United States PresidentPresidential Powers and the CourtsUnited States Supreme Court

Commander-in-Chief/Emergency Powers
The Prize Cases  67 U.S. 635 (1862)
The Court ruled that Lincoln did indeed have the power as Commander-in-Chief to order the military blockade
of Southern ports without a formal declaration of war by Congress.


Ex parte Merryman 17 F. Cas 144 (1861)
At the beginning of the Civil War, Lincoln exercised his Commander-in-Chief powers to suspend the writ of habeas corpus.
Chief Justice Roger Taney (who was presiding over the case at the Circuit Court for the District of Maryland) declared the action unconstitutional.
Lincoln ignored the ruling.


Ex parte Milligan  71 U.S. 2 (1866)
The Court ruled that the use of military tribunals to try civilians was unconstitutional in areas where civil courts remained in operation, even during wartime.
Essentially upheld the legitimacy of military tribunals, but rejected their use under these specific circumstances.


Korematsu v. United States  323 U.S. 214 (1944)
The Court upheld the constitutionality of Franklin Roosevelt's 1942 Executive Order # 9066 which asserted his Commander-in-Chief power to
authorize the creation of Japanese-American internment camps that were created pursuant to under his authority at Commander-in-Chief.


Youngstown Sheet and Tube v. Sawyer  343 U.S. 579 (1952)
The Court declared Harry Truman's 1952 Executive Order # 10340 unconstitutional. The order had asserted the President's Commander-in-Chief power
to authorize the government seizure and operation of the steel mills in order to prevent a work stoppage during wartime.


Rasul v. Bush and Hamdi v. Rumsfeld (2004)
The Court ruled that the President's Commander-in-Chief power did not give him the unlimited authority to detain "enemy combatants" indefinitely
without giving them any recourse in the Courts.


The Veto and Fiscal Powers
Bands of State of Washington v. United States  279 U.S. 655 (1929) "The Pocket Veto Case"
The Court upheld the practice of the "pocket veto" by ruling that a bill that was passed within the last ten days of a session never became a law
because the President never signed it before Congress adjourned


Train v. City of New York  420 U.S. 35 (1975)
The Court ruled that the President, as Chief Executive, did not have the authority to impound funds appropriated by Congress,
unless he is expressly granted that authority in the appropriating legislation.


Clinton v. City of New York  524 U.S. 417 (1998)
The Court declared the Line Item Veto Act, and therefore the President's short-lived line item veto power,
unconstitutional as a violation of the "Presentment" clause of Article I of the Constitution 



Executive Immunity
United States v. Nixon  418 U.S. 683 (1974)
As a part of the investigation of the Watergate scandal, Nixon was subpoenaed to release tape recordings of conversations taking place in the Oval Office.
Nixon challenged a court order to release the tapes on the grounds that "executive privilege" granted him immunity from the judicial process.
The Court recognized the concept of executive privilege, but argued that the privilege was not absolute and did not apply in a criminal investigation.


Nixon v. Fitzgerald  457 U.S. 731 (1982)
The Court ruled that a President has absolute immunity from liability for damages resulting from official acts.


Clinton v. Jones  520 U.S. 681 (1997)
The Court ruled that the President's immunity from civil suits did not extend to cases involving unofficial acts.
This case allowed the Paula Jones sexual harassment case against Bill Clinton to proceed.


Appointment/Removal Power
Myers v. United States  272 U.S. 52 (1926)
The power to remove an executive officer is an executive function and, unlike appointments, does not require the advice and consent of the Senate.