Here is an illustration of a President exercising their power of authority in a democratic system. In this video, President Franklin D. Roosevelt exercises his power of authority by issuing Executive Order 9066, which called for the internment of Japanese Americans during World War II. This order was issued just days after the attack on Pearl Harbor by Japanese forces on December 7, 1941 which brought the United States to officially join WWII. As we have learned in chapter 1 of our textbook, democracies grant powers to officials through the majority rule but also grants powers through the position an official holds. For example, the ability of the President to use executive orders and bypass Congress is a power given to Presidents as part of the positions they hold.
The potential disputes regarding the President’s constitutional authority to issue executive orders then include bypassing Congress and the constitutionality of the executive order.
Regarding Congress, Presidents can issue executive orders without Congress’ approval, and the only way for an executive order to be overruled by Congress is if Congress passes legislation blocking the executive order. However, the President is guaranteed another power by their position in their authority to veto a bill, meaning that a President could veto legislation that blocks their executive order. Only through an override through Congress would the blocking legislation be upheld. It is important to note that for Executive Order 9066, Congress did not try to challenge the order. Clearly the President’s constitutional authority of issuing executive orders is grand.
Regarding constitutionality of an executive order, the judicial branch has the authority to determine constitutionality. If brought to the Supreme Court, the Supreme Court could exercise their authority of judicial review and deem an executive order unconstitutional if they see fit. In the case of Executive Order 9066, the order was brought to the Supreme Court when Korematsu believed the order to violate his rights as an American citizen. The Supreme Court ruled in favor of the Executive Order, however, claiming that in the name of national security the internment of Japanese Americans was constitutional. Even though this instance showcased an executive order being upheld, if the order was deemed unconstitutional, then the order would cease to be enforced.
Five Discussion Questions:
- Do you believe that the power of the President to issue executive orders is constitutional?
- Why would FDR issue Executive Order 9066 through an executive order bypassing Congress?
- How is the judicial branch important in checking the President’s powers for executive orders?
- Do you agree with the Supreme Court’s ruling on Korematsu v. U.S. (1944)? Why or why not?
- As a citizen, it can be argued that through bypassing Congress in issuing executive orders, the President is also bypassing the public’s opinion. How do you as a citizen then feel about FDR’s power to target a specific citizen population in a negative manner?
I enjoy the blog aspect of this assignment, although I believe it can be accomplished on a traditional Canvas discussion board.