Section 1
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Roles of the President
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Last updated
6 years ago
Date created
Mar 14, 2020
Cards (67)
Section 1
(50 cards)
Roles of the President
Chief of state, commander in chief, party leader, chief law enforcer, shaper of public policy, key player in the legislative process
Impoundment
Presidential refusal to allow an agency to spend funds that Congress authorized and appropriated.
The power to preside over the military as Commander in Chief
article 2 "Commander in chief of the Army and Navy of the US", presidents have used this clause along with the take car clause to wage war (despite congressional authority vested in the constitution Vietnam, Johnson and Nixon, Pentagon Papers - misinformation to congress, no congressional declaration of war
Power to Convene Congress
The constitution requires the president to inform the congress periodically of "the state of the union" and authorizes the president to convene either one or both houses of congress on "extraordinary occasions".
What can't the president veto?
joint resolutions that propose constitutional amendments
Clinton v. New York City
The Court struck down the line-item veto as unconstitutional delegation of legislative authority to the president (Clinton)
How does the President's job differ when dealing with foreign policy versus domestic policy? What factors influence presidential success in either area?
Domestic policy is related to all issues within a nation's borders, while foreign policy is how the government advances its interests in world politics. The president has more influence/fewer checks on foreign policy. Diplomacy affects the presidents success. Congress's job is to support the President in foreign policy, while Congress passes domestic legislation. Public opinion affects the president's success in either area.
Chief of Staff
the person who oversees the operations of all White House staff and controls access to the president
veto power
presidential power to stop a bill from becoming a law by rejecting it. "qualified negative" 2/3 vote in each house can override this - rare but happened when Obama vetoes a bill allowing the victims of 9/11 to sue Saudi Arabia Threat of veto can be used to influence law-making
Bully Pulpit
the president's use of his prestige and visibility to guide or enthuse the American public
power to persuade
The theory that a president's ability to shape government policy depends more on his ability to convince members of Congress, bureaucrats, and citizens to do what he wants than it does on the formal powers conveyed to him by the Constitution
The Pardoning Power
Check on judicial power, grant reprieves/pardons-executive grant providing restoration of all rights and privileges of citizenship to a specific individual charged or convicted of a crime, for federal offences only, impeachment cannot be pardoned... Ford pardoned Nixon before he was formally charged... general amnesty, can be used to make a policy statement
inherent powers
powers claimed by a president that are not expressed in the Constitution but are inferred from it, the enumerated powers and the supreme court interp of them limit the president's power. crises trigger expansions of presidents power
War Powers Resolution
a resolution of Congress that the president can send troops into action abroad only by authorization of Congress, or if American troops are already under attack or serious threat
Imperial Presidency
a U.S. presidency that is characterized by greater power than the Constitution allows.
President checks
Vetoes, can appoint judges,
Impoundment Act
President must spend money that Congress has authorized and appropriated for a bill
What are the dangers? What are the unintended consequences?
The dangers are that if the action backfires or fails he is the sole person to blame. Negative public n congress opinion.
Lame Duck Amendment
20th amendment
role of congress in foreign policy
Congress declares war Power of the purse - control over budget Must approve treaties and appointments Regulate commerce w/ foreign countries
President and foreign policy
sole power to negotiate treaties with other nations (Senate must approve). - Executive agreements Commander in chief of the military Appoints ambassadors, ministers n consuls Receives foreign officials.
Executive Office of the President (EOP)
A mini-bureaucracy created in 1939 to help the president oversee the executive branch bureaucracy.
executive privilege
An implied presidential power that allows the president to refuse to disclose information regarding confidential conversations or national security to Congress or the judiciary.
What is the constitutional basis for exec orders n agrremnts?
Necc n Prop clause
unitary executive
Constitutional doctrine that proposes that the executive branch is under the direct control of the president, who has all authority necessary to control the actions of federal bureaucracy personnel and units without interference from the other federal branches
Appointment Power
To help the pres enforce laws passed by congress, he is authorized to appoint, with the advice and consent of the Senate, "Ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United Sates, whose appointments are not herein otherwise provided for, and which shall be established by law" Can remove many of his appointees at will Appoints all military personnel
What are executive orders and executive agreements?
An executive agreement is an agreement between the heads of government of two or more nations that has not been ratified by the legislature. Executive agreements are considered politically binding and not legally binding the way a treaty is. An executive order is issued by the president to an executive branch of the government and has the force of law.
What % of treaties does the Senate historically ratify?
90%
Power to make treaties
president's power to make international agreements that must be confirmed by 2/3 of Senate. Chief executive can also "Receive ambassadors", interpreted to allow the president to recognize the existence of other nations. Senate may require substantial amendment to treaties
lame duck
A politician who is still in office after having lost a reelection bid
20th Amendment
Congress begins on January 30th; President starts on January 20th "Lame-duck" Amendment
legislative veto
The authority of Congress to block a presidential action after it has taken place. The Supreme Court has held that Congress does not have this power
Presidential Succession Act of 1947
Law specifying the order of presidential succession following the Vice President VP Speaker of the House President Pro Tempore Secretary of State. Has never been used
Cabinet
Advisory council for the president consisting of the heads of the executive departments, the vice president, and a few other officials selected by the president.
line-item veto
Presidential power to strike, or remove, specific items from a spending bill without vetoing the entire package; declared unconstitutional by the Supreme Court.
What are the justifications and motivations for a president taking these actions?
Party influence and needing to implement/carry out his foreign policy. An executive agreement is immediate and doesn't need to go through Congress. Executive orders are also immediate but can be overturned.
How does the President's relationship with Congress change on foreign policy issues versus domestic policy issues?
While Congress has checks on the President's foreign policy power, the Executive has sole foreign policy power. Congress and the Executive must share domestic power. The Executive is fighting for influence over domestic policy with Congress.
Recess Appointment Clause
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Cabinet
Advisory council for the president consisting of the heads of the executive departments, the vice president, and a few other officials selected by the president.
The Senate Defeat of the Versailles Treaty
Wilson, Treaty to end WW1, called for creation of the League of Nations, precursor to the UN. Isolationists led by Lodge
25th Amendment
Should a vacancy occur in the office of the vice president, the president must appoint a new vp, subject to the approval, by a simple majority, of both houses of Congress. Contains a section that allows the vp and a majority of the Cabinet to deem a pres unable to fulfill his duties.
22nd Amendment
Limits the president to two terms or 10 years.
Checks on the President
approval of the House to raise money and declare war, approval of the Senate to make appointments and treaties, impeached by Congress. veto override, war powers act, judicial branch can declare executive orders unconstitutional,
What are the limits and checks on these actions?
Congress can overturn an executive order and the Supreme Court can declare it unconstitutional. President can't barter with money because that is decided by Congress who has the power of the purse.
GW precedents
Cabinet Federal supremacy n authority of exec branch to collect taxes levied by congress Chief executive role in foreign affairs - Senate limited to approval of treaties Neutrality
press secretary
one of the president's top assistants who is in charge of media relations
executive order
a rule or order issued by the president to an executive branch of the government and having the force of law.
executive agreement
A formal agreement between the U.S. president and the leaders of other nations that does not require Senate approval. Can be undone by the next administration
divided government
one party controls the White House and another party controls one or both houses of Congress
US v. Nixon
Holds that executive privilege does not extend to criminal cases
Section 2
(17 cards)