Obama was sworn in: after the victory in the 2008 presidential election, Barack Obama was sworn in on January 20, 2009. After the Zivotofsky court found that the Constitution gave the president exclusive power to recognize foreign sovereigns, it decided that the legal directive that the State Department should bury passport applications of Jerusalem-born U.S. citizens to have their place of birth identified as „Israel“ was an unacceptable intrusion into the presidential recognition authority. In the Court`s view, the power of Congress to regulate the issuance of passports, while far-reaching, should not be exercised in a way that should compel the executive branch to „oppose an earlier provision of recognition in an official executive document“ addressed to foreign powers.57 Executive agreements are often used to circumvent the requirements of national constitutions for ratification of treaties. Many nations that are republics with written constitutions have constitutional rules on treaty ratification. The Organization for Security and Cooperation in Europe is based on executive agreements. The most obvious meaning of the language of Article II, Number 1, is to confirm that the executive is entrusted to one person, but almost from the beginning, it was said that words meant much more than that simple designation of the place. In fact, the disagreement over this language reflects a much broader debate about the nature of the presidency. With Justice Jackson, „we may be surprised at the poverty of a truly useful and clear authority that applies to the concrete problems of the executive as they actually present themselves.
This is exactly what our ancestors would have imagined or imagined, if they had foreseen modern conditions, that must be made divine from materials almost as enigmatic as the dreams that Joseph should interpret for Pharaoh. A century and a half of partisan debates and scientific speculation do not bring any net result, but only give quotes more or less well made from prestigious sources on each page of each question. They largely cancel each other out. 14 At least it is true that „lax and general statements“ that refer to the powers and duties of the executive15 place the president in a position where, as Professor Woodrow Wilson put it, he has „the right to be as great in law as he can“ and in which „only his capacity will lay the limit.“ 16 If the law obliges a head of the eo nomine department, is the president entitled, by virtue of his duty, to „ensure the faithful enforcement of the laws“, to replace his own judgment with that of the senior official on the fulfilment of that obligation? During the debate in Parliament in 1789 on the place of moving power, Madison argued that it should be attributed to the president alone, because „the intention of the Constitution was particularly expressed in the faithful enforcement clause that the first magistrate should be competent for the executive,“ and that responsibility, he argued, had the power to „control and control“ the conduct of subordinate executive officers. „Vest,“ he said, „the power [of impeachment] in the Senate with the president, and you immediately eliminate the great principle of unity and responsibility within the executive, which was intended for the security of freedom and the common good.“ 729 Scientific criticism of Sutherland J.`s argument has shown, that its principal premise, the transfer of sovereignty in external affairs directly from the British crown to the colonies as a collective entity, is erroneous.30 Dicta discussed in subsequent cases the conclusions drawn at Curtiss-Wright on the inherent power of external relations, rather than being subject to the restrictions of the delegated doctrine of power.31 Attitude in Kent v.