Can the president violate the treaty? President must faithfully uphold the supreme law (treaty) of the land President may receive ministers and ambassadors Inherent nature of executive power Does president have the power to take an action moving citizens and causing forfeiture of property? Yes, under Dames & Moore. Can the president dispatch the troops, etc. Congressional silence in this area, tacit agreement Delegation under War Powers Act Inherent executive function to operate in the international arena, react quickly to crises Can president create executive agreement which pledges money to HN? No – President can only do this with 2/3 senate majority or through normal legislative process Normal legislative process not followed for Congressional approval Scope is broad, exercises congressional powers (spending), authorizes deploy of troops, etc. Yes – Dames & Moore, Youngstown Steel. This does not conflict with Congressional record, and in silence, under balancing and current needs, this may well be necessary. But, congressional OK dependant on delegating executive enforcement powers to legislative committee Can the president spy on VHN citizens? 14th amendment, 4th amendment (No person may be subject to…) Is this reasonable? Does it fall under warrantless search clauses? Can the president deport VHN citizens? No: Naturalization is an express grant to Congress Can the documents be protected by the executive privilege? Yes: US v. Nixon gives great deference to president in military, national security and diplomatic areas. This clearly qualifies b/c of tense international relations with VHN No – What is harm of revealing documents? After all, VHN already knows we’re deporting their citizens. No – this was not a proper executive action because deportation is a Congressional action. Constitutionality of the War Powers Act? Congress can’t act by silence Silence causes legislative action without bicameralism and presentation. Clearly a legislative action because sending/recalling troops is an article I §8 power to begin with.