Executive-Legislative Conflicts The powers of the Executive and Legislative branches of government are outlined in the Constitution and there is some degree of overlap, which ultimately leads to conflict between the two branches. For instance, both the president and the Congress have war powers. According to the Constitution, the president is the “…c ommander in chief of the Army, and Navy of the United States, and of the Militia of several states…” (Article 2, Section 2). Therefore, the president has the power to wage war. On the other hand, Congress has the power to declare war and controls funding for wars. Several presidents, including Presidents Truman, Johnson, Clinton, and Bush, have waged war without authorization from Congress, and thus have broken the law. When these and other conflicts arise between the executive and legislative branches of government, it is up to the courts to decide how they should be resolved. To do so, judges reference the Constitution and interpret the meaning of specific provisions when coming to a decision. To prepare for this Discussion: Review the Constitution in Appendix E in the course text, Administrative Law and Politics: Cases and Comments. Consider the powers of the executive, legislative, and judicial branches. Think about how the executive and legislative powers overlap. Review the article, “The Use and Abuse of Power: The Supreme Court and the Separation of Powers.” Pay particular attention to the analyses of the Immigration and Naturalization Service v Chadha and Morrison v Olson cases. Think about the executive-legislative conflicts evident in each case and consider how the Supreme Court resolved the conflicts. Review the article, “The Supreme Court and the Powers of the Executive: The Adjudication of Foreign Policy.” Focus on the role of the Supreme Court in resolving executive-legislative conflicts related to foreign policy. Review the article, “Conflicts between the Commander in Chief and Congress: Concurrent Power over the Conduct of War.” Pay particular attention to how the Supreme Court intervened in executive-legislative conflicts regarding war powers. Using the Walden Library and/or the Internet, research one case discussed in the readings this week, or another of your choosing that involved an executive-legislative conflict. Consider arguments made by the executive and legislative members and/or groups. Think about how the Court came to a decision, noting how the Court justified the decision, using Constitutional provisions. With these thoughts in mind: Post by Day 3 a brief description of the case you selected. Then explain the arguments made by the executive and legislative members and/or groups. Be specific. Finally explain how the Court came to a decision, using specific Constitutional provisions. Again, be specific. Note: Identify the case you selected in the first line of your post. You will be asked to respond to a colleague who selected a case that you did not. Be sur.

1. Executive-Legislative Conflicts
The powers of the Executive and Legislative branches of
government are outlined in the Constitution and there is some
degree of overlap, which ultimately leads to conflict between
the two branches. For instance, both the president and the
Congress have war powers. According to the Constitution, the
president is the “…c ommander in chief of the Army, and Navy
of the United States, and of the Militia of several states…”
(Article 2, Section 2). Therefore, the president has the power to
wage war. On the other hand, Congress has the power to declare
war and controls funding for wars. Several presidents, including
Presidents Truman, Johnson, Clinton, and Bush, have waged
war without authorization from Congress, and thus have broken
the law. When these and other conflicts arise between the
executive and legislative branches of government, it is up to the
courts to decide how they should be resolved. To do so, judges
reference the Constitution and interpret the meaning of specific
provisions when coming to a decision.
To prepare for this Discussion:
Review the Constitution in Appendix E in the course text,
Administrative Law and Politics: Cases and Comments.
Consider the powers of the executive, legislative, and judicial
branches. Think about how the executive and legislative powers
overlap.
Review the article, “The Use and Abuse of Power: The Supreme
Court and the Separation of Powers.” Pay particular attention to
the analyses of the
Immigration and Naturalization Service v Chadha
and
Morrison v Olson
cases. Think about the executive-legislative conflicts evident in
each case and consider how the Supreme Court resolved the
conflicts.
Review the article, “The Supreme Court and the Powers of the

2. Executive: The Adjudication of Foreign Policy.” Focus on the
role of the Supreme Court in resolving executive-legislative
conflicts related to foreign policy.
Review the article, “Conflicts between the Commander in Chief
and Congress: Concurrent Power over the Conduct of War.” Pay
particular attention to how the Supreme Court intervened in
executive-legislative conflicts regarding war powers.
Using the Walden Library and/or the Internet, research one case
discussed in the readings this week, or another of your choosing
that involved an executive-legislative conflict.
Consider arguments made by the executive and legislative
members and/or groups.
Think about how the Court came to a decision, noting how the
Court justified the decision, using Constitutional provisions.
With these thoughts in mind:
Post
by
Day 3
a brief description of the case you selected. Then explain the
arguments made by the executive and legislative members
and/or groups. Be specific. Finally explain how the Court came
to a decision, using specific Constitutional provisions. Again,
be specific.
Note:
Identify the case you selected in the first line of your post. You
will be asked to respond to a colleague who selected a case that
you did not.
Be sure to support your postings and responses with specific
references to the Learning Resources.
Read
a selection of your colleagues' postings.
Respond
by
Day 5
to at least
one

3. of your colleagues' postings in one or more of the following
ways:
Ask a probing question.
Share an insight from having read
your colleague’s posting.
Offer and support an opinion.
Validate an idea with your own experience.
Make a suggestion.
Optional Resources
Article: Devins, N. & Fisher, L. (2002). The steel seizure case:
one of a kind? (Youngstown at fifty: a symposium). (President
Trumans’ 1952 seizure of U.S. steel mills).
Constitutional Commentary, 19
, 63.
Article: Rottinghaus, B. & Maier, J. (2007). The power of
decree: Presidential use of executive proclamations, 1977-2005.
Political Research Quarterly, 60
(2), 338-343.
Article: Samuels, D. J. & Shugart, M. S. (2003).
Presidentialism, elections and representations.
Journal of Theoretical Politics, 15
(1), 33
–
60.
Online Article: Burger, A. J. (n.d.).
United States v Nixon: Certiorari before judgment to the United
States court of appeals for the District of Columbia circuit
. Retrieved October 27, 2009, from
http://www.law.cornell.edu/supct/html/91-740.ZS.html
Web Site: Index of Constitutional Provisions
http://press-
pubs.uchicago.edu/founders/indexes/constitutional_provisions_i
ndex.html

4. [removed]
OK