Essay Question 1

In early 2011, U.S. intelligence comes to believe that Iran is on the brink of developing nuclear weapons. The United States presents this information to the UN Security Council and seeks a resolution authorizing the use of military force to disable Iran’s nuclear program. After significant debate, it becomes clear that Russia will veto any resolution that allows for the use of force. As a result, the Council simply issues a resolution condemning Iran’s nuclear activities.

The CIA subsequently provides information to the President indicating that there have been recent meetings between Iranian leaders and members of the al Qaeda terrorist organization. This information further suggests that the purpose of these meetings is to arrange for the sale by Iran of a nuclear device to al Qaeda, for possible use in a terrorist attack in the United States. After receiving this information, the President begins mobilizing U.S. military forces in the Persian Gulf region, and he demands that Iran cease all nuclear activities if it wishes to avoid military action. Iran insists that its nuclear activities are solely for energy production, and it accuses the President of creating a pretext for war.

With the conflict in Iraq still consuming a substantial amount of U.S. military and economic resources, many members of Congress express concern that it would be ill- advised for the United States to become engaged in what could be another costly and protracted military campaign. After much discussion, a bare majority in each house of Congress approves a joint resolution – the Prohibition on the Use of Military Force (PUMF) – stating that, “The President may not initiate any new military conflict without specific congressional authorization, consistent with the terms of the War Powers Resolution.” The President vetoes this resolution, and, about a week later, he directs the U.S. military to begin a series of bombing operations in Iran designed to disable its nuclear production facilities.

Discuss whether the President had legal authority to attack Iran. Essay Question 2

Believing that recent Presidents have abused signing statements, Congress passes a bill regulating their use—the Signing Statement Reform Bill. The Bill provides that whenever the President issues a signing statement that denies the constitutionality of a bill he signs into law or purports to “construe” a bill to avoid a constitutional question, the President must file the signing statement with Congress as an objection under Article I, section 7. Congress will then have a chance to override his objections, thereby nullifying them, once and for all. Neither the incumbent nor future Presidents are to rely upon the arguments contained in overridden signing statements.

The President vetoes the Bill. In his objections, he says it is unconstitutional for two reasons. First, it attempts to dictate legal reasoning to Presidents, a power the Constitution never cedes to Congress. Quoting Andrew Jackson, the President says that no one branch can dictate legal reasoning to the others. Second he declares that Congress lacks the power to impose reporting requirements on the President.

Congress overrides his veto of the Signing Statement Reform Bill, making it into a law. Discuss the constitutionality of the Signing Statement Reform Law. Short Answer Questions. Answer these questions in no more than three sentences.

Discuss the following proposition: Congress must create all federal offices, other than the Presidency and Vice-Presidency.

Provide the textual arguments for the proposition that the executive may remove executive officers.

Describe why the Court in Chadha regarded the legislative veto as unconstitutional.

Discuss the following proposition: Under the doctrine of executive privilege, the President has a constitutional right to prevent secrets from coming to light.

Describe the Pocket Veto and when it can be exercised.