Questions for Amer. Pres Exam 2

Since the process of appointing Supreme Court nominees has become so politicized, what strategies might a president need to use to ensure that his or her nominees are confirmed?

"Going public": using presidential resources or rhetoric to set the terms of debate in the nominee's favor, or appealing to public opinion; Take advantage of the unitary nature of the office: using administration officials and agencies (the White House Office of Communication) to promote the nomination; Congressional liaison: again, this is similar to electoral politics. Presidents use the congressional liaison office to bully and threaten or reassure and promise—this is similar to starting a lobbying campaign on behalf of legislation; Mobilize interest groups: use the Office of Public Liaison to institutionalize the participation of interest groups in support of the nominee.

What is a legislative veto? Are they legal? Be sure to explain the Supreme Court's logic in INS v. Chadha.

A legislative veto gives congress the ability to use a concurrent resolution or other device to overturn executive activities. Technically no.. but they are still used after this case during following presidencies. (NASA, Money for the Contras) The supreme court's logic in INS v. Chadha was that the one-house vote violates the bicameral process of Congress and also found that legislative vetoes violates the presentment clause because the president cannot overturn with their own vetoes.

What is a line-item veto? Why did the Supreme Court find this type of veto unconstitutional in Clinton v. City of New York?

A line-item veto gives the president power to veto specific items in a bill sent from congress. The supreme court found this type of veto unconstitutional because it violated the presentment clause which suggests that the president must approve of a whole bill - not parts of it.

What is a "pocket veto"? What does it mean to say that it is an absolute veto?

A pocket veto occurs when congress adjourns within 10 days of sending a bill to the president and he/she does not sign it. This is considered an absolute veto because the president is not required to add a message and congress cannot override it.

What is a recess appointment? In what way did the Supreme Court recently limit the president's ability to use recess appointments in the case NLRB v. Noel Canning?

A recess appointment is the ability of a president to fill up vacancies that may happen during the recess of the Senate, free of advice and consent, and that person can stay in the position until the end of the next session. The supreme court recently limited the president's ability to use these in NLRB v Noel Canning by placing limits on the specific times a president can use recess appointments. The majority found that it was unconstitutional for the president to use these appointments when the senate is out for less than 10 days, more conservative justices found that the president should be even more limited.

According to Hamilton in Federalist Paper #76, what are the jobs of the president and the Senate in the appointment of judges?

According to Hamilton, the job of the president in the appointment of judges is to nominate judges and justices, in order to make sure that a single standard is used. He argues that the job of the Senate is to give advice and consent to the president's choices.

1.What is an executive order? How have presidents used them to expand their authority?

An executive order is a formal directive from the president that carries weight of the law but does not require the approval of Congress. Wilson used an executive order to racially segregate employment in the federal government. Franklin Roosevelt used an executive order to close banks when he entered office. Truman used an executive order to begin the process of ending segregation in the military.

Who was the first president to use the veto because he disagreed with a policy? What did he veto, and how did he justify his use of the veto?

Andrew Jackson was the first president to use the veto because he did not agree with the policy. He vetoed the national bank and justified the veto by saying that no branch had the final authority on interpreting the constitution.

Describe Dolley Madison's behavior as First Lady. What made Dolley Madison one of the country's most famous and well-loved First Ladies? How did she differ from Abigail Adams?

Dolley Madison was the first lady to serve as the "hostess" of the White House for two different presidents. Dolley was very active in her husbands political career, offering him advice and working to include his opposition in order to not alienate them. Dolley was highly regarded for staying in the Whitehouse and salvaging a painting of George Washington, which showed she was loyal to her country. She was one of the most famous and well-loved first ladies because she was very social and a strong leader who helped women in politics and eventually paved the way for women being invited to political events and congressional meetings. Dolley Madison was different from Abigail Adams because Abigail Adams was very partisan while Madison worked to include opposition.

Eisenhower is said to have used a "hidden-hand" approach to the presidency. According to the textbook, how did Eisenhower understand the task of being president?

Eisenhower believed that the office of the president is harmed when the president appears to lead politically. For this reason, much of what Eisenhower did in office was behind the scenes to ensure that the office still had dignity and influence.

Describe Eleanor Roosevelt's activities as First Lady.

Eleanor Roosevelt played a large role as a stand-in, adviser, and manager to her husband. She was very talented at many things, an entrepreneur and a journalist. She was the first first lady to publicly promote the cause of working wives and to normalize women's role in politics. She was an avid supporter of civil rights for African Americans and a supporter of human rights in general.

Briefly describe the organizational powers of the presidency

Executive Office of the President (EOP): The many resources of the EOP can be employed on behalf of the president's agenda. Of course, to be useful aides must be knowledgeable about Washington insiders, processes, and culture. Office of Congressional Relations: Eisenhower established the first White House congressional liaison office, which was dedicated to tracking bills, communicating White House interests to members of Congress, and gathering information about the intentions of members. The key to the OCR's effectiveness is that aides in this office must have the ear of the president, and they must be known by members of Congress to have an interest in "speaking for the president." Office of Public Liaison: This office exists to organize and mobilize outside interest groups in support of the president's agenda. Political Party: The party is a potential resource. Members of the president's party in Congress give the president an automatic basis of potential support. Members of the president's party are more likely to support the president than the opposition.

According to the textbook, how did George H.W. Bush's use of signing statements stand out from the way they were used by his predecessors?

George H.W. Bush's use of signing statements stood out from his predecessors because he used them more often than any president before and they carried more weight than those before. By doing this he expanded one method that a president can use to avoid directly confronting congress with a veto yet still follow his legislative agenda.

What was the name of George W. Bush's philosophy about the appropriate role of government in people's lives? This philosophy is similar to that of which other president?

George W Bush's philosophy about the appropriate role of government in people's lives was called compassionate conservatism. This philosophy was similar to that of Bill Clinton's "New Covenant" or "third way".

Why did Gerald Ford pardon Richard Nixon for any crimes he might have committed during Watergate?

Gerald Ford pardoned Nixon because he believed that the country had already been through enough with the embarrassment of the whole scandal and that the only way for the country to move forward would be to dismiss him and make something else the focal point of the country.

Bush administration policy regarding the detention of enemy combatants was altered by several Supreme Court decisions. Explain two of the cases.

Hambi v Rumsfeld (2004) was a supreme court case which involved the denial of habeas corpus to a US-Saudi dual citizen who was arrested while fighting the US abroad. The court ruled that Hamdi had the right to habeas corpus regardless of citizenship status but also that the US govt could hold them for as long as hostilities continued. Hamdan v Rumsfeld (2006) was supreme court case which centered around the former driver for Osama Bin Laden when he was captured and tried in a military tribunal. The court ruled that the president cannot use military tribunals because they had not been authorized by congress, they were not a military necessity and they violated the Geneva conventions. The court banned them unless a) congress authorizes use or b) if tribunals used the same standards as Martial courts.

According to the article about protective return vetoes, the author argues that the protective return veto is "literal constitutional nonsense" and makes four points in arguing this. Very briefly, what are his four points?

His four points are as follows : 1) The constitutional return veto and pocket veto mentioned in the constitution are mutually exclusive actions. 2) The return is incompatible with the founding fathers' intent, specifically their absolute rejection of an absolute veto 3)The protective return creates doubt, it does not resolve it. 4)The protective return process contradicts the existing case law.

According to the textbook, the impeachment of Clinton led to a series of court decisions that weakened the authority of the presidency. Name and explain the Supreme Court's decision in one of these cases.

In Clinton v Jones, the Supreme Court rejected President Clinton's claim of immunity against a sexual harassment lawsuit by Paula Jones. The court's ruling established that even sitting presidents are subject to civil suits.

According to the memo issued by Obama shortly after becoming president, what steps would he be following in using signing statements?

In Obama's memo, he said that the executive branch would take steps to inform Congress of constitutional concerns with pending legislation, so avoid the need for a signing statements. Obama said he would avoid conclusions that a part of legislation passed by congress was unconstitutional and act with caution and restrain in assessing its constitutionality. Obama promised to he ensure that his signing statements would be clear and specific in explaining any problems with the legislation. Lastly, Obama said he would announce in signing statements that he would create a statutory provision in a manner that avoids a constitutional problem.

Why was the Twenty-Fifth Amendment to the Constitution adopted? What are its three major provisions?

It was adopted following a string of presidential deaths and health crises in order to clarify the vice president's role. It dealt with three critical issues: (1) it made it clear that the vice president becomes president if the president dies or resigns; (2) it established a procedure for presidential incapacitation and for determining when the vice president should serve as acting president; and (3) it created a mechanism for filling vacancies in the vice presidency when the vice president is elevated to president.

Why was the process of nominating Robert Bork so political? Why has the Bork fight left a lasting impact on judicial nominations?

It was highly politicized because a moderate member of the court was retiring and Reagan nominated a strong conservative to replace him. It threatened to permanently change the balance of power on the court. This fight had a lasting impact because we have been in a period of very close division between Democrats and Republicans and both parties see controlling the courts as a way to have a long-term impact on policy. Thus, nominations have become high-stakes political fights.

It became clear during Johnson's presidency that he and his aides deceived the American people about the progress of the Vietnam War. Why did he do this?

Johnson and his aides deceived the American people about the progress of the Vietnam War because he wanted to paint a "rosy picture" of the war effort so that the American people would believe it was controlled.

What was the name of Johnson's domestic policy agenda? Give at least three examples of programs that were part of that agenda (excluding civil rights).

Johnson's domestic policy agenda was called "The Great Society." Medicare (government health insurance for the elderly), Medicaid (government health insurance for the poor), and WIC (Women, Infants and Children) were all part of Johnson's policy agenda.

In what sense(s) was Kennedy the first television president?

Kennedy was the first television president because he understood how it could function as a political tool to have a good appearance on TV. JFK was comfortable on television and he worked with his advisers to use this image of the presidency on television to his advantage.

Why was Kennedy timid to push forward with a civil rights agenda when he was president?

Kennedy was timid to push forward with his civil rights agenda during his first term because southern conservatives in the Democratic Party opposed it and he was trying to bolster southern support during this time. He was looking forward to working on his civil rights agenda during his second term but he needed to get re-elected for that to be a possibility.

What was McCarthyism? How did Eisenhower handle it? Why did he choose to handle it as he did?

McCarthyism was an anticommunist movement led by a charismatic Wisconsin Senator, Joseph McCarthy. Eisenhower worked behind the scenes with elected officials and the media to get the Senate to censure him. Eisenhower did not want to publicly debate the senator because he thought that it would invalidate the office of the presidency.

Walter Mondale is often cited as being the vice president who made the vice presidency more relevant. According to the textbook, what is his "most tangible contribution" to the institution of the vice presidency?

Mondale's most tangible contribution to the institution of the vice presidency was the authorization that he won to attend all presidential meetings, receive full access to the flow of papers to and from the president and occupy an office in the West Wing of the White House.

In what sense(s) was Nixon the real television president?

Nixon was the "real" television president because often used television to improve his public image and it always seemed to work for him. Nixon set the precedent for presidents and presidential candidates to appear on late night television shows to reach out to an audience that may not be otherwise interested.

According to the article about failed Supreme Court nominations, there are several factors that give presidents a natural advantage over the Senate in nominations. What are two of these factors?

One advantage that the president has in ensuring confirmation of judicial nominees is the unitary nature of their office. Using administration officials and agencies to promote the nomination helps the president support their choice. The second advantage is the congressional liaison office which can be used by the president to either bully and threaten or reassure and promise on behalf of their nominee.

Describe the two major constitutional duties of the vice president.

One of the two of the major constitutional duties of the vice president are to be the president of the senate where he/she breaks ties on important issues. The second major constitutional responsibility is to preside over the counting and presentation of the votes of the electoral college after the presidential election.

Examples of vice presidents who proved to be difficult for the presidents they served include John C. Calhoun, Millard Fillmore, Charles Dawes, John Nance Garner, and Henry Wallace. Explain how two of these vice presidents clashed with their presidents.

One of these vice presidents that clashed with their acting president was Charles Dawes. Dawes angered his president Coolidge by changing the cloture requirement to 3/5 a person and because the vice president did not attend the cabinet meetings where the economic status of the US was being disclosed. Coolidge wanted Dawes to be involved in cabinet meetings so that he could be prepared to take over if need be. The second vice president to clash with his president was John Nance Garner who served as president to Roosevelt. Garner objected Roosevelt's escalation of the New Deal because it centralized the federal government. Garner objected to Roosevelt's court packing bill and his desire to increase the power of the federal govt.

The textbook explains four problems with the way the vice presidency was designed in the Constitution. Briefly explain two of these.

One problem was that the vice president's sole responsibility of presiding over the Senate, was not a very important one and left early vice presidents feeling useless. Another major problem was that the vice presidency echoed the framers' hope that political parties would not emerge, because the office would seem like an after-thought if the office was held by the

According to the textbook, while George W. Bush and Karl Rove deserve some of the credit for Republican gains during Bush's presidency, there are several other factors that contributed to improved Republican performance. Briefly explain these factors.

Other factors that improved Republican performance included the massive grassroots voter mobilization operation during Bush's reelection campaign in 2004, building the first national party machine in US history that created a network of campaign volunteers concentrated in 16 competitive states. Another big factor was terrorism and how Republicans assumed the role as the party that can protect American soil as they did following 9/11

What role does political partisanship play in presidential nominations to the Supreme Court?

Political partisanship influences nearly 90 percent of presidential appointments, meaning that presidents will largely only nominate someone from their party. Presidents are influenced by partisanship because they want support from the courts on their policies and they are more likely to get that from their own party.

Briefly describe the operational and strategic tools of the presidency.

Presidential Program: The scope of the president's agenda can be important. One strategy is grand simplification, which is defined by a focus on a few key programs. Another strategy is the modest strides approach in which the president puts forth multiple priorities that are not necessarily integrated or overly dramatic. A third approach is the encyclopedic design, which is a comprehensive program to deal with an entire range of problems. Political Style: This refers to how the president relates to lawmakers, and it can affect the president's legislative success. One approach is the president as nice guy. The nice-guy president performs favors, such as fund-raising, making appearances, giving invitations to the White House, and patronage. Another approach is the president as hardball player. The hardball president uses threats and intimidation to keep members of Congress in line. Such tactics may amount to dirty tricks. In using this approach, the president may also attack Congress via the news media and speeches. A third approach is the president as detached player. The detached president may distance him or herself from congressional politics and let Congress go its own way, especially if a measure is of marginal interest to the president. This tactic is useful in maintaining a nonpolitical image, like Eisenhower did. Timing: It is conventional wisdom that new presidents need to "hit the ground running" and pursue an aggressive agenda when they enter office. One way to hit the ground running is the "shotgun" approach, which means proposing many programs to Congress at once. Public Relations: The president uses television, other media, public approval, speeches, and sound bites to try to influence Congress.

Explain the regional and sociodemographic categories that have been used by presidents at various times in making nominations to the Supreme Court. Why do these considerations come up?

Presidents have historically sought to create a sectional balance on the court for their nominations. There was an example of how there were always "Southern Seats" on the court to make sure that each region had a voice on the court. Although there is new criteria now, presidents still use these considerations to make sure that there is representation of all people on the highest court in the country.

Fill in the blanks: According to the textbook, the modern presidency encourages each president to "exploit the full splendor of the executive office" at the expense of ___________ and ____________, which best takes place in _______________ and the_________________.

Public Debate, Resolution, Congress and the States.

According to the article about signing statements, why did Samuel Alito, then a presidential aide, argue that signing statements should be included in legislative histories?

Samuel Alito argued this because he wanted judges to be able to look back at the president's interpretation of the law.

What was the Bricker Amendment? What was Eisenhower's response to it? What does the textbook say about the impact on the modern presidency of his effort to defeat the Bricker Amendment?

The Bricker Amendment is a constitutional amendment that was proposed to limit the use of executive agreements. Eisenhower fought this amendment with his personal influence to go against members of his own party and defeat it. The impact on the modern presidency from this situation was that this efforts helped to preserve the executive's right to make international agreements unilaterally.

Briefly describe legislation passed during the presidencies of Franklin Roosevelt and Truman that expanded the power of the presidency as an institution.

The Budget and Accounting Act of 1921 gave the president the responsibility to prepare and submit to Congress a single executive branch budget. It also created the Bureau of the Budget (now the Office of Management and Budget). This is perhaps the single most important development in increasing the power of the presidency. The Reorganization Act of 1939 allowed Roosevelt to create the Executive Office of the President (EOP). Several agencies were grouped under the president's direct control, including the Bureau of the Budget, to assist him in coordinating the work of the executive departments. This enhanced his capacity to manage expanding activities of the executive branch. The act also created the White House Office (WHO), which is an extensive personal staff that aids the president (and is part of EOP). The act began centralization of the president's control over expanding executive responsibilities. It also gave the presidency a bureaucratic quality, enabling it to be studied as we would study any large organization. Like any large organization, the presidency has size, complexity, and a central authority. The Employment Act of 1946 requires the president to submit an annual economic report and policy recommendations regarding employment. It also created the Council of Economic Advisers (CEA) to advise the president on macroeconomic policy and to prepare reports on the economy. The CEA has twenty-five to forty staff members. The National Security Act of 1947 gave the president the responsibility to coordinate national defense and foreign policy. It created the Department of Defense and the CIA. It also created the National Security Council (NSC) to advise the president on foreign policy and military matters.

What is the Bush Doctrine? Briefly explain it. The Bush Doctrine was used as the basis of what military action?

The Bush Doctrine was an assertion that the US has the right to treat nations which support terrorists as enemies of the country. It also reasserted the right to take action against nations who pose a potential terrorist threat against the US. The Bush Doctrine was used as the basis of removing Saddam Hussein from Iraq.

President George W. Bush also issued many presidential signing statements. One controversial signing statement was issued when the president signed the Detainee Treatment Act of 2005. What is this act? What did Bush say in his signing statement?

The Detainee Treatment Act of 2005 was an amendment designed to limit the use of "cruel, inhumane and degrading" interrogation techniques. In his signing statement, Bush asserted his right to assert the law as he saw fit.

Why is the Senate more susceptible to political fights over judicial nominees now than it was when the Constitution was first adopted?

The Senate is more susceptible to political fights over judicial nominees now than it was when the constitution was first adopted because Senators are now chosen in popular elections which means they engage in normal politics. They need to appeal to the public to get into office which is why they are more closely tied to their party than the Constitution at times.

According to the article about the Solicitor General, what does the Solicitor General abdicate when he refuses to bring cases to the Supreme Court in which the federal government and the United States have an interest?

The Solicitor General abdicates his his responsibility to advocate for the federal government and the US when he refuses to bring cases to the Supreme Court in which those entities have an interest.

In what ways does the solicitor general influence the Supreme Court?

The Solicitor General has the ability to set the agenda of the Supreme Court because it is more likely to hear cases that have been filed by her/him. The arguments are already presented on behalf of the government under the Solicitor General's supervision. These arguments are often reflected in the decision made by the court.

In what ways did the Supreme Court's decision in the Humphrey's Executor case somewhat limit the impact of the Myers decision?

The Supreme Court's decision in Humphrey's executor may have limited the impact of Myers v US because it made some government employees more protected and separated from the office of the President. The court argued that independent regulatory commissions are not purely executive entities because they do "quasi-legislative" and "quasi-judicial" things and that meant that they need to be free of presidential influence and outside pressures.

In their conclusion, the authors of the article about signing statements suggest two ways in which signing statements may be viewed as a beneficial part of interbranch dialogue. What are these two ways?

The author says that signing statements are usually done in a positive manner rather than an adversarial manner. When presidents issue signing statements in a positive tone it allows for open dialogue and conversation between political actors and their counterparts. The author also explains how signing statements as another form of presidential communication to the public. Signing statements allow the public to understand the president's actions or gain some insight.

According to the article about Solicitors General, what are the two main explanations given when people ask why the SG doesn't file more cert. petitions? In general, what is the author's response to these arguments?

The first main argument is that the Solicitor General's credibility with the court is very important and he puts that relationship in jeopardy when she/he files more cert. petitions. The second argument is that the Solicitor General must make important decisions about which priorities to pursue because they only have so much time in office. The author did not find either of these arguments very convincing.

According to the article about signing statements, there are two basic types of signing statements. Briefly explain each type.

The first type of signing statements is "rhetorical." It is meant to show gratitude for those helping enact the law. The second type of signing statement is meant to reinterpret the law passed and make the executive branch's views clear.

Explain the four functions of the Office of Management and Budget.

The four functions of the OMB are; 1) Budget Preparation = screening and coordinating the budget requests of departments and agencies setting budget levels. 2) Legislative clearance = screens proposed legislation from departments and agencies and determines whether it is in accordance with the president's agenda. 3) Enrolled Bill process = it recommends whether bills passed by Congress should be signed or vetoed. 4) Administrative clearance = it evaluates rules and regulations of departments and agencies to see whether they are consistent with the president's desires.

What does it mean to say that the presidency has been institutionalized? What is one benefit and one problem of institutionalization?

The institutionalization of the vice presidency means that the office was given power gradually that established precedent that each VP afterward continued. One benefit of institutionalization of this office was that the vice president was now included in high-level meetings and given knowledge of important policies and strategies. One problem of institutionalization is that the vice president has newfound power and could potentially use it against the president or in ways that the president does not approve of. This is a problem because the president and vice president should be united executive forces.

.What is the most important consideration in making judicial appointments, according to Terry Eastland?

The most important consideration in making judicial appointments according to Eastland is the nominee's judicial philosophy because it gives the president an opportunity to influence events long after they leave office.

According to the article about failed Supreme Court nominations, what was the most salient factor in Robert Bork's failed nomination? What factor does the author reject as being the most salient?

The most salient factor in Robert Bork's failed nomination was that the Senate majority was the opposition party, and Bork being conservative was the most salient factor.

How did the vice president's role change after Harry S. Truman's time as vice president?

The office of the vice presidency has become more institutionalized, as vice presidents have gradually been given large staffs to work for them. Vice presidents are now typically relied on more heavily by presidents as advisers, confidantes, and political surrogates. Vice presidents have a larger role in policy and diplomacy than they used to have.

How was vice presidential selection originally designed in the Constitution? What were the problems with this method of selecting vice presidents? Illustrate your answer with an example. How did the Twelfth Amendment fix these problems?

The original selection of the vice president designed by the constitution was that the runner-up with the second most electoral votes held office. An example of this issue would be Aaron Burr and Thomas Jefferson going to the house of representatives and taking 36 ballot votes before it was resolved. The 12th amendment fixed these problems by removing the possibility of political opponents being Vice President and created separate ballots for each candidacy. The 12th amendment took away nearly all prestige of the VP because it was used as a campaign tool previously

Briefly describe the origins of the term "First Lady."

The origins of the term first lady came from the funeral of Dolley Madison, in a speech given about her by President Zachary Taylor.

Which president articulated the principle for when and where to use signing statements to have a real legal impact? What was this president's reasoning?

The president who articulated the principle for when and where to use signing statements was Ronald Reagan. The Reagan Administration's primary reasoning was to aid bureaucratic agencies in understanding how the administration believed laws should be enforced and to influence how courts might interpret laws if they are challenged.

According to the article about signing statements, which president began the first systematic use of signing statements? Which two presidents brought about the "next big change" in the use of signing statements and why did they do so?

The president who began the first systematic use of signing statements was Harry Truman to target his opposition in congress. The two presidents who brought the next big change were Gerald Ford and Jimmy Carter. These two presidents used signing statements to protect presidential authority publicly.

Describe the primary purpose of the veto, as explained by Hamilton in Federalist Paper #73.

The primary purpose of the veto according to Hamilton was as a means of self-protection from the legislature for the president.

According to the textbook, the main purpose of the Twenty-Fifth Amendment is to deal with what two related situations?

The purpose of the amendment was to find a solution for two separate but closely linked situations, presidential disabilities and the vacancy of the office of the vice president

Describe the secondary purpose of the veto, as explained by Hamilton in Federalist Paper #73.

The secondary purpose of the veto is that it provides additional security against "improper laws." Hamilton believed that there may be a danger that Congress would fail to seek to pass laws with the public good in mind

What was the single most important development in the increase of presidential power, according to the Commentary? Why did it increase presidential power?

The single most important development in the increase of presidential power was Congress passing the Budget and Accounting Act of 1921. This increased presidential power because this gave the president legal authority to oversee the allocation of all funds in the executive branch. This gave the presidency new responsibilities and a new institution with which to exercise.

What was the opinion of the Supreme Court about the president's hiring and firing powers in the case Myers v. United States?

The supreme court's opinion about the president's firing and hiring powers in Myers v US was that the president's removal power is inherent and cannot be interfered with by Congress. Taft may have made this decision because of how frustrating his time as President was. This decision maximized presidential control over the executive branch.

What are the three major duties of the solicitor general?

The three major duties of the solicitor general are to: 1. Represent the government in court when the government is party to lawsuit 2. Determine which lost cases should be appealed to either the circuit court of appeals or the supreme court 3. To participate in cases in which the government is not involved by filing amicus curiae briefs supporting or opposing various positions on different issues.

The textbook cites three things as being main causes of the Democrats' big losses in the 2010 midterm elections. What are these three things?

The three things were the partisan disagreements on health care and financial reform legislation as well as the high unemployment rate at the time.

Why was the use of the veto for policy reasons controversial in the first several decades of American history? What was the early precedent for use of the veto that was established by Washington?

The use of veto was controversial for the first several decades of presidents because it was believed to only be necessary when a law was found unconstitutional. Figures like Washington and Taft used it sparingly which was the precedent until Andrew Jackson.

Explain the presidential box score. In general, how are they created? What are the problems with presidential box scores?

There are a variety of ways to formulate a box score: Measure the success of bills on which president took a position. Measure the success of a president's own proposals. Measure the success of major bills (bills mentioned by the OMB as being "in accord with" the president's program and State of the Union addresses). Problems with these measures include the following: presidents support minor bills, bills they do not care about, bipartisan measures, and routine matters. These can inflate the box score and overestimate the president's influence; the president may adopt a position to meet congressional moves—thus, a bill's passage was not really due to the president's influence (e.g., Clinton and welfare reform in 1996); the president may decide not to propose bills because they face certain defeat (so they are not measured by a box score); the president may win a large number of minor victories but lose one major battle (Clinton and health care reform or Bush II and Social Security), thus causing the measurement to depict a false reality of influence.

What is senatorial courtesy in lower-court nominations? How does Eastland suggest presidents should deal with this potential obstacle?

This is a tradition that allows senators of the president's party who are from the state where a federal district court vacancy exists to sponsor or veto candidates he or she likes or dislikes. As an institution, the members of the Senate support this tradition, regardless of party because, eventually, all the senators benefit from it. The tradition allows a single senator an absolute veto power over judicial nominees, and it requires the president to check with senators ahead of time. This tradition makes the process one of senatorial appointment, with the advice and consent of the president, which is the reverse of what the Constitution prescribes. Eastland argues that the president should take an active role in the nomination process of lower-court judges, despite the tradition of senatorial courtesy, to be sure of leaving a mark on the judiciary. Eastland writes approvingly of Reagan's method with lower-court judges, for instance. He notes that Reagan handled senatorial courtesy by having senators provide three to five names per vacancy, which gave him greater discretion and made him more than a mere clerk in the process.

According to the article about the Solicitor General, when Solicitors General mimic the decision making of the Supreme Court, what is the consequence?

When Solicitors General mimic the decision making of the Supreme Court, the consequence is that she/he is not sufficiently attentive to their office in the way it is meant to be most effective. If this position were to change the way it petitions, there would not be enough resources in the office.

Why did Franklin Roosevelt get the Democratic Party to adopt changes that made it easier for presidents to choose their running mates? What negative consequences did having running mates chosen by the parties occasionally have for presidents? Give at least two examples.

When party conventions became the way to choose a party's presidential nominee, the choice of a vice presidential nominee was often an afterthought, left to the last minute, leaving little time for rational deliberation. Of particular importance was the fact that, typically, presidential candidates had little input in choosing their running mates. The choice of a vice presidential candidate who was not in sync with the president could cause trouble for the president. Vice presidents who caused political problems for the presidents they served with include John C. Calhoun, Millard Fillmore, Teddy Roosevelt, Charles Dawes, John Nance Garner, and Henry Wallace.

According to the textbook and the commentary, what did Woodrow Wilson write about the office of the vice presidency in Congressional Government?

Woodrow Wilson said that the "chief embarrassment in discussing this office is that in explaining how little there is to be said about it one has evidently said all there is to say."

What does it mean to say that Jimmy Carter treated his wife, Rosalynn, as his political partner?

him, driving across the country on her own on her husbands behalf. Rosalynn laid out a list of issues that she planned to dedicate herself to during her spouses presidency. Rosalynn also encouraged her husband to appoint women to official positions in his administration and the court system. She also worked as a diplomat in Latin America and was a prominent figure in the Camp David talks between Israel and Egypt during Carter's presidenc