Edwards III, George C
Distinguished Professor of Political Science, Texas A&M University
King, Desmond
Andrew W. Mellon Professor of American Government and Professorial Fellow, University of Oxford
Print publication date: 2007 (this edition)
Published to Oxford Scholarship Online: September 2007
Print ISBN-13: 978-0-19-921797-7
doi:10.1093/acprof:oso/9780199217977.003.0002
Published to Oxford Scholarship Online: September 2007
Print ISBN-13: 978-0-19-921797-7
doi:10.1093/acprof:oso/9780199217977.003.0002
2
The Scope of Inherent Powers
This chapter explores the constitutional source of ‘inherent powers’. Firstly it analyzes what is meant by express, implied, and emergency powers. Then it examines closely the 1936 Supreme Court case, Curtiss-Wright, that is most often cited for supporting inherent and extra-constitutional powers for the president. The chapter then moves to discussing the use of inherent powers by President Harry Truman in 1952 to seize steel mills to prosecute the war in Korea, and the reliance on inherent powers by President George W. Bush to accomplish a range of war-related actions. Truman's initiative was repudiated by the Supreme Court in the Youngstown case, but the legal and political limits of Bush's actions are still being played out.
Keywords: inherent powers, emergency power, express power, President Harry Truman, sole organ doctrine, Curtiss-Wright, Justice Sutherland
Keywords: inherent powers, emergency power, express power, President Harry Truman, sole organ doctrine, Curtiss-Wright, Justice Sutherland
doi:10.1093/acprof:oso/9780199217977.003.0002
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