Chapter 13/14 - Executive Branch Flashcards

1
Q

President’s roles in government

A
  1. Chief of State - Symbolic figure of US
  2. Chief Executive - to execute laws
  3. Chief Administrator - deals w/ implementation of law
  4. Chief Diplomat - Spokesperson to international community
  5. Commander in Chief - head of rammed forces
  6. Chief of Party - leader of political party
  7. Chief legislator - able to pass or veto laws
  8. Chief Citizen - representative of the people
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2
Q

Formal qualifications to be president?

A

35 years or older
Natural born citizen
Lived in US for 14 years

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3
Q

What article of Constitution is presidency laid out?

A

Article 2

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4
Q

Why was there no 3rd term president?

A

Precedent set by Washington

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5
Q

What limited presidents to 2 terms or 10 years total?

A

22nd Amendment

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6
Q

Has Presidents called for repeal of 22nd amendment?

A

Yes; say it is undemocratic and limit free choice of the people

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7
Q

By what means could VP become President?

A

Death, removal or resignation of President

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8
Q

Which Amendment provides for Presidential succession?

A

25th Amendment in 1967; also dealt w/ temporary transfer of power in case of disability

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9
Q

What legislation establish current line of succession?

A

Presidential Succession Act of 1947; secretaries progress in order of creation

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10
Q

If Pres. Not dead, how can VP assume office?

A

1) President informs Congress he is unable to do job

2) VP and cabinet (majority) informs Congress of Presidents inability to discharge his duties

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11
Q

How can President reclaim office after disability period?

A

President informs Congress that disability no longer exists

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12
Q

What does VP do?

A

Preside over Senate
Decide Presidentsl disability (officially)
Assist President in policy initiates, prepared to assume Presidency (unofficially)

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13
Q

Presidental candidate chooses running mate that can help in an area w/ voters he may not have a great deal of appeal

A

Balancing the ticket

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14
Q

What 2 methods were the founding fathers against when it came to choosing the President?

A

Congress choosing President

Being directly elected by the people

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15
Q

What were objections to a general election?

A

People were too scattered in Nation and process would be too complicated
Or
Congress would put President under the legislative thumb

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16
Q

What group was created to choose President?

A

Electoral College

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17
Q

How does the EC choose President? ((at first))

A

Electors cast two votes each; highest votes becomes President, second highest is VP

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18
Q

How did Presidental selection get more difficult in 1796 and 1800

A

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.)

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19
Q

What changes were instituted after 1800 election?

A
  1. Party nominations for Pres. and VP
  2. Electors pledged to vote for party ticket, not individuals
  3. Automatic casting of electoral votes in line w/ party delegate pledges
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20
Q

What Amendment was added to Constitution after 1800 election?
And how many electors do the states get?

A

12th Amendment

The same number as their total number of Congressmen

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21
Q

What method was originally used to choose Presidental candidates?

A

The Congressional Caucus; a meeting of congressional party members that chose the candidate; used from 1800-1824

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22
Q

Why was first method of nomination discontinued?

A

It did not include voters and seen as undemocratic

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23
Q

What’s was created in place of Congressional Caucus?

A

The national nominating convention

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24
Q

What are the rules for Presidental nominating conventions?

A

With the national party committees; everything bout the conventions has been created by parties

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25
Q

What are the two campaigns for president?

A

Nomination (Intra-party competition) then General Election

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26
Q

Voters choose either delegates for the convention or actual party nominee preference
Closed v Open
Delegate v Superdeleagate

A

Presidental Primaries

27
Q

Give all state’s votes to winner of preference vote

A

Winner-take-all

28
Q

Delegates to candidates based on amount of votes they get (Democrats)

A

Proportional

29
Q

How do Caucus-conventions work?

A

Party voters meet to choose delegates to a state convention; delegates are then chosen for national convention; Iowa is prominent caucus state

30
Q

Stated beliefs of party, campaign objectives and strategy for defeating opposition

A

Platform

31
Q

What two offices have most president held before running for president?

A

Senator and Governor

32
Q

What happened over the last two days of convention?

A

Nominating party candidates, acceptance speeches and intro of party ticket

33
Q

Who decided how electors are chosen?

A

State legislators (Article 2, sec. 1); now all electors are chosen by populate vote

34
Q

When do electors meet to cast their vote?

A

The Monday after the second Wednesday in December

35
Q

Is President formally elected on Election Day?

A

No; on January 6 when Pres. of Senate counts votes in front of congress

36
Q

How many electoral votes are needed to win?

A

270 out of 538

37
Q

What happens if no candidate gets this number of votes? When did this happen?

A

House decides with States each getting one vote (26 to win); in 1890 and 1824 (the corrupt bargain)

38
Q

What at the flaws in the Electoral College system?

A

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

39
Q

4 proposed plans to reform electoral college

A

District Plan
Proportional Plan
Direct Popular Election
The National Bonus Plan

40
Q

102 bonus electoral votes for pop. Vote winner; takes care of popular vote winner losing and house of reps may have to choose President

A

National Bonus plan

41
Q

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

A

District Plan

42
Q

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

A

Proportional Plan

43
Q

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)

A

Direct Popular election

44
Q

How did Roger Sherman, Connecticut representative, think the executive branch should work?

A

Weak president

Just pass the will of legislature

45
Q

What are the five reasons for growth of Presidential power?

A
  1. Unitary of Presidency (one person)
  2. Complex economic, social, technonolgy and geological growth
  3. Congress
  4. Major crisis
  5. Media attention
46
Q

The two views of presidents?

A
  1. President is a steward to people (Stewardship Theory) - only limits what is expressly denied to president
  2. President has power/focuses more on what president CANT do. If not expressed, President not allowed to do them
47
Q

President acts as a strong emperor, taking action w/o Congress’s approval

A

Imperial Presidency

48
Q

What two provisions give the president his executive powers?

A

His oath of office & the take care power (article 2)

49
Q

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

A

Executive Order

50
Q

Source of the President’s authority to issue orders; largely implied in the Const. and comes from Congressional actions

A

Ordinance power

51
Q

Ability to fill offices in federal govt; ambassadors/diplomats, Cabinet secretaries, independent.l agencies (& regulatory heads), fed. judges, US Marshalls, attorneys, military officers

A

Appointment power

52
Q

The president can fill any vacancies created while the Senate is im recess; this has been limited by senate rules regarding “official” recesses

A

Recess Appointment

53
Q

Steps of the confirmation process?

A

nomination
Committee hearing
Floor debate
Confirmation or rejection

54
Q

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

A

Removal Power

“I brought you into this world, I can take you out”

55
Q

SC ruled a law limiting the Pres. ability to remove a postmaster unconstitutional; it confirmed the importance of the removal power to executing laws

A

Myers v US

56
Q

SC ruled the reasons to remove someone was inefficiency, neglect of duty, malfeasance
Decision placed some limit on removal power

A

Humphrey’s Executor v US

57
Q

What are the powers the President has in diplomatic and foreign relations?

A
Make treaties
Appoint ambassadors/diplomats 
Executive Agreements
Recognition power
Role as Commander in chief
58
Q

Pact between Pres. and head of a foreign nation; does not require Senate approval

A

Executive Agreement

59
Q

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

A

Power of Recognition

60
Q

How has Congress declared war w/o declaring war since WW2

A

Through joint resolutions authorizing the President to carry out his duties as commander in chief

61
Q

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)

A

War Powers Resolution

62
Q

What are the legislative powers of president?

A
Veto power
Recommending bills
Reports to Congresss
State of the Union
Economic report
Budge
Signing statements
Call and adjourn Congress
63
Q

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)

A

Line-item veto

64
Q

What judicial powers does the President have?

A

Reprieves - postponing execution
Pardons - forgivenesss of a crime
Commutations - reducing sentence/fine
Amnesty - blanket pardon to a group