The powers of the Executive and Legislative branches of government are outlined in the Constitution and there is some degree of overlap, which ultimately leads to conflict between the two branches. For instance, both the president and the Congress have war powers. According to the Constitution, the president is the "...c ommander in chief of the Army, and Navy of the United States, and of the Militia of several states.Therefore, the president has the power to wage war. On the other hand, Congress has the power to declare war and controls funding for wars. Several presidents, including Presidents Truman, Johnson, Clinton, and Bush, have waged war without authorization from Congress, and thus have broken the law. When these and other conflicts arise between the executive and legislative branches of government, it is up to the courts to decide how they should be resolved. To do so, judges reference the Constitution and interpret the meaning of specific provisions when coming to a decision.
To prepare for this Discussion:
- Review the Constitution in Appendix E in the course text, Administrative Law and Politics: Cases and Comments. Consider the powers of the executive, legislative, and judicial branches. Think about how the executive and legislative powers overlap.
- Review the article, "The Use and Abuse of Power: The Supreme Court and the Separation of Powers." Pay particular attention to the analyses of the Immigration and Naturalization Service v Chadha and Morrison v Olson cases. Think about the executive-legislative conflicts evident in each case and consider how the Supreme Court resolved the conflicts.
- Review the article, "The Supreme Court and the Powers of the Executive: The Adjudication of Foreign Policy." Focus on the role of the Supreme Court in resolving executive-legislative conflicts related to foreign policy.
- Review the article, "Conflicts between the Commander in Chief and Congress: Concurrent Power over the Conduct of War." Pay particular attention to how the Supreme Court intervened in executive-legislative conflicts regarding war powers.
- Using the Walden Library and/or the Internet, research one case discussed in the readings this week, or another of your choosing that involved an executive-legislative conflict.
- Consider arguments made by the executive and legislative members and/or groups.
- Think about how the Court came to a decision, noting how the Court justified the decision, using Constitutional provisions.