20. Is the President's executive order constitutional?

Unlike Congress, whose powers are more delineated, much of the President's power is implied.

Despite its willingness to infer the existence of broad presidential authority, the U.S. Supreme Court has adhered to an overarching limitation on presidential power: the President may not make laws, he may only carry them out. However, Congress may sometimes be found to have impliedly acquiesced to the President's exercise of power in a certain area.

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. Where 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 action will be upheld as long as the act does not take over the powers of another branch of government or prevent another branch from carrying out its tasks.

The President has the authority to direct the actions of federal executive agencies, so long as the President's directives are not inconsistent with an act of Congress. The President does not have the authority to direct the actions of persons outside the executive branch unless the President's direction is authorized by an act of Congress.

A is correct. Section 1 of the President's executive order is constitutional, where Section 2 is not. Section 1 is constitutional because the President has the authority to direct the actions of federal agencies as long as those directives are not inconsistent with congressional actions. Here, the U.S. Weather Bureau is a federal agency, and no federal statute applies, which means the President may direct the Bureau to state temperatures only in Celsius in all weather reports. Section 2, by contrast, is unconstitutional because the President does not have the authority to direct actions of individuals outside the executive branch absent Congressional delegation. Thus, by requiring privately-owned radio and TV stations (despite having federal licenses) to report only in Celsius, the President is exceeding his authority. The facts offer no other justification for the President to take such action.

B is incorrect. Section 2 of the executive order is unconstitutional, as the President is not authorized to direct the actions of persons outside the executive branch unless such direction is authorized by Congress. Section 1 of the executive order is constitutional because, as explained above, the President has the authority to direct the actions of federal executive agencies, so long as the President's directives are not inconsistent with an act of Congress.

C is incorrect. This answer is only partially correct. Section 1 is constitutional, but Section 2 is not. The President may properly direct actions of federal executive agencies if not inconsistent with acts of Congress, as Section 1 allows. However, Section 2 goes beyond the presidential authority by directing actions of people outside the executive branch absent congressional authorization.

D is incorrect. This answer is also only partially correct. Although Section 2 is unconstitutional, Section 1 is, in fact, constitutional under the President's authority to direct federal agencies.