CNMI Bar Practice Questions - Northern Mariana Islands Bar Examination Exam

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The President issues an executive order directing private steel mills to remain open during a labor dispute, claiming inherent authority. Under the Youngstown framework, the President's power is at its lowest ebb when:

Congress has expressly authorized the action The President acts contrary to the express or implied will of Congress Congress is silent on the matter The action concerns foreign affairs

Correct Answer:

The President acts contrary to the express or implied will of Congress

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