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L3 Science Politique-Droit
Anglais Institutionnel / 2016-2017
M. Roy CARPENTER

AMERICAN POLITICAL INSTITUTIONS

THE IROQUOIS CONSTITUTION

Influence on American constitution, in function today, developed democratic ideas with Poland because of the invasion of Vikings.

1. WHO WERE THE IROQUOIS?

 "Iroquois” = Algonquin for a kind of snake word that comes from their enemy (injury but today it’s ironic),
 Haudenosaunee : people of the long house

They have invented the game called Lacrosse (HOCKEY?)

 The confederacy was composed of 5 nations, Then 6 :

- Mohawk
- Oneida
- Onondaga
- Cayuga
- Seneca
- After 1722, the Tuscarora tribe joined.

2. THEIR GEOSTRATEGIC POSITION

NY State, part of North America, live in the Finger Lakes region

Between France and Britain possession – état tampon =-Buffer state

Iroquois five nation before 1722 :

The Finger Lakes Region

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Contemporay quotes :

- “The Iroquois are the bulwark between us and the French” – governor of the colony of NY

-“The balance of the continent of North Am is in the hands of the Iroquois”- the NY Indian commissioners

 very good speakers, diplomacy

Power relations in NA 18th century perspective:

- “We are born free (and we only allow passage through our land only to) those who seem to us good” – La Grande gueule,
Iroquois sachem, speaking to the French governor in Quebec Champlain.

3. THEIR FOUNDATIONAL MYTH

Hiawatha The Unifier

- The Iroquois distinguished themselves from other peoples by their confederacy they were “The Six Nations”

-Problems with European Native American Relations:

 Notion of Land ownership

 Notion of Political authority

- Each tribe has it particularity, which is respected (§1)

“The holder of the heavens gave his time to the instruction of his children, and to each family he imparted some distinctive skill.
To the Senecas he gave the power of swift feet, and they could soon outrun any animal in the forest. The Cayugas became skilled
in the use of the canoe, and glided over the waters more rapidly than the skimming birds or darting fish. The Onondagas were
instructed in all the laws and wishes of the Great Spirit and had power to speak his mind. The Oneidas became skilful in ways of
making weapons, of the building of houses and the weaving of baskets. The Mohawks were taught to shoot their arrows with surer
aim than all the others, and could snare the fish from the streams with wondrous skill.”

-The incarnation of God (§3)

“Then Ta-ren-ya-wa-gon determined to reside with his children, and he assumed the form of a man and chose as a wife a maiden
from the Onondagas. When he had done this he was named Hiawatha. His home was on the shores of a beautiful lake and to it
came many of the red men and their wives and children, that they might learn from the wise Hiawatha how their lives should be
guided. To his wigwam came also a daughter, whose beauty was as the flowers, glistening with the dews of night and kissed by
the light of the Great Spirit's smiling face. The name of the daughter was Minnehaha.”

-The invasions of the Hurons (§5)

“But at last there came an alarm from the north beyond the great lakes, and the story was told with fear at the lodge-fires of a
relentless enemy who came to kill and burn. In terror the chiefs told their fears to Hiawatha and he advised them to call a council
of all the tribes at a place on the borders of a lake where he had once told them to light a great council-fire, that they might make
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preparations to meet their foes. Swift runners went to the villages of all the tribes and the chiefs, and warriors assembled at the
appointed place.”

-Unification (§10)

‘‘My children, the voice of strife has brought you from the homes where you have so long dwelt in peace. You tremble for the
safety of your wives and little ones; you fear that your happy life will be disturbed. You, the members of many tribes and villages,
have one common fear, and you should therefore have one common interest. Singly, no tribe can oppose the hordes of the north
that threaten to come like the storms of winter, blasting and killing all in their path. Divided you can make no progress. You must
unite as one common band of brothers. You must have one voice, for many tongues make confusion. You must have one fire, one
pipe, one war club. If your warriors unite they can defeat any enemy and protect the safety of their homes.’’

4. THEIR CONSTITUTION

The Iroquois constitution:

The great Binding Law, Gayanashagoma:

“I am Dekanawidah and with the Five Nations' Confederate Lords I plant the Tree of Great Peace. I plant it in your
territory, Adodarhoh, and the Onondaga Nation, in the territory of you who are Firekeepers”

“I name the tree the Tree of the Great Long Leaves. Under the shade of this Tree of the Great Peace we spread the soft
white feathery down of the globe thistle as seats for you, Adodarhoh, and your cousin Lords.”

“ We place you upon those seats, spread soft with the feathery down of the globe thistle, there beneath the shade of the
spreading branches of the Tree of Peace. There shall you sit and watch the Council Fire of the Confederacy of the Five Nations,
and all the affairs of the Five Nations shall be transacted at this place before you, Adodarhoh, and your cousin Lords, by the
Confederate Lords of the Five Nations.”

The Council of 50 sachems

- The main legislative body

-Proportional representation (according to the size of the tribe)

-Nominated for life terms by women of the “great family”

Only men can be in the government, but only women can vote, still in function today

“A bunch of a certain number of shell (wampum) strings each two spans in length shall be given to each of the female families in
which the Lordship titles are vested. The right of bestowing the title shall be hereditary in the family of the females legally
possessing the bunch of shell strings and the strings shall be the token that the females of the family have the proprietary right to
the Lordship title for all time to come, subject to certain restrictions hereinafter mentioned“

Distribution of seats in the council

- Mohawk : 9
- Oneida : 9
- Onondaga : 14
- Cayuga : 10
- Seneca : 8
- Tuscarora :

“If any Confederate Lord neglects or refuses to attend the Confederate Council, the other Lords of the Nation of which he is a
member shall require their War Chief to request the female sponsors of the Lord so guilty of defection to demand his attendance
of the Council. If he refuses, the women holding the title shall immediately select another candidate for the title.”

-Women have the right to impeach.

“Roots have spread out from the Tree of the Great Peace, one to the north, one to the east, one to the south and one to the west.
The name of these roots is The Great White Roots and their nature is Peace and Strength.”
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“If any man or any nation outside the Five Nations shall obey the laws of the Great Peace and make known their disposition to
the Lords of the Confederacy, they may trace the Roots to the Tree and if their minds are clean and they are obedient and promise
to obey the wishes of the Confederate Council, they shall be welcomed to take shelter beneath the Tree of the Long Leaves.”

The Iroquois confederacy is open to new members if they agree to the rules of the constitution (Tuscarora)

“We place at the top of the Tree of the Long Leaves an Eagle who is able to see Afar. If he sees in the distance any evil
approaching or any danger threatening he will at once warn the people of the Confederacy.”

The Tadodaho: ”first among equals”

- Parliamentary executive

- Prime Minister

The flags are different between the Sixth different states, however symbols are the same.

“Should any man of the Nation assist with special ability or show great interest in the affairs of the Nation, if he proves himself
wise, honest and worthy of confidence, the Confederate Lords may elect him to a seat with them and he may sit in the Confederate
Council. He shall be proclaimed a 'Pine Tree sprung up for the Nation' and shall be installed as such at the next assembly for the
installation of Lords.”

The “Pine Tree Sachems”

- Based on merit, not family

 Great wisdom

 Or deeds of war

- Role

 To assist the Tadodaho and Council of 50

 To critique the Council

- Comparable to :

 The Senate

 The ministerial Cabinets.

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5. ITS INFLUENCE ON THE AMERICAN CONSTITUTION

Was there really any influence?

 B. franklin was trying to unite the future USA against Britain (image : join or die)

 “It would be a very strange thing if Six Nations of Ignorant Savages should be capable of forming a Scheme for such an
Union and be able to execute it in such a manner, as that it has subsisted Ages, and appears indissoluble, and yet a like
Union should be impracticable for ten or a dozen English colonies.” -- Benjamin Franklin to James Parker, 1751

Similarities between the USA and the 6 Nations.

 Democratic representatives federation if

- Different size of population

- A shared language

- …
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 A bicameral legislature

 A single executive to represent the whole

 The possibility to remove officials who are corrupt or incompetent

 The first conference of colonies was in Albany- in Iroquois country

Congressional recognition of Iroquois contribution to the development of US constitution.

The First Charter of Virginia, 1606 –

The Mayflower Compact 1620 – democratic government, egalitarian government

THE LEGISLATIVE PROCESS

I. THE USA

A. HOW A BILL BECOMES A LAW

- Basic procedure USA constitution; Article 1- section 7:

“All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with
Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to
the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in
which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such
Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other
House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all
such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against
the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten
Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it,
unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.”

Who are the actors involved in the legislative process?

Or to put it another way:

 The legislative branch ;

o House of representatives
o The senates
Writes the law
 the executive branch :
o The president
Have the possibility to veto

What kind of majority in needed to pass the law?

So the president may either sign the bill into the law or veto bill.

So if a president vetoes bill, for example, then it goes back to the senate. If he vetoes the bill, then it goes back to the House it
comes from where they debate again and they vote again, and if two third then the senate sends it back over to the House of
Representative
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1. Legislation is introduced by Senator Or a representative

2. Then it passed by
3. Then it passed by
4. Then it is sent to the president
who must either
5.
6. To override the president’s veto
congress needs
The chamber With a simple majority
The other chamber With a simple majority
Sign it Or Veto it
In this case it becomes a law In this case the bill is dead unless
congress ties to both it through
again
A 2/3 or super majority In both chambers then it becomes
a law

Prelimenary obsevations ;
- The system is very negative
 Failure is easy if any of the three actors does not agree, then the law is defeated
 Success is difficult all three actors must agree to pass the law

- Compare this situation to France or Britain:

 In Britain the PM is by definition at the head of a majority or a coalition (no contradiction in the majority)
There is no separation of the exe and leg branches of government, which is a risk because the majority passes the
laws it wants and then executes the same law

 The French system is somewhere in between the UK and US :

The president is not a member of parliament but he can dissolve it, he can’t veto bill but he can demand a
reconsideration of it he is not PM but he does nominate the PM
Still sin there is only one chamber with real legislative power, if the French president’s party has a majority, he
can usally acomplish what he was elected to do.

Here is how work in USA – the main problem seems to be sharing power.

This leads to the question: Why did the writers of the American constitution choose a system of strict separation of power?

B. HISTORICAL BACKGROUND

Influence of Montesquieu, in Esprit des Lois, 1748

 « c'est une expérience éternelle que tout homme qui a du pouvoir est porté à en abuser : il va jusqu'à ce qu'il
trouve des limites »
 « Il faut que par la disposition des choses, le pouvoir arrête le pouvoir »

The Boston Tea Party;

Tea Party was a reaction against a series of acts of Parliament which affected the colonies, but were passed without
consulting them:

- 1764 ; The sugar act increased duties, a revenue-raising act

- 1765 ; The Stamp Act (taxe sur les timbres)
- 1767-1768 : Townshend Acts - revenue-raising acts
 1973 - The Tea act: the Indian Company have too much tea in stock because of the boycott due to numerous duties, the
government take the decision to abolish taxes on this tea, it aims at reducing the stock. However, others tea merchandizers
lose money. And English colons in American were angry.
 The Boston Tea Party : Every colony except Massachusetts, protesters were able to force the tea consignees to resign or to
return the delivered tea to England. Except the Governor Hutchinson who was determined to hold his ground. But in a
winter evening (December 16th 1773), a group of 30 to 130 men, some dressed in the Mohawk warrior disguises, boarded
the three vessels and, over the course of three hours, dumped all 342 chests of tea into the water!

The Britain reaction: for example, B. Franklin wants the repayment of all the destructed tea…

- 1775 : a war broke out in Boston

- 1776 : independence
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The declaration of independence refers to most of the problem of the USA:

§4 He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public
Records, for the sole purpose of fatiguing them into compliance with his measures.

§5 :He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the
people.

§7 : He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of
Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of
Lands.

§10 : He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their
substance.

§11 : He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures

§13 : He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws;
giving his Assent to their Acts of pretended Legislation:
For quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these
States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighboring Province, establishing therein an arbitrary government, and
enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these
Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

 They tell why they don’t want the domination of GB king, testifying his mistakes.

The First of constitution:

The first constitutional document to govern the USA was called: The Articles Of Confederation

- Drafted in 1777, during the revolutionary war

- Opposition between nationalists and federalists.

Let’s take a closer look:

- Art 1. “Establishes the name of the confederation with these words: "The stile of this confederacy shall be 'The
United States of America.'"
- Art 2: “each state retains its sovereignty, freedom, and independence and every power jurisdiction and right, which
is not by this confederation expressly delegated to the US, in congress assembled”  ……… be careful with the
interpretation of constitution (strict or free) ………
- Art 3: This confederacy is a “league of friendship” among the states for common defense securing their liberties their
shared welfare. They will protect each other from attack  when it began as a military alliance

- Art 4: All free inhabitants of the different states (except paupers, vagabonds, and fugitives from justice) are entitled
to the same privileges and immunities that the inhabitants of each state have. For example, people can come and go
freely among the states, may trade in all the states, must pay the same taxes and follow the laws within each state.
Any person who commits a crime in one state and flees to another must be returned to the state he fled from. Each
state must respect the records, acts, and judicial proceedings of the other states
- Art 5: To manage the shared (national) interests of the states, they will send 2 – 7 delegates each year to meet in
Congress. No one can be a delegate for more than three of every six years. No delegate may simultaneously hold
another office for which he is paid. Each state delegation has one vote in Congress. Members of Congress have free
speech in Congress or outside it and are also not subject to arrest or imprisonment unless they commit treason, a
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felony, or a breach of the peace.  so the states could send as many members as they wanted but each state
delegation had only one vote, regardless of the population of the state.
- Art 6: …. No state may engage in a war without consent of the Congress unless it is actually invaded or if it is about
to be invaded by Indians.
- Art 7: When land forces are raised by any state for the common defense, all officers of or under the rank of colonel,
shall be appointed by the legislature of each state respectively.
- Art 8: Costs of war or other national expenses will be paid from a common treasury. Each state will pay into the
treasury in proportion to the value of land in that state.

- Art 9: Powers of the United States in Congress Assembled

o Congress has the sole and exclusive right to wage war and peace;
 *send & receive ambassadors;
 *enter into treaties or alliances;
 *decide how captured prizes in war will be divided;
 *grant letters of marque and reprisal (that is, create privateers);
 *appoint courts for dealing with crimes on the high sea and for captured prizes.
o Congress is also the court of last resort in case of a dispute between states.
o Congress also has the sole and exclusive right to regulate the value of coins;
 *set standard weights and measures;
 *regulate affairs and trade with Indians outside individual states;
 *establish and regulate post offices;
 *make rules to govern army and navy.
o Congress may appoint a committee to serve as an executive when it is in recess.;
 *determine how much money the Congress needs and appropriate it;
 *borrow money
 *build and equip a navy;
 *arrange to develop an army based on quotas from each states (states must raise and equip the officers and
men).
o Congress must never act on these matters without the consent of at least nine states.
o Congress may adjourn for up to six months at a time;
o Congress will publish a journal of their minutes.
 Clearly, this constitution was established to provide the rules of conduct for a confederation than was mainly a
military alliance.
- Art 10: The executive committee, which operates when Congress is in recess, may be given any of these powers as
long as they don’t act without the consent of at least nine states.  So the executive branch of the government
was simply a committee of congress, it was a multi-person executive and to pass laws 9/13 of the states must
agree
- Art 11: Canada may join this Union. Any other colony wishing to join must be agreed on by at least nine states.

- Art 12: The new United States will be responsible for all debts that Congress contracted before these articles were
signed.
 The alliance was open to Canada, which seemed to be a possibility at state of the war

 Congress could borrow money and manage its own budget, bit it depended entirely on the good will of the states.

TO SUMMARIZE, here are the most serious problems with the Article of confederation:
1. Concerning sovereignty, the states were too independent :
 Every state had its own monetary policy
 Federal taxes could not be imposed on states, so taxes were voluntary
 Every state had its own judicial system
 Every state had its own militia
2. Concerning representation, it wasn’t proportional
 Each State had one vote regardless of its population
 Each state could send as many representatives as it wanted for terms that lasted from one to six years.
 Also, representatives were paid by their chef state.
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3. Concerning the power of federal government : it was too weak

 There was no single executive power
4. Concerning the functioning of constit : it was too rigid
 To modify the articles every state had to agree (unanimity)

So all the states sent delegates to Philadelphia to write a new convention:

5. The constitutional convention
 At Philadelphia, there were three main proposals:
o James Madison’s proposal called ‘the Virginia Plan’, which was supported by big states (large
population)
o William Patterson’s proposal called ‘the New jersey plan’ which was supported by the small states
(low population)
o Alexander Hamilton’s proposal, called the ‘British Plan’, which was supported by people who
wanted to imitate the British government.

The Virginia Plan, James Madison:

- A bicameral legislature (two houses)
- Both house’s membership determined proportionately
- The lower house was elected by the people
- The upper house was elected by the lower house.
- A prime minister style executive
- A judiciary, with life-terms
- The executive had veto power, but congress could override it.
- Congress could veto state laws.

The New Jersey Plan – W. Patterson

- Congress could make Taxes that were obligatory
- A multi-person executive elected by Congress
- The executives served one term and could be removed by state governors
- A judiciary appointed by the executive with life terms.
- Laws set by the Congress took precedence over state law
- Each state had the same number of representative – equal representation.

The “British” Plan – Alexander Hamilton

- A bicameral legislature
- The lower house elected by the people for three years terms
- The upper house elected by electors (grands électeurs) chosen by the people and with a life-term of service
- An executive elected by electors and with a life term
- The executive had an absolute veto over bills
- A judiciary, with life terms
- State governors appointed by the national legislature.
- National veto power over any state legisltation

Hamilton’s plan solved the problem of the weakness of the Articles of the Constitution

There was also the problem of slavery

- Northern states generally wanted to abolish slavery

- Southern states did not want to free the slaves or allow them to vote
- But Southern states want to count their slaves as part of their population when it was time to determine how many
representatives they could have.
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The great compromise-or-The Connecticut compromise: Roger Sherman’s proposal:

-
A bicameral legislature with:
 The upper house having equal representation
 The lower house having proportional representation.(The house of representative
 GOOD COMPROMISE BUT MAKE A NEGATIVE SYSTEM (every side could stop the other)
- Independent judiciary
- Assembly with equal representation
- Strong independent executive, but not in life term (The President) elected by electors.

Now What about slavery?

- They decided to compromised again :

 Slaves would not be counted the same as free people (when determining representation in the House of
Representatives)
 But they would be counted as 3/5 of a free person
- Still many people wanted to abolish slavery
 So they decided slavery would not be abolished right away
 Congress would have to wait until 1808
 But Congress could tax the Slave trade to try to make it more difficult to buy and sell slaves.

TO RESUME :

 Slavery northern states wanted to abolish slavery while southern states wanted to maintain slavery no abolition before
1808 but the government could tax the slave trade
 Slaves counted as 3/5 of a free person
 Congress would have 2 chambers 1 proportional, 1 equal

C. THE CONSTITUTION

The goals of the constitution

1. Who is “we”?

- The PEOPLE this means that the federal government expresses the will of the citizens, not the wills of the
different state government

2. What is the idea behind each expression?

- A more perfect union = transfer of power to the federal power

- Establish justice = create a federal judiciary that is superior to state courts.
- Insure domestic tranquility = internal security is the resp of the federal government
- Provide for the common defense = creation of national army
- Promote the general welfare = one, unified eco policy
- Secure the blessing of liberty = protect the people’s rights

ARTICLE I, section 2

- The term of a representative is 2 years

House of Representatives continued

- The leader of the House of Representatives is called the Speaker
- The House of Representatives has the power of impeachment
 To impeach means to make a formal accusation against a government official, it doesn’t mean he is guilty
- Democratic, Violent, Innovative.

The senate continued :

- The vice president of US is the president of the Senate
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- The senate gas the power to try officials who have been impeached
- Conviction requires a 2/3 majority

Specific powers of each chamber

Section 7 : 1. “….”

Powers of Congress
- Raise taxes
- Declare war
- Make money
- Make new courts

TO SUM UP :

The house of Representatives The Senate

Upper/lower Lower Upper

Length of term 2years 6years

Minimum age 25 yo 30 yo
Elected by A loyal constituency The whole state

Must be A resident of the state you A resident of state you represent

represent
Type of representation Proportional Equal

Has the sole power to to impeach to Convict

a) :
b) : To raise taxes To ratify treaties and confirm
nominations

More/less democratic more less

Leader The speaker of the HofR The President (Vice President of

USA)

To propose an amendment :

 2/3 of both houses of Congress or

 2/3 of all state legislatures

To ratify an amendment :

 ¾ of the state legislatures

articles V & VII required majority political body that votes

To propose an amendment to the 2/3 the Hof R and Senate
constitution
To propose an amen to the 2/3 the state legislature
constitution
To ratify a proposed amendment to 3/4 the state legislature
the constitution
To ratify the constitution itself 9/13 the state (committees)
(after 1787)
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The Executive
- The executive is called The president
- The President‘s term is 4 years, maximum number of terms : 2
- To be President :
 35 yo
 resident for at least 14years
 born in the US
- His Power commander in Chief of the Army and Navy
- Principal officer of executive Departments

Art II section 2 : More Presidential Power

This means :

- With 2/3 of Senators’ approval, he can :

 Nominated judges and ambassadors
 Make treaties

The Election system

- Today, because the electors think that direct democracy is good they vote like the people (contrary to the past),
and it’s not so good. (Electors don’t want Trump but some people yes so…)
- The candidate who wins the most vote
- The president and the vice president run together as a team
- And after he is elected, the president takes the oath of office, before he enter on the Execution of his Office, he
shall take the following Oath or Affirmation: “I do solemnly…..”
- There is none in the Constit it’s a different interpretation of the separation of church and state from France
 US the gvnt cannot impose an official religion on you nor prevent you from practicing your religion as you
want
 France : the gvnt cannot impose an official religion on you and you can’t practice you religion in public
domain

Adjustments to the voting system :

Voting rights : am. 15 “race could not”, 19 “sex could not”, 26 “age …”, 24 “poll taxes”, 23 “people of de district of
Columbia had the right to vote for president”

Redefining roles : 12 the presidential and VP … must run together”, 16 cingress can make, 17senators are elected by, 20
said terms end in january, 22 P can not serve more than 2 y, 25vp become p, 27congress gives itself….”

1820 :

- James Monroe and DD Tompkins (democratic Republican) 231

- John Quincy Adams (democratic Republican) 113, 122 pop – 84 elec

1832

- Andrew Jackson – 54 pop _ 219 elec

- Henry Clay – 37% pop 49 elec
- William Wirt – 8 %Pop – 7 elec
- John Floyd (indep) 11 elec

Separation of powers:

1- How the congress can interfere with the president’s foreign policy ?

 The Congress’s power to control the budget and thus limit executive power (ex : Vietnam War, Nixon)
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2. How the court can limit presidential power?

 In this case, the court is not trying to limit president power, rather a private citizen is accusing a state government
of misconduct, the court is just doing its job by listening to her case. (Clinton vs Jones)
 (Youngstown … and Tube Compagny vs Saywer)

3. The President’s power, if any to issue the order lust stem either from an act of Congress or from the Constitution itself.

 In other words, there are 2 only possible justification for Truman’s action: there is either

- A law that gives him that power

- The constitution gives him the power.

When cpngress was debating the last labor law explicitly rejected the idea of taking control of factories.

So if the power does not come from a law, then is has to refer to the constitution

The constit does give the president extraordinary powers in war time

But they do not include the right to take over other people’s property.

The constitution gives the president power to execute laws, but not make laws.

What are the csq of this decision :

-
The decision established two main ideas :
 That presidential power is limited to executing laws, even in emergencies
 That the courts have the right to judge the legality of an executive’s official actions, even when the
executive is still in office.
 Nixon :
 Nixon lawyer tried to say that he had presidential immunity

 Back to Clinton and Jones

The court held that even though the accusations against Clinton related to events that happened before he was president,
he cannot use his presidential status as an excuse to avoid going to court

DYSFUNCTION: