AP Gov final review (The president) Flashcards
what is fed 70 about
In this essay, Hamilton argues that a single executive (led by one person as president, rather than several people acting as a council) is the best form for the executive branch of the United States.
He reasons that one president can act more quickly, and with more secrecy when necessary, than a larger group of leaders. He also argues that a single executive is less dangerous to democracy than a council, because it is easier to identify and remove one corrupt person than to discover who among several leaders is a bad actor.
what is the importance of fed 70
70 argues for a strong, unitary executive, it has often been used as a justification for expanding executive and presidential power, especially during times of national emergency.
who wrote fed 70 and when
written by Alexander Hamilton and published on March 15, 1788
formal powers
Powers expressly granted to the president under Article II of the Constitution. Examples include making treaties, commanding the military, appointing Supreme Court justices, and vetoing legislation.
expansion of power
as time goes on and our world evolves so does the role of presidency. Presidents themselves have taken the initiative to develop new roles for the office. In fact, many presidents have enlarged the power of the presidency by expanding the president’s responsibilities and political resources.
how can presidents expand powers
through the use of presidential war powers, executive orders and signing statements, executive privilege, and executive agreements.
informal powers
Powers claimed by presidents as necessary in order to execute the law. Examples include issuing executive orders, Public persuasion, establishing bureaucracy
what are executive orders?
an executive order isn’t a law but it can carry the weight of one, this is something the president issues without consultation or permission from congress. They are enforced like laws and subject to judicial review, they have the power to invalidate in order they view as the president asserting too much power (unconstitutional)
examples of executive orders
The Emancipation proclamation made by Lincoln (issued to free all slaves within the rebellious areas)
how can the president check the legislative branches?
The President has the power to veto a bill sent from Congress
how does the legislative branche check the president?
The legislative branch has the power to approve Presidential nominations, control the budget, and can impeach the President and remove him or her from office.
how can the president check the judicial branch
and the President nominates Supreme Court justices, court of appeals judges, and district court judges who make the evaluations.
how does the judicial branch check the president?
The Judicial branch can declare acts of the President unconstitutional, which removes them from the law.
what is the 22nd amendment
The Twenty-second Amendment to the US Constitution applies term limits to the office of the president. Under the Twenty-second Amendment, no one may be elected president more than twice, or serve as president longer than ten years.
how long could you serve before the 22nd amendment
no limit on your amount of terms
why is the 22nd Amendment important
The 22nd Amendment is check on the president’s power
what is the 25th amendment
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
why is the 25th amendment important
Moreover, the Amendment provided a mechanism for determining Presidential disability and transferring the presidential powers to the vice president in case of the president was unable to discharge the duties
what is the war powers act
Also called the War Powers Resolution, the War Powers Act limits the president’s power to deploy US armed forces. Every president since Nixon has contested the War Powers Act as an infringement of their role as Commander in Chief of the armed forces.
how does the war powers act limit the president ability to deploy troops
It stipulates the president must notify Congress within 48 hours of military action and prohibits armed forces from remaining for more than 60 days.
what is impeachment
Impeachment is the process of bringing charges against a government official for wrongdoing. A trial may be held, and the official may be removed from office
why would someone get impeached
treason (the crime of betraying one’s country, especially by attempting to kill the sovereign or overthrow the government), bribery (The criminal offense of bribery involves offering or giving something of value to another person, usually a public official), and other high crimes and misdemeanors
who can impeach the president
only the House of reps can initiate the process of impeachment
what is the process of impeachment in the house
it begins with referring the matter to a committee usually the House Committee of Rules and the House Committee of Judiciary. They review the accusations and examine the evidence. If they find sufficient grounds to proceed the House will hold a seperate vote on each of the charges (articles of impeachment) if one or more pass by a simple majority they are impeached and will be sent to trial in the Senate
what is the process of impeachment in the senate
selected members of the house act as prosecution (the ones charging) while the impeached member and their lawyer present their defense lastly the senate acts as the judge and jury (conducting the trial and deliberating the arguments)
what happens if it’s the president is impeached
the VP becomes president
what needs to happen to be convicted (be found guilty)
the person being charged is convicted if there is a supermajority vote of 2/3 this results in the automatic removal of power and depending on the charges it can disqualify them from holding office in the future
what is the organization of the executive branch
The executive branch consists of the President, his or her advisors and various departments and agencies. This branch is responsible for enforcing the laws of the land The executive branch of our Government is in charge of making sure that the laws of the United States are obeyed.
what are the roles of the president
The President is both the head of state and head of government of the United States of America, and Commander-in-Chief of the armed forces. Under Article II of the Constitution, the President is responsible for the execution and enforcement of the laws created by Congress.
what are the roles of the vice president
The Constitution names the vice president of the United States as the president of the Senate. In addition to serving as presiding officer, the vice president has the sole power to break a tie vote in the Senate and formally presides over the receiving and counting of electoral ballots cast in presidential elections.
how have vice presidents changed over time
Today vice presidents serve as principal advisors to the president, but from 1789 until the 1950s their primary duty was to preside over the Senate.
what do the cabinet heads do
The members of the President’s Cabinet advise the President on all important problems he/she must face. They also lead the departments for the Executive Branch of our government. Congress must give its approval to the men and women the President appoints before they can take office.
what do the heads of independent agencies do
In general, independent agencies are tasked with administering laws and federal regulations that apply to specific areas such as the environment, social security, homeland security, education, and veteran affairs
what is a veto
The veto allows the President to “check” the legislature by reviewing acts passed by Congress and blocking measures he finds unconstitutional, unjust, or unwise.
who can override a veto
Congress has the power to override the President’s veto forms a “balance” between the branches on the lawmaking power.
what has to be stated in order to have an executive order
it must specify what authority is used to make it (constitution or law)
can executive orders be overturned
yes courts can rule them unconstitutional, congress can refuse to spend money to carry out the order, congress can pass legislation to invalidate them
why do presidents use executive orders
presidents use them to shift priorities and change the way the federal government does business
when do presidents use executive orders
most executive orders are not responses to emergencies they are often directed toward agencies in the federal government in order to expand or contract power. others determine the extent to which legislation should be enforced and sometimes they may be used to help clarify or implement a policy that needs to be easily defined.
what is the legislative branch check on executive orders
they can pass laws to counteract executive orders
what is the judicial check on executive orders?
they can deem there executive order unconstitutional
