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“In addition to the statutory powers available in a national emergency, modern presidents have increasingly claimed to have inherent constitutional powers in emergencies,” Goitein told me.
The notion of “inherent” powers confounds this arrangement for the simple reason that they are broad, ill-defined and seemingly unaccountable to either Congress or the courts.
Trump, Morse asserted, would have the “inherent authority under Article II” to appoint acting officials without going through the Senate’s process of advice and consent.
Indeed, the job description and the history of the office imply the existence of inherent and vast executive powers that are not fully spelled out.
Although the U.S. Constitution does not mention executive orders, the inherent powers granted by Article II Section I give the president this powerful tool. Congress often delegates certain discretion ...
Donald Trump is asserting a muscular vision of presidential power, sometimes using novel or expansive interpretations of his authority. Legal battles are expected.
In a flurry of unilateral executive actions, Mr. Trump revived disputed claims of broad presidential authority from his first term — and made some new ones. Court battles seem likely.
The president’s “inherent powers” to control the U.S. borders, including executive branch authority to control foreign affairs, includes “the ability to prevent the physical entry of aliens involved ...
The Court first generally affirmed district courts’ ability to impose monetary sanctions under their inherent powers in addition to awarding fees and costs under Section 285.
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