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Unformatted text preview: McCullock vs Maryland (1819) o The Bank Controversy o The meaning of "Necessary and Proper" A limiting or empowering clause? o Interpreting grants of power Strict vs broad construction "...we must never forget that it is a constitution we are expounding." John Marshall. o Morris the most important person of constitution Delegating Legislative Authority o Early Guidelines Determining basic policy o The Modern Administrative State Unconstitutional delegations Schechter poultry vs United States The end of judicial supervision Mistretta vs United Sates Executive Power o The Neutrality Proclamation o Pacificus (Hamiliton) President is vested with a general grant of authority "The executive Power shall be vested in a President of the United States of America." Article II, Section 1 Contrast with Article I: "All legislative Powers herein shall be vested in a Congress of the United State..." "The EXECUTIVE POWER of the nation is vested in the President, subject only to the exceptions and qualifications which are expressed in the constitution. He is the "organ of intercourse" with foreign nations He is the only fixed branch of the government o Helvidius (Madison) The executive power presupposes the existence of laws Treaties and declarations of war are by nature legislative acts Pacificus borrowed his construction of executive power from the royal prerogatives of the British government. ...
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- Fall '08