Justice Jackson

Justice Jackson’s opinion gives us great insight into how he views the Constitution.  Justice Jackson explains that the President has power, but it is limited. The President can expand on his power depending on Congress.  Justice Jackson explains executive action into three categories:  those cases in which the President was acting with express or implied authority from congress; cases in which Congress had thus far been silent; cases in which the President was defying congressional orders.   Action within that first category is constitutional, unless the federal government “as an undivided whole lacks power.”  This category gives the President the most amount of power. In the second category, “Congressional inertia, indifference, or quiescence may sometimes, at least as a practical matter, enable, if not invite, measures on independent presidential responsibility.”  The third category is the lowest amount of power the President can achieve.  Justice Jackson explains, “courts can sustain exclusive presidential control… only by disabling the Congress from acting from.”  From these categories, we can assume that the President has no significant legislative power and that the President must follow the law.  As for the judicial branch, the court is necessary to keep the President’s power in check and to make certain he is performing within the Constitution.  From Justice Jackson’s point of view, it is Congress that holds the true power, while the court is the President’s oversight.

 All these factors were designed to prevent the President from becoming too powerful and from reading his statement, it seems that the Constitution follows this interpretation for the most part.  From any power the President has, Congress and the judicial branch have an impact.  From the war powers act to appointing judicial officials and to judicial review; one way or the other Congress and the Courts has an effect on what the President does.  There have been instances where the President has circumvented Congress such as George Bush and interrogation methods.  Nevertheless, the implication for this view is that nothing would get done!  The government is extremely slow; therefore imagine if the government followed this view word for word.  I am not sure that Justice Jackson’s strict view is feasible in this day of age.