Chapter Eleven: The Presidency and the Executive Branch Flashcards
Military power
POTUS is commander in chief - he cannot declare war, but can determine military action
War Powers Resolution
Post-Vietnam - requires POTUS to consult with Congress when activating military troops
Diplomatic power
Chief Diplomat - can make treaties with foreign nations and executive agreements - also has diplomatic recognition
Executive agreements
made between Pres and other heads of state (bypass of 2/3 Senate approval of treaties) - not binding for future Presidents
Diplomatic recognition
the power to recognize foreign governments - powerful comment on the legitimacy of governments
Appointment power
one of strongest influences of Pres on policy - Pres’ ability to appoint sho will head departments, but must have Senate approval
Veto power
President can veto a bill (but can be overridden) - also pocket veto
Executive privilege
Presidential rights to keep private communications between himself and his principal advisers (not in Constitution) - US v. Nixon - claims of this based on two grounds
- separation of powers keeps one branch from inquiring into internal workings on another
- Presidents and advisers need the assurance of private discussions to be candid with one another w/o fear of press and mass reaction - especially national security
US v. Nixon
SCOTUS ruled that there is no “absolute unqualified presidential privilege of immunity from judicial process under all circumstances” (ruled against executive privilege)
Nixon v. Fitzgerald
Presidents cannot be sued for damages related to official decisions made while in office
Impoundment
Presidential practice of refusing to spend money appropriated by Congress
Budget Reform and Impoundment Act of 1974
required President to spend all appropriated funds, unless Congress approved the impoundment
Executive agenda setting
determining policy priorities for the nation - legislative agenda (LBJ New Society)
Executive orders
have the power of law Presidentially passed without Congress - ordinance power “built on sand”
Line-item veto
allows Presidents to veto sections of bills without rejecting the whole thing - Clinton v. City of New York ruled the Line-Item Veto Act of 1996 unconstitutional because it was an abuse of the separation of powers
Issue of gridlock
with a divided government, legislation is not able to be passed easily and not much gets done - has been a trend for the past 50 years
Divided government
One party controls the White House and the other controls one or both houses of Congress
Gridlock
inability to get anything done because the branches bicker with one another and make decisions difficult
Vice President
presides over the Senate without a vote unless there’s a tie
helps decide the question of Presidential disability, as provided in the 25th amendment - never happened before
12th amendment
before this amendment, POTUS and VP was 1st and 2nd in the election but was changed after the election of 1800 - now they are voted for separately after the amendment was passed
Chief of Staff
appointed by Pres without Senate confirmation - takes care of Pres’ agenda for the day
National Security Counsel
advises the President on American military affairs and foreign policy - POTUS, VP, Secretaries of State and Defense
Office of Management and Budget
largest office in the Executive Office of President and prepares the national budget that the President proposes to Congress every year. Also monitors the spending of funds approved by Congress and checks the budgets and records of executive agencies
Press Secretary
makes sure the President’s reputation is upheld - makes sure he looks good in the eyes of the public (and the media)
National Economic Council
helps the Pres with economic planning - consists of three leading economists and is assisted by about 60 other economists, attorneys, and political scientists - Pres’ major source of advice and info about nation’s economy
Cabinet
oldest body of executive branch - 4 original = Sec of State, of Treasury, of War, and Attorney General today there are 15 major departments
Inner cabinet
original four positions (State, Treasury, War (now called Defense), and Attorney General) - still generally have most power and influence
Electoral college
a group of electors chosen by each state who would meet in their respective state capitals to vote for President and Vice President
22nd amendment
limits POTUS to 2, 4-year terms and/or 10 years (if VP appointed in middle of a term, he can still have 2 full terms)
25th amendment
Presidential succession in the presence of Presidential disability - allows VP to become acting Pres if VP and cabinet determine that Pres is disabled
Impeachment process
House may impeach the president by a majority vote for “treason, bribery, or other high crimes and misdemeanors” - Senate then tries the pres with Chief Justice of SCOTUS presiding - Senate may then convict and remove the pres with a 2/3 vote - only 2 have been impeached - Andrew Johnson and Bill Clinton - neither convicted
