• The President shall be Commander in Chief . . . (Art. II, § 2, para. 1)
• He shall have Power, by and with the Advice and Consent of the Senate, to make treaties, [and nominate Ambassadors, Supreme Court justices, and other public officers] (Art. II, § 2, para. 2)
• [H]e shall take Care that the Laws be faithfully executed (Art. II, § 3)
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Legislative Power

All legislative powers herein granted shall be vested in a Congress of the United States . . .

Art. I, § 1

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Non-delegation Doctrine

Congress must establish an "intelligible principle" to guide the executive branch

But, okay for Congress to authorize the FCC to regulate broadcast licensing "as public interest, convenience, or necessity" require.

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Non-delegation Doctrine

The Court will sometimes interpret a statute more narrowly

In Industrial Union, Court read the requirement that OSH standard be "reasonably necessary or appropriate to provide safe or healthful employment" to mean that the Secretary of Labor must show a "significant risk" to health before regulating.

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Passing Legislation

• Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States . . . .
• Every Order, Resolution, or Vote to Which the Concurrence of the Senate and House of Representatives may be necessary . . . shall be presented to the President . . . .

    Art. I, § 7, cl. 2,3

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Legislative Action

Action that has "the purpose and effect of altering the legal rights, duties and relations of persons . . . outside the legislative branch,"

    Chadha, p.371

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Executive Power

The executive Power shall be vested in a President of the United States of America. . . .

Art. II, § 1

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Appointments Clause

[The President] . . . shall appoint . . . All other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law [with exceptions for inferior officers]

Art. II, § 2, cl. 2