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31. Is the President's order constitutional?
Because of a sudden and unanticipated severe shortage of heating fuel, the President has ordered all offices of federal executive agencies to be open only four days per week. The President's order allows an exception to the extent that emergency circumstances require different hours of operation (as in the case of federal hospitals). When Congress enacted the appropriations statute for operating all federal executive agencies, its members assumed that the offices of those agencies would be open five days per week, but Congress did not include such a requirement in its appropriations statute or in any other statute.
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The President's power over internal (i.e., within the U.S.) affairs as the chief executive is unclear. Clearly 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.
D is correct. The President's order is constitutional because it falls within his authority to manage federal executive agencies and no other congressional action prohibits it. When the President acts within the bounds of his executive powers, and when Congress is silent on the matter, his directives will be upheld as long as they do not otherwise interfere with other branches. Here, when Congress enacted the appropriations statute for funding federal executive agencies, although it assumed they would be open five days per week, there was no requirement in the statute.
A is incorrect. The heads of executive agencies do have the power to operate their offices, but it is subject to the authority of the President when properly invoked. The President may properly issue orders to direct heads of agencies as long as they meet the requirements explained above.
B is incorrect. Congress's assumption that executive agencies would be open five days per week is not enough to constitute a legislative measure that the President must abide by. This assumption is equivalent to being silent on a matter, which is why the President's order is constitutional.
C is incorrect. This answer reaches the correct answer with the wrong reasoning. Although the President's order is constitutional, he does not have plenary authority to direct all administration of federal agencies in any way he chooses. His direction must abide by the will of Congress and must remain contained in the executive branch. If he acts in a way that conflicts with the will of Congress, it will likely be invalidated.