[2 Possible Answers] (Question 5): Which constitutional provisions has been used to justify the inherent powers of the president? Please explain your answer.

Question

(Answer 1[A]: The War Powers Act).
(Answer 2[B]: The Vesting Clause).
(Answer 3[C]: The Power to Declare War).
(Answer 4[D]: The Take Care Clause).

Answer 1

Answer 1[A]: The War Powers Act is not a constitutional provision, but a federal law passed by Congress in 1973. It has been used to regulate the president's powers in committing military forces to armed conflict. Under this Act, the president is required to notify Congress within 48 hours of committing armed forces to military action abroad, and if the military action lasts for more than 60 days, the president needs explicit authorization from Congress to continue military operations. While the War Powers Act may be seen as a way to check and limit the president's inherent powers, it is not a constitutional provision.

Answer 2[B]: The Vesting Clause refers to Article II, Section 1, Clause 1 of the U.S. Constitution, which states that "The executive Power shall be vested in a President of the United States of America." This clause is often used to support the inherent powers of the president. It is argued that the language "executive Power" grants the president broad authority to carry out the functions of the executive branch, and inherent powers are derived from this grant of authority. These inherent powers include the ability to make treaties, grant pardons, appoint and remove executive officials, and conduct foreign relations. The Vesting Clause is a constitutional provision that is often cited as a source of the president's inherent powers.