PSC 2302 Lecture Notes - Lecture 5: Archibald Cox, Executive Privilege, Due Process
Document Summary
9:36 am: pres. powers: commander in chief. Military expected to follow orders, not give them (op. in some countries) Pres. can"t wear uniform if past war hero (eisenhower) Can lead the charge up the hill. Not member of military: u. s. v. curtiss wright export corp. (1935) inherent powers. Q: may pres. take actions in foreign affairs that aren"t found in cons. Cong. must accord pres. a degree of discretion and freedom from statutory restriction which would not be admissible were domestic affairs alone involved. We are here dealing with delicate plenary and exclusive power of the pres. as sole organ of fed. Pres. says to stop shipments of arms to latin america (war going on-assisting both sides), company losing money. Doesn"t state explicitly but leaves foreign affairs to pres. Gives on of the strongest endorsements to pres. by cong. of his powers. Foreign affairs ties with commander in chief: korematsu v. us 1944 wartime powers fdr.