reaching difficult Vesting Clause issues. . The Founders were especially concerned about the dangers involved in the selection of the president, and they counted on the Electors to block the election of a demagogue. And as Barron and Lederman explain, more than 200 years of usage and court precedents reflect the view that the Commander in Chief Clause does confer broad substantive war powers on the President. To this point, the courts have not yet come up with an answer to this question.
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Concerns with centering too much power in the Presidency also arise in relation to whether Presidents must comply with and defend laws that they believe are unconstitutional. United States (1935 the Court held that Congress could limit the Presidents ability to remove a commissioner. President Bushs lawyers argued for similarly broad authorities to ignore acts of Congress regulating presidential actions, relying after 9/11 on the Presidents duties as Commander in Chief as well as on the allegedly expansive content of the Vesting Clause. Despite the State of the Union Clause, the executive is increasingly unwilling to share information with Congress. Full Text The President's Exclusive Power to Direct Military Operations by Michael. Whittington The impeachment power exists at the far margins of American constitutionalism. The senators simply concluded that he was guilty as charged, and voted to remove him from office. That is an important class of misdeeds, but it seems unlikely that it would capture the full range of behavior that might put the public good in immediate jeopardy. Federal judges are appointed, not elected, and enjoy life tenurethat is, unlike a President who serves a four-year term, federal judges serve until they die or decide to retire. Moreover, the practice goes back to Thomas Jefferson, when he refused to continue benjamin fifth thesis prosecuting individuals for violations of a statute he believed to be unconstitutional.