 |  The Presidency Jeffrey Cohen,
Fordham University - Bronx
David Nice,
Washington State University - Pullman
Assessing the Constitutional Presidency
Internet Resources
This case finally resolved the constitutional question raised by the Andrew Johnson impeachment trial, as to the right of a president "to remove any executive officer appointed by him by and with the advice and consent of the Senate, and this power is not subject in its exercise to the assent of the Senate, nor can it be made so by an act of Congress."
| Myers v. United States, 272 U.S. 52 (1926)
(http://supct.law.cornell.edu:8080/supct/historic_idx/272_52.htm)
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This decision ruled that "Title II of the Housing and Rent Act of 1947, enacted after the effective date of the Presidential Proclamation terminating hostilities on December 31, 1946, and limiting the rent which may be charged for certain housing accommodations in "defense rental areas," is a valid exercise of the war power of Congress."
| Woods v. Cloyd W. Miller Co., 333 U.S. 138 (1948)
(http://supct.law.cornell.edu:8080/supct/historic_idx/333_138.htm)
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Decision ruled hat if the "President finds that the prohibition of the sale of arms and munitions of war in the United States to those countries now engaged in armed conflict in the Chaco may contribute to the reestablishment of peace between those countries, and if, after consultation with the governments of other American Republics and with their cooperation, as well as that of such other governments as he may deem necessary, he makes proclamation to that effect, it shall be unlawful to sell, except under such limitations and exceptions as the President prescribes, any arms or munitions of war in any place in the United States to the countries now engaged in that armed conflict, or to any person, company, or association acting in the interest of either country, until otherwise ordered by the President or by Congress."
| United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936)
(http://supct.law.cornell.edu:8080/supct/historic_idx/299_304.htm)
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This decision ruled on the president's war powers during a civil, stating that during the "present civil war between the United States and the so-called Confederate States has such character and magnitude as to give the United States the same rights and powers which they might exercise in the case of a national or foreign war, and they have, therefore, the right jure bello to institute a blockade of any ports in possession of the rebellious States. The proclamation of blockade by the President is, of itself, conclusive evidence that a state of war existed which demanded and authorized recourse to such a measure."
| Prize Cases, 67 U.S. 635 (1862)
(http://supct.law.cornell.edu:8080/supct/historic_idx/67_635.htm)
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This case provided a detailed interpretation on the constitutionality of the president's ability to negate legislation through veto powers.
| The Pocket Veto Case, 279 U.S. 655 (1929)
(http://supct.law.cornell.edu:8080/supct/historic_idx/279_655.htm)
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