Constitutional Law Chapter 5: Judicial Review (Part 2)

Executive Orders and Actions. Executive orders are directives issued by the President to manage federal government operations. These orders have the force of law but do not require congressional approval. They are used for: Administrative Directives: Directing federal agencies and managing administrative functions. Example: President Abraham Lincoln’s Emancipation Proclamation. Policy Implementation: Addressing issues or implementing policies when legislative action is lacking. Example: President Franklin D. Roosevelt’s Executive Order 9066 during World War II. Limitations: Executive orders cannot create new laws or appropriate funds and are subject to judicial review and potential reversal by successor administrations. Example: President Donald Trump’s executive orders on immigration faced numerous legal challenges and partial blocks by federal courts. Foreign Affairs and Treaty-Making. The President plays a crucial role in foreign affairs and treaty-making, with authority derived from Article II, Section 2 of the Constitution. This includes: Chief Diplomat: Representing the U.S. in international relations, negotiating treaties, and conducting diplomacy. Example: President Richard Nixon’s historic visit to China in 1972. Treaty-Making: Negotiating treaties that require Senate approval to become legally binding. Example: The North Atlantic Treaty, establishing NATO, signed by President Harry Truman in 1949. Executive Agreements: Entering into agreements with other countries that do not require Senate approval. Example: The 2015 Paris Agreement on climate change, entered into by President Barack Obama. The chapter underscores the strategic importance and broad scope of the President’s executive powers, highlighting their impact on national governance, international relations, and the overall functioning of the federal government.