POL 315 Mid-term 2

National Security Council?

- Coordinates foreign policy with President • Run by President Statutory members: • Vice‐President • Secretary of State, Defense, Treasury • Chairman of JCS • CIA Director • NSC assistant • Optional Members: •- White House COS, WH Counsel, Attorney General, OMB director, others

What are some examples of executive orders issued by President Obama?

- Executive order on gun control - Executive order on immigration- approximately 5 million undocumented and illegal aliens will be protected from deportation

Fully understand presidential authority regarding foreign affairs.

- Military Action • Sanctions • Treaties & Executive Agreements • Visits

Office of Management and Budget

- OMB - Largest of the EOP - The OMB prepares the national budget that the presidents propose to Congress each year - Each year all executive agencies submit their budgets to the OMB for review

Understand the role, the power, and the responsibility of the president as commander-in-chief

- The president has the power to wage (not declare) war and makes key military policy decisions - He supports war efforts on the home front during wars - He may use the military to end disorders of help in natural disasters Roles - Military leaders run day to day operations - The president may send troops abroad to protect American interests even if Congress has not declared war. - -- A restriction on this power is the War Powers Resolution ---------- Troops may not remain more than 60 days without the approval of Congress

Explain some of the president's executive powers.

- The presidents primary responsibility is to execute, enforce, administer, and carry out the provisions of federal law - Most of the executive duties fall to the offices in the executive branch, however there are certain powers that fall directly to the president - The ordinance power is the power of the President to issue an executive order, which is a directive, rule, or regulation that has the power of law - The appointing power is the presidents power to nominate individuals for positions within the government - The removal power is what the president needs to remove someone of their position without the consent of congress.

Explain what presidential signing statements are. Why are they controversial?

- a written pronouncement issued by the president of the US upon the signing of a bill into law - Often signing statements merely comment on the bill signed, saying that it is good legislation or meets some pressing needs - The more controversial statements involve claims by presidents that they believe some part of the legislation is unconstitutional and therefore they intend to ignore it o to implement it only in ways they believe is constitutional

Pardon Power

-Power is granted under Article 2 Section 2 - The pardon power is limited to "offenses against the United States," preventing the President from intruding upon state criminal or civil proceedings. Likewise, the pardon power does not extend to "Cases of Impeachment," preventing presidential interference with Congress's power to impeach. Two types: 1) full 2)conditional

Presidential Immunity

A legal doctrine that exempts the President of the United States from being criminally prosecuted or from being civilly sued for actions taken as President.

President Monroe's response to problems in the Spanish owned Florida Territory (1818).

AS president James Monroe did when he authorize a military invsaion of (spanish owned) Florida territory - "It was thought incumbent on the US to suppress the establishment, and it was accordingly done. The combination in Florida for the unlawful purposes stated, the acts perpetrated by that combination, and above all, the incitement of the Indians to massacre our fellow citizens of every age and of both sexes, merited a like treatment and received it." " But the territory belonged, in a certain sense at least, to the savage enemy who inhabited it; the power of Spain had ceased to exist over it"

Understand the president's power to enter into executive agreements with counterparts in other countries.

An agreement made with another country or countries that is not ratified by 2/3 of the Senate An executive agreement (aka executive compact) is an agreement between the president of the United States and the chief executive of a foreign country

What is the legal force and effect of an executive agreement

An executive agreement (aka executive compact) is an agreement between the president of the United States and the chief executive of a foreign country. The agreement deemed to be binding on the respective governments, even though it is less formal than a treaty because it is not subject to the constitutional requirement for ratification by two-thirds of the U.S. Senate

Executive order

An executive order has the full force and effect of a law enacted by Congress, except when it is contradicted by a duly enacted federal law. Therefore, a President can issue an executive order to bypass Congress' bureaucracy and advance policy objectives without having to go through the legislative process.

Identify some noteworthy pardons issued by former presidents

Andrew Johnson grants unconditional amnesty to former Confederate soldiers, 1868 • Richard Nixon pardons labor leader (and convicted racketeer) Jimmy Hoffa, 1971 • President Ford pardons former president Nixon, 1974 • Jimmy Carter issues blanket pardons to Viet Nam War draft evaders, 1977 • After losing re‐election in 1992, George H.W. Bush issued pardons to six persons implicated in the Iran‐Contra scandal (during the Reagan presidency), including, most notably, former Defense Secretary Caspar W. Weinberger

Populist phase

As democratization, urbanization, industrialization, and the communication revolution intensified, American politics became more populist. In this populist phase candidates were more independent of party and more nationalist in orientation.

Digital Phase

Computers, Internet, Social Media

What is required for Congress to override a veto?

Congress can override the veto with a 2/3 vote in each house

Understand the president's power (and limits on the president's power) to make treaties with foreign countries.

Constitution grants President power to negotiate treaties • A treaty requires 2/3 approval by the Senate

Understand how the major parties select their presidential candidates. What are the main distinctions between conventions, caucuses, and primaries?

Democrat's current process: Key variables: • Timing of primaries • Vote Share/Delegate Share Rule • Role of Party Elites Final Decisions: • Feb‐June "window" for primaries • Delegates allocated proportionally after 15% threshold • Party "Superdelegates" ‐ They are neither elected by Democratic presidential primary voters nor required to pledge their support to a specific presidential candidate. Beginning with the 2020 presidential election, they are prohibited from voting on the first ballot at a contested national convention. In 2020, there will be an estimated 764 superdelegates. Republicans: Decisions are mostly left up to states • Why? Only conventions can alter rules. • But Dem. state law changes affected GOP • Preference for closed primaries • The process by which delegates are awarded to a candidate will vary from state to state. Many states use a winner‐take‐all system, where popular vote determines the winning candidate for that state. However, beginning in 2012 many states now use proportional representation. While the Republican National Committee does not require a 15% minimum threshold, individual state parties may impart such a threshold.

Explain the term executive privilege.

Executive privilege is a legal principle that allows a president to refuse to comply with demands for information such as congressional subpoenas or Freedom of Information Act requests. The doctrine is generally used to keep private the nature of conversations a president has with advisers, or internal discussions among executive branch officials. The idea is that the White House operates more effectively if a president and his aides can engage in private, candid conversations, without worrying about public scrutiny.

the "Steel Seizure Case" - Youngstown Sheet and Tube Company v. Sawyer.

Facts: Despite a concerted effort by the federal government to mediate a settlement between the United Steel Workers Union and the steel industry, negotiations collapsed and a strike was imminent. On Tuesday night, April 8, 1952, at 10:30 pm, in the midst of the Korean War, President Harry Truman issued an executive order directing Secretary of Commerce Charles Sawyer to seize and operate most of the nation's steel mills (using federal troops or the National Guard where necessary). This was done in order to avert a national emergency from an impending strike by the United Steelworkers of America. President Truman then appeared on radio and television to announce to the nation what he had done. ISSUE: Whether the President had constitutional authority to seize the steel mills? Decision: In a 6-3 decision, the Court held that the President did not have the authoirty to issue such an order. The court found that there was no congressional statute that authorized the President to take possession of private property. The court also held that the President's military power as commander in chief of the Armed forces did not extend to labor disputes. The court argued that "the President's power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker."

Which president vetoed the most bills?

Franklin D Roosevelt

1964: Barry Goldwater (R) vs. Lyndon Johnson (D)

Goldwater was, in 1964, an unapologetic conservative and staunch anti‐ Communist, was the recipient of many televised attacks from his Republican colleagues during the primary campaign. His opponents criticized his vote against the 1964 Civil Rights Act and labeled his call for complete defeat of the Soviet Union as a likely precursor to nuclear war. Goldwater was unwavering in his positions, paraphrasing the Roman emperor Cicero in his convention speech when he declared that "extremism in the defense of liberty is no vice!" One of the most significant things about the 1964 presidential race between Barry Goldwater (R‐AZ) and Lyndon Johnson (D‐TX) is that it marks the moment when the negative TV ad was born. Johnson's "Daisy" commercial, suggesting that his Republican opponent, Barry Goldwater, might blow up the world. Is widely as "the mother of all televised attack ads." Lyndon B Johnson won

Who was president during the Korean War?

Harry S. Truman

What was the Supreme Court's holding and rationale in the case of Clinton v. City of New York (1998)?

ISSUE: Did President Clinton's cancellation of the named provisions act as an amendment of the two Acts by repealing portions of each? Is such an action within the powers of the presidency? HOLDING: Yes (regarding the amendment) No (regarding powers). RATIONALE: "[R]epeal of statutes, no less than enactment, must conform with Art. I." The president may accept an act of Congress by signing the act into law. If opposed to the act, the president may veto the act, but in doing so must return the act and Congress may overrule the veto. There are no provisions in the Constitution that allow a president to enact, amend or repeal statutes. The actions in this case amount to both an amendment and a partial repeal of a statute which exceeds presidential authority. The Line Item Veto Act was deemed unconstitutional and was invalidated

Explain the case of United States v. Curtiss-Wright Corp. (1936)

In 1934 Congress passed a Joint Resolution authorizing the President to ban the sales of arms to countries involved in the border dispute between Bolivia and Paraguay (in a region known locally as the Chaco). President FDR immediately made an Executive Order banning such sales. The Defendant, Curtiss‐Wright, a weapons manufacturer, was indicted for conspiracy to sell machine guns, to Bolivia in violation of the Joint Resolution and the Executive Order ISSUE HELD Delegation of Congressional/legislative power to the President/executive branch of government Whether the Joint Resolution of Congress and the Executive Order of President FDR in furtherance of the JR were unconstitutional, because Congress delegated legislative authority to the President in violation of the separation of powers doctrine. RATIONALE There is a fundamental difference in the role of government in foreign affairs and domestic affairs. The federal government has both constitutional and inherent authority to conduct foreign affairs as it sees fit. The President is the United States' sole representative to foreign nations. In order to achieve the United States' foreign policy aims, the President is better able than Congress to judge conditions that exist in foreign nations and is afforded substantial discretion and wide latitude in those decisions. The President has confidential information as well as consular, diplomatic and foreign affairs officers to help in his decision.

President Washington's response to the 1791 Whiskey Rebellion

In September 1791 the western counties of Pennsylvania broke out in rebellion against a federal "excise" tax on the distillation of liquor. After local and federal officials were attacked, President Washington and his advisors decided to send troops to the region. When the militia, with Washington at its lead, reached western Pennsylvania, Representatives of the insurgents asked for clemency, and Washington granted it with stipulation that they comply with federal laws thereafter. This agreement forced the public to abide by the rules of the government and their taxes without any destructive rebellions.

Explain what is meant by a line item veto?

In United States government, the line-item veto, or partial veto, is the power of an executive authority to nullify or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire legislative package. The Line Item Veto Act of 1996 was a federal law of the United States that granted the President the power to line‐item veto budget bills passed by Congress, but its effect was brief as the act was soon ruled unconstitutional by the Supreme Court in Clinton v. City of New York (1998) Congress enacted the Line Item Veto Act in 1996 giving the president the power to cancel in whole any dollar amount of discretionary budgetary authority, any item of new direct spending and any limited tax benefit. President Clinton used this authority to cancel a provision of the Balanced Budget Act and two provisions of the Taxpayer Relief Act. The City of New York, claiming injury, brought suit.

Be sure to fully understand Justice Jackson's concurring opinion

In determining whether the executive has authority, there are three general circumstances: 1. When the President acts pursuant to an express or implied authorization of Congress, the President's authority is at its greatest. 2. When the President acts in the absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone in which he and Congress may have concurrent authority. When this is the case, the test depends on the imperatives of events and contemporary imponderables rather than on abstract theories of law. 3. When the President takes measures incompatible with the expressed or implied will of Congress, the authority of the President is at its lowest. Justice Jackson stated that this case falls into category three. If the President's argument were accepted the executive branch could exert its authority over any business or industry.

1800: Thomas Jefferson (D-R) vs. John Adams (F)

In the country's first contested presidential election, supporters of Thomas Jefferson claimed that the incumbent John Adams wanted to marry off his son to the daughter of King George III, creating an American dynasty under British rule. They called Adams a fool, a hypocrite, a criminal, and a tyrant. He was also accused of having a rather voracious sexual appetite Adams' Federalist supporters called Jefferson a fraud, a coward, a thief, and "a mean‐spirited, low‐lived fellow, the son of a half‐breed Indian squaw, sired by a Virginia mulatto father." One pro‐Adams newspaper warned that if Jefferson was elected, "murder, robbery, rape, adultery, and incest will be openly taught and practiced." Jefferson's religious views were attacked as the views of an infidel who "writes against the truth of God's words" and who is "without so much as a decent external respect for the faith and worship of Christians. Thomas Jefferson won

1876: Rutherford B. Hayes (R) vs. Samuel Tilden (D)

Ironically, the year 1876 was America's centennial; and the Hayes‐Tilden campaign set a new standard for nastiness. By all accounts they were both honorable men who served with distinction as governors of their respective states (Hayes: OH; Tilden: NY) . However, in the post‐Civil War era, American politics at the national level was mired in contentious allegations about loyalty to the union and service to the country during the war. For example, one prominent Hayes supporter said this about the Democrat Tilden: "Every man that endeavored to tear the old flag from the heavens that it enriches was a Democrat. . . The man that assassinated Abraham Lincoln was a Democrat. . . Soldiers, every scar you have on your heroic bodies was given to you by a Democrat." Republican supporters of Hayes unleashed a tirade of insults toward the Democrat Tilden. He was accused of evading taxes, promoting slavery, making millions of dollars as an attorney for some of the most notorious robber barons of the day, coddling corrupt party bosses in NY, and scheming to relieve Confederate debt if he was elected president. By the end of the campaign Tilden had been called a liar, a thief, a drunkard, a syphilis carrier, a swindler, and "a menace to the United States." In response, Democrats cranked up their own mudslinging machine. Hayes, a former general, was accused of stealing the pay of dead soldiers in his Civil War regiment, cheating Ohio out of millions of dollars while governor, and even "shooting his own mother in a fit of insanity." Both sides knew the election would be close and accused their opponents of trying to rig the election. Ultimately, a special Election Commission awarded all contested Electoral College votes to the Republican Hayes, who wins the election by exactly one Electoral vote. Democrats then dubbed President Hayes "His Fraudulency".

How did the Supreme Court rule on the President Clinton's assertion of presidential immunity in the pending sexual harassment lawsuit for damages initiated against Clinton by Paula Jones

Issue. Whether the President can be involved in a civil lawsuit for money damages during his presidency for actions that occurred before he became president? Held. Yes! Rationale. The President can be involved in a civil lawsuit during his tenure for actions unrelated to his official duties as President. It was an abuse of discretion of the District Court to order a stay of this lawsuit until after the President's tenure. On April 1, 1998, the U.S. District Court Judge Susan Webber Wright granted summary judgment to Clinton on the merits of the case. Clinton wins! In a 39‐page ruling that expressed exasperation with both Jones and her lawyers, the judge stated that she believed the case to be without any legal merit.

Who served as president during the Viet Nam War?

John F Kennedy- President of US during teh beginning of the Vietnam War who sent advisors to help the South Vietnamese Lyndon B Johnson- President during much of Vietnam War; greatly escalated the US soldier involvement in the conflict. Richard Nixon- President of the US during the latter part of the Vietnam War; he expanded the war into Cambodia

Who was the first president to have a veto overridden by Congress?

John Tyler

political convention

Meeting of the delegates of a political party for the purpose of writing a platform and choosing candidates for office.

Explain the present controversy regarding President Trump's assertions of executive privilege.

President Donald Trump claimed executive privilege to block Congressional Democrats from obtaining the un‐redacted version of Robert Mueller's Russia report as well as its underlying evidence. This marked the first time Trump asserted the privilege More recently, Trump has cited executive privilege as part of his continuing effort to stonewall Congress on its multiple inquiries into his presidency, finances and businesses. The Republican president has called the Democratic‐led investigations "presidential harassment."

Who was the first president to use the pocket veto?

President James Madison was the first President to use the pocket veto in 1812.

President Lincoln's response to the 1861 secession of the Southern states. (Hint: Remember the Prize Cases)

President Lincoln proclaimed a blockade of southern ports in April 1861. Congress authorized him to declare a state of insurrection by the Act of July 13, 1861. By the Act of August 6, 1861, Congress retroactively ratified all Lincoln's military action. These cases involved the seizure of vessels bound for Confederate ports prior to July 13, 1861. Did Lincoln act within his presidential powers defined by Article II when he ordered the seizures absent a declara‐ tion of war?- YES

What are some prominent examples of executive orders issued by presidents before Barack Obama? (Hint: some of them were discussed in last week's class)

President truman wiped out segregation in the armed forces Executive order 9066- Gave the Army the complete authority to remove Japanese immigrants and American citizens alike from the Pacific coast Justified as necessary for national security

Can you name some presidents who vetoed zero bills?

Presidents John Adams, Thomas Jefferson, John Q. Adams, William H. Harrison, Zachary Taylor, Millard Fillmore, and James A. Garfield did not issue any vetoes.

Explain Korematsu v. United States (1944)

Read power point

Explain how campaigning for president has changed over time. Understand that the history of presidential campaigning can roughly be divided into five distinct phases - and understand what happened in each of these different phases

Republican Democratic Populist Electronic Digital

1828: Andrew Jackson (D-R) vs. John Q. Adams (D-R)

The 1828 election is commonly referred to as "the dirtiest presidential campaign in U.S. history." John Q. Adams and Andrew Jackson, both members of the Democratic‐Republican Party, previously ran against each other in 1824. In a race decided by the House of Representatives, Adams won. However, events related to the election left a sour taste in Jackson's mouth. And, in the immediate aftermath, the Democratic‐Republican Party split into two distinct parties. National Republicans were aligned with President Adams, whereas the opposition Democrats were led by Jackson. By the time Jackson and Adams faced again in 1828, Adams had dirt on Jackson's past, and the two brought their rivalry public. Jackson and Adams traded heated attacks. Adams supporters accused Jackson of murdering six of his own militiamen. Jackson's beloved wife, Rachel ‐ who had been previously married ‐ was accused of sinful adultery. "Your wife is a bigamist." Jackson supporters accused Adams of using public funds to buy a pool table and gamble in the White House. Moreover, Adams was accused of using prostitutes to gain favor with the Czar of Russia during his time as ambassador. In the end, Jackson won with 56 percent of the popular vote.

Under what circumstances may a claim of executive privilege be upheld as constitutional by the U.S. Supreme Court

The Court granted that there was a limited executive privilege in areas of military or diplomatic affairs, but gave preference to "the fundamental demands of due process of law in the fair administration of justice."

Explain how and why President Obama used the pardon power

The Obama administration commuted the sentences of non‐violent drug offenders in higher numbers than any recent president, while criminal justice reform efforts were stalled by lawmakers in Congress. A statement by the White House said the actions are meant to reduce the effect of "outdated and unduly harsh sentencing laws."

1828: Herbert Hoover (R) vs. Al Smith (D)

The Republicans and their supporters, who had nominated California Secretary of Commerce Herbert Hoover for their ticket, spread rumors regarding NY Governor Smith that would seem to modern audiences to be incredulous. Protestant ministers across the country made the claim that a President Smith would be completely beholden to the Vatican, and that the Pope himself would relocate the Holy See to the United States to rule the country if Smith won. Republicans also characterized Smith as a notorious drunkard, owing to his stance on repealing Prohibition. Hoover's own wife made public statements to the effect that Smith regularly engaged in embarrassing public behavior and that he would name an alcohol bootlegger to be the Secretary of the Treasury.

What did the Supreme Court say about the president's assertion of absolute executive privilege in United States v. Nixon (1974)?

The US Supreme Court held that neither the doctrine of separation of powers, nor the generalized need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified, presidential privilege The Court granted that there was a limited executive privilege in areas of military or diplomatic affairs, but gave preference to "the fundamental demands of due process of law in the fair administration of justice." United States v Nixon reinforced the rule of law establishing that no one, even the President of the United States, is above the law

What are TWO of the main sources of authority for the president to issue an executive order?

The first is the Constitution itself Second, Congress may delegate authority to the president.

Democratic Phase

The lifting of voting restrictions (on white males) and the consequential rise of political parties triggered a democratic revolution. Simply stated, for the first time many "ordinary" men were now voting in election st all levels of government. Increased democratization prompted political parties to adopt measures to get "their people" to the polls on election day, or otherwise get people at the polls on election day to vote for "their candidates." Campaigns became organized activities whereby the two major parties (the Democrat Party and the Whig Party) actively sought to influence the voting behavior of the common man - consistent with the democratic ideal.

Understand the fundamental differences between a treaty and an executive agreement (aka executive compact)

The main difference between a treaty and an executive agreement is that treaty is a formally concluded, ratified and binding agreement between sovereign states and/or international organizations while an executive agreement is an agreement between the government heads of two or more nations. Both treaty and executive agreement come under international law. Thus, treaties and executive agreements are two diplomatic instruments that international actors (primarily states and international organizations) may utilize for better diplomatic relations between them. However, there is a distinct difference between a treaty and an executive agreement, based on their nature and the parties involved in them

1884: Grover Cleveland (D) vs. James G. Blaine (R)

The most controversial aspect of this campaign was the accusation against Cleveland of a scandalous affair with a widow named Maria Halpin. To make matters worse the illicit affair was said to have produced a child who would have been about 10 years old in 1884. Supposedly, Cleveland used his influence to have the child forced into an orphanage and have the woman admitted into an insane asylum to keep her silent. In Republican‐orchestrated street demonstrations and in Republican‐ friendly newspapers, pro‐Blaine supporters shouted "Ma, Ma, Where's My Pa?" To the delight of the Blaine forces, it became a national slogan and possibly an epitaph for the Cleveland campaign. Mainstream churches and some religious leaders condemned Cleveland's behavior and interpreted it as a sign from on high that Cleveland was destined to lose the election. But there was a major problem with the stories and accusations about Cleveland. Most of them were not true - at least not in the way they were reported. Cleveland himself met the accusations head on and encouraged his supporters to do the same. "Tell the truth," he instructed them. By coming out and revealing the true facts about his relationship with Mrs. Halpin and her son, Cleveland was able to effectively discredit the gossipers. Meanwhile, James G. Blaine ("the continental liar from the state of Maine"), had his own scandal problem - concerning influence, bribery, and political corruption during the time when Blaine was Speaker of the House of Representatives. Blaine also had his own sex scandal to deal with. Allegedly, as a young man, Blaine had impregnated a young woman and he married her (four month before she game birth to their child) only at the threat of her father's shotgun. Grover Cleveland wins the 1884 election

The republican phase

The republican phase is rooted in the 18th century republican beliefs of the founders of our country and the framers of our constitution. Although they firmly believed that the legitimacy of our government is derived from the consent of the governed, at the same time they only trusted the wisdom of a qualified few to run the country - because they feared the "passions of mobs." In this earliest phase the gentlemanly tone of presidential campaigns reflected a search for virtuous candidates who would neither conspire with cabals nor rabble‐rouse with demagogues. Campaigns emphasized a candidate's suitability for office; candidates functioned as icons, idealized representations of the perfect gentleman and leader.

Electronic

The television revolution ushered in campaigning's electronic era - and it changed presidential campaigns forever! Media mastery rather than virtue, oratory, or loyalty to party bosses became the most prized attributes for presidential candidates. In the electronic era good looking, smooth‐talking salesmen such as John F. Kennedy, Ronald Reagan, and Bill Clinton would dominate. Candidates became celebrities, and vice versa. Television debates offered some of the turning points in presidential campaigns, including when a tanned, confident John F. Kennedy (D‐MA) bested a sweaty, shifty Richard M. Nixon (R‐CA) in 1960 . . . . . and in 1976 when president Gerald Ford (R‐MI) stumbled and declared that there "is no Soviet domination in Eastern Europe" even though the Soviets were still very much in control . .

President Jefferson's response to the demands of the Barbary States

Thomas Jefferson did in the First Barbary War (1801-1805), in which the United States fought against the four North African states: Tripoli, Algiers, Tunis, and the Sultanate of Morocco. The cause of the U.S. participation was pirates from the Barbary States seizing American merchant ships and holding the crews for ransom, demanding the U.S. pay tribute to the Barbary rulers. - The Barbary states also demanded that the US pay tribute - When Thomas Jefferson refused to pay tribute, The Barbary states declared war on the US - In response, Thomas Jefferson send troops to blockade Tripoli (on the coast of North Africa) - The (first) Barbary War ended with an American victory

What are some examples of executive orders issued by President Trump?

Trump signed his first order hours after taking the oath of office. It's aimed at reversing the Affordable Care Act, President Obama's landmark legislation. The order suspended the entry of immigrants from seven Muslim‐majority countries: Syria, Iran, Iraq, Libya, Sudan, Yemen, and Somalia, for 90 days Trump signs an executive order to strip federal grant money to "sanctuary cities." The order directs federal funds towards construction of a wall along the U.S.‐Mexico border Regulatory reform. Trump's executive order says the government must cut two regulations for every one, new regulation proposed. This order directs heads of departments and agencies to designate a "regulatory reform officer" to oversee implementation of regulations and identify needed changes. T

Explain the Appointments Clause (Art. II, Sec. 2, Cl. 2). Understand that there is no analogous provision in the Constitution pertaining to the president's power to remove federal officials. Contrast Myers v. United States (1926) with Humphrey's Executor v. United States (1935).

Two key points in Article II Section 2: -Senate must confirm all appointments of major officers. -Congress may vest the appointment of inferior officers to the president. Myers v US In 1920, Frank S. Myers, a First‐Class Postmaster in Portland, Oregon, was removed from office by President Woodrow Wilson. Myers argued that his dismissal violated a federal statute providing that postmasters "shall be appointed and may be removed by the President with the advice and consent of the Senate." Therefore, Myers claimed that he was entitled to back pay for the unfilled portion of his four‐year term. In 1926, Ch. Justice William Howard Taft, writing for the Supreme Court majority, held that the federal statute was unconstitutional. Cabinet officials must be the alter egos where the president has to exercise his authority. The President has the exclusive power to remove executive branch officials, and does not need the approval of the Senate or any other legislative body. The statute violated separation of powers. Humphrey's Executor v US Facts: The Federal Trade Commission Act only permitted the President to dismiss a FTC member for "inefficiency, neglect of duty, or malfeasance in office" (or in other words for cause). President Roosevelt's decision to dismiss Humphrey was based solely on political differences, rather than job performance or alleged acts of malfeasance. Humphrey sued! President FDR relied on the Meyers precedent for his authority to unilaterally dismiss or remove a federal official in the executive branch of government. Held: The pertinent provision of the FTC Act was constitutional. Therefore FDR's removal of Humphrey from the Federal Trade Commission was illegal. Rationale: Congress created the FTC as an independent regulatory commission. The legislative intent demonstrates that Congress did not want the FTC to be subject to any governmental official. That is, the FTC must be free of political domination, including from the president. FTC commissioners are vested with legislative‐type power and judicial‐type power rather than purely executive branch powers (such as postmasters and cabinet secretaries who serve at the pleasure of the President).

Understand the distinction between valence issues, position issues, and wedge issues.

Valence issues: vague claim to a goal - such as a "strong economy" "improved education", or "Greater national security." Position issues: voters understand plan - Political issues that offer specific policy choices Wedge Issues - Divisive issue focused on a particular group of the electorate that candidates use to gain more support by taking votes away from their opponents.

Understand the War Powers Act

War Powers Act: Passed in the aftermath of the Vietnam war, the act required the president to: - Report to Congress within 48 hours of committing US troops to hostilities overseas - If both Houses of Congress do not approve of the commitment within 60 days, the forces must withdraw in 30 days. - Congress could required the removal of troops before the end of the 60 day period if they vote by simple majority in both houses.

What is a "pocket veto"?

a method of killing a bill at the end of a congressional session by not acting on it before Congress adjourns

President Jackson's response to the Nullification Crisis (1828 - 1832)

as Andrew Jackson did in 1832 when he threatened to use force against South Carolina if it did not permit collection of a federal tariff, and as Abraham Lincoln did to end the secession of Southern states Nullification Crisis - Also known as the "Secession Crisis" 1828-1832 - South Carolina voted to "nullify" (void) the Tax Tariff of 1828 - Jackson said all states had to obey Federal Laws - Tensions rose and both sides prepared for military action - After much discussion and being close to starting a battle, in 1832 Jackson signed a new tax bill and South Carolina repealed their Ordinance of Nullification.

Explain what is a congressional conference committee? Why is it is especially important in the legislative process? What action might a president take with regard to legislation pending in a congressional conference committee?

conference committee - A temporary, ad hoc panel composed of House and Senate conferees which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.

Explain Hamdan v. Rumsfeld (2006)

in 2001, President George W Bush ordered the creation of military commissions to try captured "unlawful enemy combatants." - Most of these suspected terrorists are held in military prisons in Guantanamo Bay Cuba - In 2006, the Supreme Court ruled in Hamdan v Rumsfeld that only Congress could approve such military commissions The Supreme Court, in a 5‐3 decision written by Justice John Paul Stevens, ruled that the military commissions set up by the Bush administration to try "enemy combatants" violated the detained suspects' rights as provided in both the Geneva Convention and the U.S. Code of Military Justice

Can Congress override the pocket veto?

no

Caucus

• Meetings • More deliberative (winnowing) • A smaller electorate

Explain how the president's veto power can be wielded to influence legislation pending congress.

• Presidents issue veto threats to shape legislation • Threats vary in directness • Threats are used to affect bill content • Often the White House is most involved at the conference stage

Primaries

• Process • Ballot access key