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Presidential Powers, Part 2
Examines presidential powers unparalleled by a monarch, such as the veto and the Vesting Clause, as textual bases for broad executive authority including removal power and treaty negotiation.
Examines the scope of Article II executive powers, contrasting them with the limited authority of state governors and the unchecked power of English monarchs. Akhil Reed Amar explores the mechanics of the presidential veto, salary guarantees, the Vesting Clause as a textual root for residual executive authority, and the historical precedents set by Washington, Jefferson, and Lincoln. The discussion concludes with an analysis of Andrew Jackson's presidency and the democratic and pro-slavery currents embodied in antebellum America.
Referenced inYale Law School Open Course · LAW-CONST1 (2014)
Lecture Guide
- 1The presidential veto functions almost like a third branch of the legislature, historically serving as a powerful constitutional check on Congress.
- 2The Vesting Clause in Article II establishes a residuum of executive power beyond enumerated items, allowing for continuous, 24/7/365 stewardship of the nation.
- 3Unilateral presidential actions—such as Jefferson's Louisiana Purchase and Lincoln's suspension of habeas corpus—rely on continuous executive responsibility and are subject to post-hoc congressional approval.
- 4The presidency outstrips state governorships in power—particularly in military command and the unilateral pardon power—while remaining distinct from a monarchy through elections and the peaceful mechanism of impeachment.
Proofs, Examples & Demos