STUDY TIPS

  1. Start the study of executive control with a review of the provisions of Article II of the U.S. Constitution which gives the president power to control administrative agencies. Some of these powers are the power to appoint the heads of the agency, power to veto bills, power to issue executive orders, and power to execute laws.
  2. Governors of the states have similar powers to that of the president. Many governors have the power to actually rescind or veto regulations, which are powers that the president does not have.
  3. The president’s line item veto was declared unconstitutional in the case of Clinton v. New York, 524 U.S. 417 (1998) because Article I, Section 7, Clause 2 of the U.S. Constitution requires that the president sign or veto the entire bill that is presented to him.
  4. The president exerts power over the budgets of the agencies by the submission of an annual presidential budget which is prepared by the Office of Management and Budget (OMB).
  5. Read over very carefully the materials on the appointment and removal power and the constitutional issues of separation of powers. Key cases in this area include Buckley v. Valeo, 424 U.S. 1 (1976), Morrison v. Olson, 487 U.S. 654 (1988), and Bowsher v. Synar, 487 U.S. 106 (1986).
  6. Presidents and governors have the power to control agencies through issuance of executive orders. Executive orders do not have to be approved by Congress or a statue legislature, but they must be within the authority of the U.S. Constitution or if issued by a governor within that state’s constitution.
  7. In your study of executive orders be sure to study the case of Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 578 (1952), which is known as the Steel Seizure case. Note the concurring opinion of Justice Jackson which is the framework for analysis of presidential power generally and the use of executive orders.
  8. Presidents and governors are the heads of the executive branch and exert power over the agencies by setting policy.
  9. Note Exhibits 8-2 through 8-5. The president set policy in these orders. This policy was a change from previous administrations.
  10. Presidents can pardon persons with respect to violations of federal law. See Exhibits 8-6 and 8-7 which are presidential pardons issued by Carter and Bush.