Application of V.2(d) – Vital Interest Provision

The Constitution is unclear as to whether decisions taken by the Presidency under authority other than Article V.3(a) – (e) are subject to the vital interest provisions found in Article V.2(d). The vital interest provisions appear only to apply to the powers listed in Article V.3(a) – (e). But the language in Article V.2(d) could be interpreted broadly enough to make any other formal “decision” subject to its terms.

As mentioned above, Article V.2(c) clearly divides the powers listed in Article V.3 into those that require a “decision” (a-e) and those that do not (f-i). Article V.2(c) is also clear that those “decisions” are subject to the vital interest provisions of subparagraph (d). The language of subparagraph (d), however, does not restrict its provisions to decisions taken pursuant to the previous subparagraph. Article V.2(d) could therefore be interpreted to apply to all Presidency decisions, those taken pursuant to Article V.3(a)-(e) and those taken under the authority of any other provision of the Constitution.