [441]
Reciprocal trade agreements [441]
Constitutionality of trade agreements [442]
Lend-Lease Act [443]
President plus Congress versus Senate [443]
Arbitration agreements [444]
Agreements under the United Nations Charter [444]
United Nations Participation Act [445]
Executive establishment [445]
"Office" [445]
"Ambassadors and other public ministers" [445]
Presidential diplomatic agents [447]
Congressional regulation of offices [449]
Conduct in office [450]
The loyalty issue [451]
Legislation increasing duties of an officer [452]
"Inferior officers"; "employees" [452]
Stages of appointment process [453]
Nomination [453]
Senate approval [453]
When Senate consent is complete [453]
Commissioning the officer [454]
Recess appointments [455]
Ad interim designations [455]
Removal power; Myers case [455]
"Nature of the office" concept [458]
Humphrey case [458]
Other phases of the removal power [459]
Presidential aegis [460]
Section 3. Legislative, diplomatic, and law enforcement duties of the President [462]
Legislative role of the President [462]
Right of Reception [463]
Scope of the power [463]
A Presidential monopoly [464]
"The Logan Act" [464]
A formal or a formative power [465]
President's diplomatic role [465]
Jefferson's real position [466]
Power of recognition [467]
The case of Cuba [468]
Power of nonrecognition [469]
President and Congress [470]
Congressional implementation of Presidential policies [471]
Doctrine of political questions [471]
Recent statements of the doctrine [473]
The President as law enforcer [475]
Types of executive power [475]
How the President's own powers are exercised [476]
Power and duty of the President in relation to subordinate executive officers [478]
Administrative Decentralization v. Jacksonian Centralism [478]
Congressional Power v. Presidential Duty to the Law [479]
Myers Case v. Humphrey Case [480]
Power of the President to guide enforcement of the penal law [481]
President as law interpreter [481]
Military power in law enforcement: the posse comitatus [482]
Suspension of Habeas Corpus by President [484]
Preventive martial law [484]
Debs case [484]
Status of the Debs case, today [485]
President's duty in cases of domestic violence [486]
President as executive of the law of nations [486]
Protection of American rights of person and property abroad [487]
Presidential world policing [488]
The Atlantic Pact [488]
Presidential action in the domain of Congress: Steel Seizure Case [489]
Presidential immunity from judicial direction [499]
President's subordinates and the courts [500]
Section 4. Impeachment [501]
Impeachment [501]
"Civil" officer [501]
"High crimes and misdemeanors" [502]
Chase impeachment [502]
Johnson impeachment [503]
Later impeachments [503]