Justice Jackson’s framework of presidential powers laid out in the Youngstown Sheet & Tube Co. v. Sawyer case discusses three situations and the level of power the president possesses in accordance to said situations. The first of these regards when the President “acts pursuant to an express or implied authorization of Congress” at which point his power is at its highest. The second situation is when the President “acts in absence of either Congressional grant or denial of authority” in which case he must rely upon his own independent powers. However, there is a gray area in this scenario in which he and Congress may have “concurrent authority or in which its distribution is uncertain.” The third situation regards when the President “takes measures incompatible with the expressed or implied will of Congress…for …show more content…
At times, Congress itself has defended the President’s constitutional prerogative.” While the Court later recognizes, and does not diminish, Congress’s substantial powers in regard to foreign affairs, it states that this case in particular is “confined solely to the exclusive power of the President to control recognition determinations, including formal statements by the Executive Branch acknowledging the legitimacy of a state or government and its territorial bounds” and therefore, “Congress cannot command the President to contradict an earlier recognition determination in the issuance of passports.” In the end, their decision to affirm the Court of Appeals ruling that “214(d) unconstitutionally infringed on the president’s authority to grant formal recognition to a foreign sovereign” was indeed compatible to Justice Jackson’s legal analysis which stated the Court must “scrutinize with