Lecture Notes: The Constitution and Executive Orders

General Overview

• Discussion on the U.S. Constitution, focusing on Article II.
• Article II covers the Executive Branch, including the roles of the President and Vice President.

Key Points on Article II

• Oath of Office: The presidential oath is explicitly listed in the Constitution.
• Impeachment: Grounds for impeachment include treason, bribery, high crimes, and misdemeanors.

Executive Orders

• Definition: Directives from the President to employees within the executive branch.
• First Executive Order: Issued by George Washington.
• Historical Use: Initially mundane (e.g., ordering supplies), but now often more significant.

Bill Clinton's Executive Orders

• Quantity: Signed 357 executive orders during his presidency.
• Purpose: Often grant federal agencies authority during national emergencies.
• Controversy: Seen as bypassing the legislative branch and checks and balances.

Key Executive Orders and Implications

• FEMA and National Emergencies: Agencies can take control during emergencies (e.g., energy, transportation).
• FCC's Authority: Can commandeer radio broadcasts.
• Criticism: Executive orders perceived as undermining congressional oversight.

Notable Executive Orders

• Executive Order 12919: Consolidates previous orders, referencing a 1950 national emergency.

Discussion on the Constitution's Articles

• Number of Articles: Seven, covering legislative, executive, and judicial branches.
• Article Coverage:
  • Article I: Detailed (covers Congress).
  • Article II: Shorter (covers the President).
  • Article III: Briefest (covers the Judicial branch).

Article III – Judiciary

• Overview: Judicial power is vested in one Supreme Court.
• Judges' Tenure: Hold office during "good behavior," implying potential lifetime appointments.

Critical Analysis

• Judicial Branch: Considered to have the fewest constitutional constraints.
• Impact on Liberty: Judicial branch seen as potentially hazardous to individual freedoms due to limited constraints.