Essay Plan: Evaluate the view that the implied & enumerated powers of the President are more powerful than those of Congress

Enumerated + implied powers of presidency X powers of Congress


Legislation - President
 EOs
o Trump’s Keystone XL Pipeline
o Exec Order: Preventing Discrimination on Basis of Gender Identity/ Sex. Orientation
o Exec Order: Enabling All Qualified Americans to Serve Their Country
o Biden 32 EOs in 1 month
 Signing statements
o G.W Bush used 157 statements
 Vetoes – Obama used 12 w/ just one overturned
 Pocket veto – HW Bush used 15 pocket veto


 Override veto – Justice Against Sponsors of Terrorism
 Initiate amendments – Bill of Rights
 Approval of budgets
o Senate passed appropriations bill extending funding led by Chuck Schumer & Mitch McConnell 69-
28. $5.8 trillion budget ($1.8bn for defence against China)

Foreign policy – President
 C-in-C
o Obama - Bin Laden – no Congressional approval
o Obama - Libya – ignored disapproval
o Trump – Soleimani
 Executive Agreements
o NAFTA
o Paris Climate Accords


 Power of the purse – Vietnam
 War Powers Resolution + AUMFs
o Denied Obama bombing Assad with AUMF
 Case Act – contents of exec agreements must be published
President as head of executive branch
 Nomination of branch heads
o Scott Pruit as head of EPA
 Nomination of judges – ACB, Kagan
 Executive privilege – Obama denied Fast & Furious by ATF, US v Nixon, exec privilege constitutional


 Congress stopped Vincent Viola as Army Secretary
 Exec privilege – didn’t save Nixon
 Nomination of judges blocked, Merick Garland, Brown Jackson tough questioning sentencing