Unit 2 Review Questions (Executive)
Make a list of the ways that the Congress tried to limit the president's powers.
-Check by the war Power Act of 1973 -Presidential Approved positions not being filled; Trump, Obama, Bush, Clinton, Bush H.W., Reagan
Line of succession up to the fifth person. Consult book.
-Vice President -Speaker of the House of Representatives. -President Pro Tempore of the Senate. -Secretary of State. -Secretary of the Treasury.
Under what article does the president receive his/her powers? What are the formal powers given to the President?
Article II is where Presidential Power originates. Formal Powers: -Serve as commander in chief of the armed forces -Commission officers of the armed forces -Grant reprieves and pardons for federal offenses (except impeachment) -Convene Congress in special sessions -Receive ambassadors -Take care that the laws be faithfully executed -Wield the "executive power" -Appoint officials to lesser offices
List the differences between a president and a prime minister. Consult your book.
As a head of government, a prime minister usually leads the operations of the government. As head of state, the president acts as the chief public representative of the country and often performs many ceremonial duties such as welcoming foreign dignitaries to the country when they visit. In America, the president is the commander-in-chief over the armed forces.
What are the unique qualifications to become a president?
At least 35 years of age, a citizen for 14 years and a natural born American
How has the power increased of the president over time? Give examples. Since which president?
Constitutional Indeterminacy of POTUS- Vague Language "take care that the laws be faithfully executed" "executive power" Inherent powers Acting in emergencies Confidential advice Military actions Few SC cases analyzing power of POTUS Precedential effects of executive branch action- Power builds on power Defenders of broad power cite historical examples One way rachet (irreversible) Role of executive branch lawyering- Cases involving presidential power rarely reach the courts The DoJ and OLC advise POTUS on scope of power AND act as legal authority Growth of executive branch & POTUS control- Immense bureaucracy at disposal Power of appointment & bureaucratic discretion "4th branch" Access/Control of Information + Military Powers- Administration of intelligence agencies (CIA, NSA) Congress is always "catching up" Armed action is not easily reversed The power of the Presidency has increased greatly since FDR
What are three ways a person becomes president?
Election, Succession, and Impeachment of the sitting president
Describe why executive orders are used? What is the criticism?
Executive Orders are used when the President cannot get legislation passed through Congress. The criticism is that Executive Orders can grant the President a far too great amount of unchecked power.
What is executive privilege? In what case did the Supreme Court limit this privilege? What did the ruling state?
Executive Privilege is used by the President when he/she seeks to withhold information in the public interest. -United States v. Nixon -To read the Article II powers of the President as providing an absolute privilege as against a subpoena essential to enforcement of criminal statutes on no more than a generalized claim of the public interest in confidentiality of nonmilitary and non-diplomatic discussions would upset the constitutional balance of 'a workable government' and gravely impair the role of the courts under Article III
What are the informal powers of the president?
Executive orders, executive privilege, agenda setting, and impoundments
What are the formal powers according to the following category: national security powers, legislative, administrative, and judicial powers? Bullet each one according to the category.
From the Constitution "He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."
Explain impeachment. Can it be brought for policy disagreements? What two presidents were impeached?
Impeachment is the charging of the President with a crime. It can not be brought for policy disagreements. Clinton and Andrew Jackson were both impeached.
What are a president's considerations for executive appointments? Judicial appointments?
In all of these appointments, the President is going to pick individuals that he or she believes will rule or carry out the policy that he or she wishes to do
What are the main points expressed in Federalist No. 70?
In this Federalist Paper, Alexander Hamilton argues for a strong executive leader, as provided for by the Constitution, as opposed to the weak executive under the Articles of Confederation. He asserts, "energy in the executive is the leading character in the definition of good government.
What are the legislative skills of the president?
Presidential legislative skills include bargaining, making personal appeals, consulting with Congress, setting priorities, exploiting "honeymoon" periods, and structuring congressional votes.
What are the cabinets? Give three examples. How does one become a secretary of the cabinet?
The Cabinet of the United States is part of the executive branch of the federal government of the United States. The Cabinet's role, inferred from the language of the Opinion Clause of the Constitution is to serve as an advisory body to the President of the United States The Cabinet includes the Vice President and the heads of 15 executive departments — the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs -Through Presidential appointment
How does the presidency reflect an imperial presidency? What has the legislative branch done?
The President taking actions without consulting congress, such as with military affairs. Congress has the power to curtain expansion of power (but in reality it seldom does so other than the War Powers Act which isn't even enforced.)
What is the difference between the House and the Senate? What role does the Chief Justice play?
The Senate represents large and small states equally with two senators per state; while each state's share of the 435 representatives in the House is determined by its population. This means that the House is more representative of the people and local areas they were elected from. The Chief Justice is appointed by the President with advice and consent from the Senate and has life tenure. The primary function of the Chief Justice is to preside over the Supreme Court in public and private sessions.
What is the role of the Executive Office? Explain the NSC, CEA, and OMB.
The executive branch of the U.S. government is responsible for enforcing laws NSC- National Security Council serves the President's inner circle of advisors who consult on matters of national security CEA- United States agency within the Executive Office of the President established in 1946, which advises the President of the United States on economic policy. OMB-serves the President of the United States in overseeing the implementation of his vision across the Executive Branch. Specifically, OMB's mission is to assist the President in meeting his policy, budget, management and regulatory objectives and to fulfill the agency's statutory responsibilities.
What concerns did the Founders have about the idea of having of president? How did the creation of the Electoral College allay those fears?
The founders were concerned about a tyrant taking power through the popular vote, the electoral college puts all of the states in play and reduces the chance of that ever happening
What role does the media play with respect to the president? How about public approval? Explain the role of the bully pulpit.
The media keeps watch on the actions of the administration, and is thus known as the Fourth Estate. -Public approval is the percentage of people who approve or disapprove of the job the president is doing -The bully pulpit allows the president to sell his agenda directly to the American people. It can push them to pressure their representatives in congress to act in favor of the president's policies
What is the most elastic phrase in the Constitution that has served to give the president his broadest powers? And what is the greatest source of presidential power? Consult your book.
The most elastic phrase that gives the president his broadest powers is "take care that laws be faithfully executed;" The greatest source of presidential power is found in politics and public opinion
What is the role of the vice-president? Why doesn't anyone want it?
The only duty the U.S. Constitution assigns the Vice President is to act as presiding officer of the Senate. But the Vice President also serves as ceremonial assistant to the President and is an important part of the President's administration. The Vice President job isn't wanted because little to no power really comes along with it.
What is a legislative veto and what has the Supreme Court said about it?
The rejection of a presidential or administrative action by a vote of one or both houses of Congress without the consent of the president The legislative veto was a feature of dozens of statutes enacted by the United States federal government between approximately 1930 and 1980, until held unconstitutional by the U.S. Supreme Court in 1983
Compare and contrast modern vs. the traditional presidency. Consult your book.
The traditional Presidency had far less responsibility and power than the modern presidency, which is often described as an "Imperial Presidency"
Describe the purpose of the War Powers Resolution?
The war act of 1973... Federal law provides the President to send US military armed forces into action abroad by: authorization of congress or if the US is under attack or serious threat. The war power resolution requires... the president to notify congress within 48 hours of commuting arm forces to military action The war powers do not allow... arm forces to remain more than 60 days then a 30 day withdrawal period authorization is needed from congress to allow.. Military force without use or declaration of war
What is the role of the 12, 20, 22, and 25th amendments? Explain each one.
Twelfth Amendment-should there be no majority vote for one person, the House of Representatives (one vote per state) chooses the president and the Senate the vice president Commonly known as the "Lame Duck Amendment," the Twentieth Amendment was designed to remove the excessively long period of time a defeated president or member of Congress would continue to serve after his or her failed bid for reelection. It also defines who succeeds the president in the event of his/her death. 22nd No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. 25th-In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Give details about the following terms: veto, signing statements, pocket veto, and the line-item veto. Which is used the most? What is the trend of vetoes over time?
Veto- occurs when the president returns the legislation to the house in which it originates Signing statement- is a written pronouncement issued by the President of the United States upon the signing of a bill into law. Pocket Veto-an indirect veto of a legislative bill by the president or a governor by retaining the bill unsigned until it is too late for it to be dealt with during the legislative session. Line Item Veto-the power of a president, governor, or other elected executive to reject individual provisions of a bill. Vetoes have gone down in time significantly with FDR vetoing 372 bills but President Obama only 12
What does it mean to have a divided or a unified government? Why do we still have gridlock, even with a unified government?
When one party controls the White House and both houses of legislature Factions within parties can break away and vote with the other party and against their own. This was done with the attempted repeal of Obamacare by some Republican Senators
What are the roles of the president as chief diplomat? Executive agreement? Diplomatic recognition? Treaties?
appointing ambassadors and negotiating treaties. Diplomatic recognition-Acknowledge the legal existence of another government Treaties- negotiated by president, approved by congress 2/3 majority Executive Agreement- like a treaty, but more or less an understanding between the president and another nation. Senate approval not required.