Law School

Constitutional Law Chapter 5: Judicial Review (Part 2)


Listen Later

Executive Orders and Actions.

Executive orders are directives issued by the President to manage federal government operations. These orders have the force of law but do not require congressional approval. They are used for:

Administrative Directives: Directing federal agencies and managing administrative functions.

Example: President Abraham Lincoln’s Emancipation Proclamation.

Policy Implementation: Addressing issues or implementing policies when legislative action is lacking.

Example: President Franklin D. Roosevelt’s Executive Order 9066 during World War II.

Limitations: Executive orders cannot create new laws or appropriate funds and are subject to judicial review and potential reversal by successor administrations.

Example: President Donald Trump’s executive orders on immigration faced numerous legal challenges and partial blocks by federal courts.

Foreign Affairs and Treaty-Making.

The President plays a crucial role in foreign affairs and treaty-making, with authority derived from Article II, Section 2 of the Constitution. This includes:

Chief Diplomat: Representing the U.S. in international relations, negotiating treaties, and conducting diplomacy.

Example: President Richard Nixon’s historic visit to China in 1972.

Treaty-Making: Negotiating treaties that require Senate approval to become legally binding.

Example: The North Atlantic Treaty, establishing NATO, signed by President Harry Truman in 1949.

Executive Agreements: Entering into agreements with other countries that do not require Senate approval.

Example: The 2015 Paris Agreement on climate change, entered into by President Barack Obama.

The chapter underscores the strategic importance and broad scope of the President’s executive powers, highlighting their impact on national governance, international relations, and the overall functioning of the federal government.

...more
View all episodesView all episodes
Download on the App Store

Law SchoolBy The Law School of America

  • 3.1
  • 3.1
  • 3.1
  • 3.1
  • 3.1

3.1

60 ratings


More shows like Law School

View all
Hidden Brain by Hidden Brain, Shankar Vedantam

Hidden Brain

43,687 Listeners

Global News Podcast by BBC World Service

Global News Podcast

7,913 Listeners

The Ben Shapiro Show by The Daily Wire

The Ben Shapiro Show

153,989 Listeners

Above the Law - Thinking Like a Lawyer by Legal Talk Network

Above the Law - Thinking Like a Lawyer

488 Listeners

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond by Alison Monahan and Lee Burgess - Law School Toolbox, LLC

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

512 Listeners

Court Junkie by PodcastOne

Court Junkie

8,539 Listeners

The Daily by The New York Times

The Daily

113,121 Listeners

Speak English Now Podcast: Learn English | Speak English without grammar. by Georgiana, founder of SpeakEnglishPodcast.com

Speak English Now Podcast: Learn English | Speak English without grammar.

554 Listeners

Crime Junkie by Audiochuck

Crime Junkie

369,956 Listeners

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress by Bar Exam Toolbox

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

439 Listeners

Dateline NBC by NBC News

Dateline NBC

47,718 Listeners

SRMN by SRMN

SRMN

19 Listeners

Advisory Opinions by The Dispatch

Advisory Opinions

3,946 Listeners

Mind of a Monster: The Hollywood Ripper by ID

Mind of a Monster: The Hollywood Ripper

1,849 Listeners

Ishq- by Muzammil Jit

Ishq-

3 Listeners