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15. May the President constitutionally create such a commission for this purpose?
The vaccination of children against childhood contagious diseases (such as measles, diphtheria and whooping cough) has traditionally been a function of private doctors and local and state health departments. Because vaccination rates have declined in recent years, especially in urban areas, the President proposes to appoint a Presidential Advisory Commission on Vaccination which would be charged with conducting a national publicity campaign to encourage vaccination as a public health measure. No federal statute authorizes or prohibits this action by the President. The activities of the Presidential Advisory Commission on Vaccination would be financed entirely from funds appropriated by Congress to the Office of the President for «such other purposes as the President may think appropriate.»
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The President's power over internal (i.e., within the U.S.) affairs as the chief executive is unclear. The President has some power to direct subordinate executive officers, and there is a long history of presidents issuing executive orders. When the President acts with the express or implied authority of Congress, his authority is at its maximum and his actions are likely valid. See Youngstown Sheet Tube v. Sawyer, 343 U.S. 579 (1952). When the President acts where Congress is silent, his actions will be upheld as long as the acts do not take over the powers of another branch of government or prevent another branch from carrying out its tasks.
The power of state governments is sometimes called «inherent» because a state government, as far as the U.S. Constitution is concerned, holds a general «police power,» (i.e., the power to protect the health, safety, or general welfare of state residents). An action by a state government is valid under federal law unless it violates any specific limitation imposed by the U.S. Constitution. Congress shares the power to enact legislation through its taxing and spending power that promotes the general welfare, i.e., the health and safety of U.S. citizens.
B is correct. The President may establish this commission because it falls within his constitutional authority as chief executive. First, Congress is silent on this matter — there is no federal statute prohibiting the creation of this advisory commission. Second, even though Congress shares the power to promote public health measures such as this through taxing and spending legislation, the President may still establish the commission because Congress has given him authority through the appropriation of funds for the commission and for «such other purposes as the President may think appropriate.»
A is incorrect. This answer reaches the correct answer with the wrong reasoning. Although the President may establish this commission, it is not because he has plenary authority to provide for the health, safety, and welfare of the U.S. Congress has the primary authority to spend in promotion of the general welfare, and Congress may delegate and share authority with the President, who is charged with enforcing the regulatory goals of Congress.
C is incorrect. States do possess an inherent «police power» to protect the health, safety, and general welfare of their residents, although the federal government also shares this power. As such, the President may establish this commission because it is not in conflict with any federal statutes, it has been authorized by Congress, and it is a proper use of federal powers to further the health of the public.
D is incorrect. It is not a requirement that Congress explicitly authorize the creation and support of a new federal agency. The President may use his executive power to take this type of action, as long as no statute prohibits it, and with the implied authority of Congress, which exists here given its appropriation of funding for the commission.