Chapter 13/14 - Executive Branch Flashcards
President’s roles in government
- Chief of State - Symbolic figure of US
- Chief Executive - to execute laws
- Chief Administrator - deals w/ implementation of law
- Chief Diplomat - Spokesperson to international community
- Commander in Chief - head of rammed forces
- Chief of Party - leader of political party
- Chief legislator - able to pass or veto laws
- Chief Citizen - representative of the people
Formal qualifications to be president?
35 years or older
Natural born citizen
Lived in US for 14 years
What article of Constitution is presidency laid out?
Article 2
Why was there no 3rd term president?
Precedent set by Washington
What limited presidents to 2 terms or 10 years total?
22nd Amendment
Has Presidents called for repeal of 22nd amendment?
Yes; say it is undemocratic and limit free choice of the people
By what means could VP become President?
Death, removal or resignation of President
Which Amendment provides for Presidential succession?
25th Amendment in 1967; also dealt w/ temporary transfer of power in case of disability
What legislation establish current line of succession?
Presidential Succession Act of 1947; secretaries progress in order of creation
If Pres. Not dead, how can VP assume office?
1) President informs Congress he is unable to do job
2) VP and cabinet (majority) informs Congress of Presidents inability to discharge his duties
How can President reclaim office after disability period?
President informs Congress that disability no longer exists
What does VP do?
Preside over Senate
Decide Presidentsl disability (officially)
Assist President in policy initiates, prepared to assume Presidency (unofficially)
Presidental candidate chooses running mate that can help in an area w/ voters he may not have a great deal of appeal
Balancing the ticket
What 2 methods were the founding fathers against when it came to choosing the President?
Congress choosing President
Being directly elected by the people
What were objections to a general election?
People were too scattered in Nation and process would be too complicated
Or
Congress would put President under the legislative thumb
What group was created to choose President?
Electoral College
How does the EC choose President? ((at first))
Electors cast two votes each; highest votes becomes President, second highest is VP
How did Presidental selection get more difficult in 1796 and 1800
1796 - Growing factions led to opposing “parties” and a member of each was elected as President and VP (John Adams and Thomas Jefferson)
1800 - A tie; not big deal bc already had a system to deal with it (House of Reps.)
What changes were instituted after 1800 election?
- Party nominations for Pres. and VP
- Electors pledged to vote for party ticket, not individuals
- Automatic casting of electoral votes in line w/ party delegate pledges
What Amendment was added to Constitution after 1800 election?
And how many electors do the states get?
12th Amendment
The same number as their total number of Congressmen
What method was originally used to choose Presidental candidates?
The Congressional Caucus; a meeting of congressional party members that chose the candidate; used from 1800-1824
Why was first method of nomination discontinued?
It did not include voters and seen as undemocratic
What’s was created in place of Congressional Caucus?
The national nominating convention
What are the rules for Presidental nominating conventions?
With the national party committees; everything bout the conventions has been created by parties
What are the two campaigns for president?
Nomination (Intra-party competition) then General Election
Voters choose either delegates for the convention or actual party nominee preference
Closed v Open
Delegate v Superdeleagate
Presidental Primaries
Give all state’s votes to winner of preference vote
Winner-take-all
Delegates to candidates based on amount of votes they get (Democrats)
Proportional
How do Caucus-conventions work?
Party voters meet to choose delegates to a state convention; delegates are then chosen for national convention; Iowa is prominent caucus state
Stated beliefs of party, campaign objectives and strategy for defeating opposition
Platform
What two offices have most president held before running for president?
Senator and Governor
What happened over the last two days of convention?
Nominating party candidates, acceptance speeches and intro of party ticket
Who decided how electors are chosen?
State legislators (Article 2, sec. 1); now all electors are chosen by populate vote
When do electors meet to cast their vote?
The Monday after the second Wednesday in December
Is President formally elected on Election Day?
No; on January 6 when Pres. of Senate counts votes in front of congress
How many electoral votes are needed to win?
270 out of 538
What happens if no candidate gets this number of votes? When did this happen?
House decides with States each getting one vote (26 to win); in 1890 and 1824 (the corrupt bargain)
What at the flaws in the Electoral College system?
1) popular vote winner could lose the electoral vote
2) electors are not required to cast for the winner of their state
3) the house of reps may have to decide winner
4 proposed plans to reform electoral college
District Plan
Proportional Plan
Direct Popular Election
The National Bonus Plan
102 bonus electoral votes for pop. Vote winner; takes care of popular vote winner losing and house of reps may have to choose President
National Bonus plan
District votes would go to the winner in district with state-wide winner receiving 2 additional vote for Senate seats; no more winner-take-all; very reliant on district lines being drawn fairly; popular vote winner can still los
District Plan
Electoral votes would go to candidate based on proportion of popular vote in each state; aligns electoral and popular votes better; popular vote winner can still lose; 2-party system may be threatened (not a bad thing); greater risk of House decided election
Proportional Plan
Purely based on popular vote, no electoral college; most democratic method; too much candidates and states to deal with; encouragement of voter fraud; some groups would be marginalized in their influence (minorities)
Direct Popular election
How did Roger Sherman, Connecticut representative, think the executive branch should work?
Weak president
Just pass the will of legislature
What are the five reasons for growth of Presidential power?
- Unitary of Presidency (one person)
- Complex economic, social, technonolgy and geological growth
- Congress
- Major crisis
- Media attention
The two views of presidents?
- President is a steward to people (Stewardship Theory) - only limits what is expressly denied to president
- President has power/focuses more on what president CANT do. If not expressed, President not allowed to do them
President acts as a strong emperor, taking action w/o Congress’s approval
Imperial Presidency
What two provisions give the president his executive powers?
His oath of office & the take care power (article 2)
A direct order or ruling by the President that had the force of law but does not require Congress; these are still subject to judicial review
Executive Order
Source of the President’s authority to issue orders; largely implied in the Const. and comes from Congressional actions
Ordinance power
Ability to fill offices in federal govt; ambassadors/diplomats, Cabinet secretaries, independent.l agencies (& regulatory heads), fed. judges, US Marshalls, attorneys, military officers
Appointment power
The president can fill any vacancies created while the Senate is im recess; this has been limited by senate rules regarding “official” recesses
Recess Appointment
Steps of the confirmation process?
nomination
Committee hearing
Floor debate
Confirmation or rejection
Non-impeachment way to fire a federal worker; based on Take Care power
He can remove any appointed position except federal judges and independent regulatory agency heads
Removal Power
“I brought you into this world, I can take you out”
SC ruled a law limiting the Pres. ability to remove a postmaster unconstitutional; it confirmed the importance of the removal power to executing laws
Myers v US
SC ruled the reasons to remove someone was inefficiency, neglect of duty, malfeasance
Decision placed some limit on removal power
Humphrey’s Executor v US
What are the powers the President has in diplomatic and foreign relations?
Make treaties Appoint ambassadors/diplomats Executive Agreements Recognition power Role as Commander in chief
Pact between Pres. and head of a foreign nation; does not require Senate approval
Executive Agreement
Used to gain allies or give a nation leverage against other countries; The US benefits from this through access to militarg bases or economic relationships
Power of Recognition
How has Congress declared war w/o declaring war since WW2
Through joint resolutions authorizing the President to carry out his duties as commander in chief
There is a 48 hours window in which President must report to congress why troops have been deployed
Troops must be withdrawn within 60 days (30 day extension possible for withdrawal)
Congress can end deployment through concurrent resolution (no Pres. signature needed)
War Powers Resolution
What are the legislative powers of president?
Veto power Recommending bills Reports to Congresss State of the Union Economic report Budge Signing statements Call and adjourn Congress
Ability to veto specific parts of a bill
Could be used to prevent wasteful spending but could be used to overpower Congressional authority (amending bills)
Line-item veto
What judicial powers does the President have?
Reprieves - postponing execution
Pardons - forgivenesss of a crime
Commutations - reducing sentence/fine
Amnesty - blanket pardon to a group
