AL Bar Practice Questions - Alabama Bar Examination Exam

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The President issues an executive order directing private steel mills to remain operating during a labor dispute, citing national security, but Congress has enacted statutes addressing labor disputes that do not authorize the seizure. Under separation-of-powers principles tested on the MBE, how is the President's action analyzed?

It is valid because the President is Commander in Chief Under the Youngstown framework, the President's power is at its lowest ebb when acting contrary to the implied will of Congress, and the action is likely invalid It is automatically valid as an executive order Only the Supreme Court may issue any order regarding steel mills

Correct Answer:

Under the Youngstown framework, the President's power is at its lowest ebb when acting contrary to the implied will of Congress, and the action is likely invalid

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