Article II: How To Keep One Person From Gaining Too Much Power – Jurisprudence Of Executive Power

Article II has played a significant role in shaping the American system of government.

Over the years, the powers of the President have been expanded and clarified through various court cases and constitutional amendments.

U.S. Supreme Court

There have been several court cases that have involved Article II of the Constitution. Here are a few notable examples:

Youngstown Sheet & Tube Co. v. Sawyer (1952):

This case involved President Harry Truman’s attempt to seize steel mills during the Korean War. The Supreme Court ruled that the president did not have the power to do so without authorization from Congress.

United States v. Nixon (1974):

This case involved President Richard Nixon’s claim that he had “executive privilege” to prevent the release of White House tapes that were being sought by prosecutors in the Watergate scandal. The Supreme Court ruled that the president’s claim of executive privilege was not absolute, and that he had to comply with a subpoena for the tapes.

Clinton v. Jones (1997):

This case involved a lawsuit filed by Paula Jones, who alleged that President Bill Clinton had sexually harassed her while he was governor of Arkansas. Clinton claimed that he was immune from civil lawsuits while he was in office, but the Supreme Court ruled that the lawsuit could proceed.

Hamdan v. Rumsfeld (2006):

This case involved the detention of Salim Ahmed Hamdan, who was accused of being a driver for Osama bin Laden. The Supreme Court ruled that the military commissions established by President George W. Bush to try detainees at Guantanamo Bay violated both the Uniform Code of Military Justice and the Geneva Conventions.

Boumediene v. Bush (2008):

This case involved the habeas corpus rights of detainees at Guantanamo Bay. The Supreme Court ruled that the detainees had a right to challenge their detention in US courts, and that the Military Commissions Act of 2006, which had stripped them of that right, was unconstitutional.

Trump v. Hawaii (2018):

This case involved President Donald Trump’s travel ban, which restricted travel to the United States by citizens of several predominantly Muslim countries. The Supreme Court upheld the travel ban, ruling that the president had the authority to restrict travel in the interest of national security.

These cases illustrate how Article II limits executive power in courts. They also demonstrate ongoing tensions between the powers of the executive branch and limits on those powers in the Constitution.