3 Categories:
1. E+C=Maximum authority of Executive
Exec. acts pursuant to implicit/explicit authority of Congress
2. E without C= Middle authority of Executive
Exec. acts in the absence of either congressional grant or denial of authority & he relies on his independent or concurrent authority.
3. E – C= low/no authority of Executive
Exec. takes measures incompatible with the express/implied will of Congress, he can rely only on his own power minus the power of Congress over the matter.
This case is in the third group b/c there are 3 policies inconsistent w/ the seizure:
A is not valid b/c it allocates only the generic powers stated afterwards.
B is not valid b/c only Congress can declare war, a president that could have internal control b/c he committed forces elsewhere is alarming.
C is not valid b/c it is limited by 5th Amend (“no person shall be deprived of life, liberty or property”)
? is not permissible b/c it implies an unchecked implied power. While this may be the case in time of necessity, not valid w/o statute expressing it.