How did the Framers define Executive Power? [No. 86]

How did the Executive Branch end up with certain powers and not others?
Professor Ilan Wurman relates how the founders defined executive power by contrasting it to the legislative and judicial powers. Although the Constitution creates a branch with a unitary executive, some of the historical British executive powers were given to Congress instead.
Ilan Wurman is a visiting assistant professor at the Sandra Day O'Connor College of Law at Arizona State University, where he teaches administrative law and constitutional law. He is the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017).
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Subscribe to the series’ playlist:
• Constitutional Law [Co...

[@mistersauga716]

So many videos today

[@powerfulstrong5673]

There should be a constitutional amendment to curb abuse of power and the unitary executive power of President by providing more checks and balances by and with congress. Or to propose a constitutional amendment to vest the executive power in a executive council which headed by President, instead to vest the executive power in President alone.

[@powerfulstrong5673]

The unchecked unitary executive presidential power need to be reformed by an amendment to the constitution.

[@powerfulstrong5673]

- [ ] EMPOWERED EXECUTIVE CABINET AMENDMENT “SECTION 1. The executive power shall be vested in one Executive Council of the President of the United States. SECTION 2. The Executive Council shall be composed of a number of Executive Councillors whom the President of the United States shall nominate, and shall appoint by and with the advice and consent of the United States Senate. No Person shall be appointed as Executive Councillor who shall not be a Citizen of the United States and shall not have attained to the age of thirty Years. The number of Executive Councillors shall be fixed by law But shall not be less than three nor more than nine Councillors. Each Executive Councillor shall hold his or her Office to serve during such time period that the President who shall appoint such Person as Executive Councillor may remain in Office of the President of the United States (unless such Person shall be removed from Office on impeachment and Conviction of any felonies or misdemeaners, or may be removed from Office by the President of the United States by and with the advise and consent of the United States Senate). Provided, when there are vacancies, the President of the United States shall make temporary apointments as Councillors who shall hold their Offices to serve on the temporary basis for a short time period not exceeding two months until such formal appointments shall be made (provided that such Person who shall be apointed to hold the Office to serve as Executive Councillor on a temporary basis shall be chosen from Persons amongst the Officers in Each of the executive departments and other executive agencies of the United States or amongst other executive Officers of the United States or amongst ambassadors). No Person holding the Office as Executive Councillor shall be a Member of either House of Congress during Continuance of such Person in Office as Executive Councillor (provided that Persons who are Officers of the government of the United States may continue to hold their aforesaid Offices when such Persons are appointed to hold Office to serve as Executive Councillor, and Persons who are Executive Councillors may continue to hold their Offices to serve as Executive Councillors when such Persons are apointed to be Officers of the government of the United States). SECTION 3. The decisions of the Executive Council shall be determined by a simple majority of votes. Each Executive Councillor shall have one vote. The President of the United States shall chair and shall set the business agenda for the Executive Council and shall have the same one vote as Each Executive Councillor, but he shall have one additional vote when the votes are evenly divided. The President and Each Executive Councillor may from time to time require the Opinion, in writing, of the principal Officer or Head in each of the executive Departments and other executive agencies of the United States, or of all of the ambassadors and other executive officers of the United States upon any Subject relating to the Duties of their respective Offices. The President and the Executive Councillors shall take care that the Laws faithfully executed when the Executive Council is convened to do their business. SECTION 4. The President shall issue executive orders, executive directions, and carry out all the other executive actions upon the decisions of the Executive Council and shall Command the Armed Forces of the United States upon the decisions of the Executive Council and shall grant Reprieves and Pardons upon the decisions of the Executive Council for Offenses against the United States except in Cases of Impeachment. And upon the decisions of the Executive Council the President of the United States shall send envoys on behalf of the United States to negotiate with foreign Nations concerning Treaties; And upon the decisions of the Executive Council, the President of the United States shall appoint or dismiss the senior officers of Civil or Military in each of the Executive Departments or other executive agencies of the United States and ambassadors and other executive officers of Civil or Military of the United States according to the regulation of law, but when they think proper Congress may by law switch the manner of apointment of certain number of such senior officers in each of the executive departments or other executive agencies of the United States and the manner of appointment of certain number of ambassadors and other executive officers of the United States to the rules and procedures as set forth in the original apointment clauses of Section Two of the Article Two of the Constitution. And further Provided that Congress may by law vest in the senior officers of each of the executive departments or the other executive agencies of the United States the powers to appoint and dismiss the inferior officers in each of such executive departments or such other executive agencies that such inferior officers herein mentioned which may be created and ascertained by law. SECTION 5. The President of the United States shall have the exclusive powers to chair, to convene and to set the business agenda and the Rules of its Procedings for the Executive Council; shall retain the exclusive powers to sign or return the bills or resolutions or any other measures passed by both houses of Congress according to the rules and procedures as set forth in the original presentment clauses of Article One of the Constitution; shall have exclusive power (with the exceptions provided in the 25th article of amendment to the United States Constitution) to convene either House or both houses of United States Congress into special sessions on extraordinary Occasions when he think proper; shall retain the exclusive power to adjourn them to such Time as he shall think proper in Case of Disagreement between the two Houses of Congress with Respect to the Time of Adjournment; shall have the powers to make or terminate Treaties by and with the Advice and Consent of the Senate (provided two thirds of the Senators present concur); shall nominate and appoint Judges of both the Supreme Court and of inferior Courts of the United States and senior office holders of other agencies of the government of the United States (such other agencies may be created and abolished by law) according to rules and procedures of the original apointment Clauses of Section Two of Article Two of the Constitution (provided that Congress may by law vest in the Courts of Law the power of the apointment of Judges of the inferior Courts); shall retain the power to recommend to Congress for consideration of such Measures as he shall judge necessary and expedient; shall receive Ambassadors and other public Ministers from foreign Nations; shall grant Commissions to Executive Councillors and to all the senior Officers in each of the Executive Departments or Executive agencies of the United States and to ambassadors and other executive officers of the United States; shall grant Commissions to all the Judges of the Courts of Law of the United States and to senior office holders of other agencies of the government of the United States (such other agencies may be created or abolished by law); shall give to the Congress Information of the State of the Union from time to time. ”
- [ ]

[@powerfulstrong5673]

There should be a constitutional amendment to curb abuse of power and the unitary executive power of President by providing more checks and balances by and with congress. Or to propose a constitutional amendment to vest the executive power in a executive council which headed by President, instead to vest the executive power in President alone.

[@primicerius]

No.

[@powerfulstrong5673]

@@primicerius - [ ] EMPOWERED EXECUTIVE CABINET AMENDMENT “SECTION 1. The executive power shall be vested in one Executive Council of the President of the United States. SECTION 2. The Executive Council shall be composed of a number of Executive Councillors whom the President of the United States shall nominate, and shall appoint by and with the advice and consent of the United States Senate. No Person shall be appointed as Executive Councillor who shall not be a Citizen of the United States and shall not have attained to the age of thirty Years. The number of Executive Councillors shall be fixed by law But shall not be less than three nor more than nine Councillors. Each Executive Councillor shall hold his or her Office to serve during such time period that the President who shall appoint such Person as Executive Councillor may remain in Office of the President of the United States (unless such Person shall be removed from Office on impeachment and Conviction of any felonies or misdemeaners, or may be removed from Office by the President of the United States by and with the advise and consent of the United States Senate). Provided, when there are vacancies, the President of the United States shall make temporary apointments as Councillors who shall hold their Offices to serve on the temporary basis for a short time period not exceeding two months until such formal appointments shall be made (provided that such Person who shall be apointed to hold the Office to serve as Executive Councillor on a temporary basis shall be chosen from Persons amongst the Officers in Each of the executive departments and other executive agencies of the United States or amongst other executive Officers of the United States or amongst ambassadors). No Person holding the Office as Executive Councillor shall be a Member of either House of Congress during Continuance of such Person in Office as Executive Councillor (provided that Persons who are Officers of the government of the United States may continue to hold their aforesaid Offices when such Persons are appointed to hold Office to serve as Executive Councillor, and Persons who are Executive Councillors may continue to hold their Offices to serve as Executive Councillors when such Persons are apointed to be Officers of the government of the United States). SECTION 3. The decisions of the Executive Council shall be determined by a simple majority of votes. Each Executive Councillor shall have one vote. The President of the United States shall chair and shall set the business agenda for the Executive Council and shall have the same one vote as Each Executive Councillor, but he shall have one additional vote when the votes are evenly divided. The President and Each Executive Councillor may from time to time require the Opinion, in writing, of the principal Officer or Head in each of the executive Departments and other executive agencies of the United States, or of all of the ambassadors and other executive officers of the United States upon any Subject relating to the Duties of their respective Offices. The President and the Executive Councillors shall take care that the Laws faithfully executed when the Executive Council is convened to do their business. SECTION 4. The President shall issue executive orders, executive directions, and carry out all the other executive actions upon the decisions of the Executive Council and shall Command the Armed Forces of the United States upon the decisions of the Executive Council and shall grant Reprieves and Pardons upon the decisions of the Executive Council for Offenses against the United States except in Cases of Impeachment. And upon the decisions of the Executive Council the President of the United States shall send envoys on behalf of the United States to negotiate with foreign Nations concerning Treaties; And upon the decisions of the Executive Council, the President of the United States shall appoint or dismiss the senior officers of Civil or Military in each of the Executive Departments or other executive agencies of the United States and ambassadors and other executive officers of Civil or Military of the United States according to the regulation of law, but when they think proper Congress may by law switch the manner of apointment of certain number of such senior officers in each of the executive departments or other executive agencies of the United States and the manner of appointment of certain number of ambassadors and other executive officers of the United States to the rules and procedures as set forth in the original apointment clauses of Section Two of the Article Two of the Constitution. And further Provided that Congress may by law vest in the senior officers of each of the executive departments or the other executive agencies of the United States the powers to appoint and dismiss the inferior officers in each of such executive departments or such other executive agencies that such inferior officers herein mentioned which may be created and ascertained by law. SECTION 5. The President of the United States shall have the exclusive powers to chair, to convene and to set the business agenda and the Rules of its Procedings for the Executive Council; shall retain the exclusive powers to sign or return the bills or resolutions or any other measures passed by both houses of Congress according to the rules and procedures as set forth in the original presentment clauses of Article One of the Constitution; shall have exclusive power (with the exceptions provided in the 25th article of amendment to the United States Constitution) to convene either House or both houses of United States Congress into special sessions on extraordinary Occasions when he think proper; shall retain the exclusive power to adjourn them to such Time as he shall think proper in Case of Disagreement between the two Houses of Congress with Respect to the Time of Adjournment; shall have the powers to make or terminate Treaties by and with the Advice and Consent of the Senate (provided two thirds of the Senators present concur); shall nominate and appoint Judges of both the Supreme Court and of inferior Courts of the United States and senior office holders of other agencies of the government of the United States (such other agencies may be created and abolished by law) according to rules and procedures of the original apointment Clauses of Section Two of Article Two of the Constitution (provided that Congress may by law vest in the Courts of Law the power of the apointment of Judges of the inferior Courts); shall retain the power to recommend to Congress for consideration of such Measures as he shall judge necessary and expedient; shall receive Ambassadors and other public Ministers from foreign Nations; shall grant Commissions to Executive Councillors and to all the senior Officers in each of the Executive Departments or Executive agencies of the United States and to ambassadors and other executive officers of the United States; shall grant Commissions to all the Judges of the Courts of Law of the United States and to senior office holders of other agencies of the government of the United States (such other agencies may be created or abolished by law); shall give to the Congress Information of the State of the Union from time to time. ”
- [ ]

[@powerfulstrong5673]

@@primicerius Why not?

[@BiggusThiccus]

@@powerfulstrong5673 I understand where you're coming from, but I think most of the abuse we see today is due to legislative inflation - too many old laws from a very specific time meant for a limited use being used maliciously or in bad faith by whoever is the President at the time and permitted to do so by a well-meaning Judiciary who doesn't want to be seen as political for interfering.
I think the solution to that is an amendment that gives Congress the power to repeal legislation through resolutions, not just laws, so that the President cannot use his veto power to retain powers the legislature already disapproved of. Prime example being the COVID emergency powers that Congress formed a solid majority in agreeing were unnecessary and should be repealed, but not enough to override Biden's consequent veto.

[@powerfulstrong5673]

@@BiggusThiccus No. There there should be added an empowered executive cabinet into the government!

[@ronniedelahoussayechauvin6717]

Corruotion & Dangerous

[@spacevertex]

and!!!

[@powerfulstrong5673]

There should be a constitutional amendment to curb abuse of power and the unitary executive power of President by providing more checks and balances by and with congress. Or to propose a constitutional amendment to vest the executive power in a executive council which headed by President, instead to vest the executive power in President alone.

[@powerfulstrong5673]

The unchecked unitary executive presidential power need to be reformed by an amendment to the constitution.