Chapter Eleven: The Presidency and the Executive Branch

Question 1

Military power

Answer 1

POTUS is commander in chief - he cannot declare war, but can determine military action

Question 2

War Powers Resolution

Answer 2

Post-Vietnam - requires POTUS to consult with Congress when activating military troops

Question 3

Diplomatic power

Answer 3

Chief Diplomat - can make treaties with foreign nations and executive agreements - also has diplomatic recognition

Question 4

Executive agreements

Answer 4

made between Pres and other heads of state (bypass of 2/3 Senate approval of treaties) - not binding for future Presidents

Question 5

Diplomatic recognition

Answer 5

the power to recognize foreign governments - powerful comment on the legitimacy of governments

Question 6

Appointment power

Answer 6

one of strongest influences of Pres on policy - Pres’ ability to appoint sho will head departments, but must have Senate approval

Question 7

Veto power

Answer 7

President can veto a bill (but can be overridden) - also pocket veto

Question 8

Executive privilege

Answer 8

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

Question 9

US v. Nixon

Answer 9

SCOTUS ruled that there is no “absolute unqualified presidential privilege of immunity from judicial process under all circumstances” (ruled against executive privilege)

Question 10

Nixon v. Fitzgerald

Answer 10

Presidents cannot be sued for damages related to official decisions made while in office

Question 11

Impoundment

Answer 11

Presidential practice of refusing to spend money appropriated by Congress

Question 12

Budget Reform and Impoundment Act of 1974

Answer 12

required President to spend all appropriated funds, unless Congress approved the impoundment

Question 13

Executive agenda setting

Answer 13

determining policy priorities for the nation - legislative agenda (LBJ New Society)

Question 14

Executive orders

Answer 14

have the power of law Presidentially passed without Congress - ordinance power “built on sand”

Question 15

Line-item veto

Answer 15

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

Question 16

Issue of gridlock

Answer 16

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

Question 17

Divided government

Answer 17

One party controls the White House and the other controls one or both houses of Congress

Question 18

Gridlock

Answer 18

inability to get anything done because the branches bicker with one another and make decisions difficult

Question 19

Vice President

Answer 19

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

Question 20

12th amendment

Answer 20

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

Question 21

Chief of Staff

Answer 21

appointed by Pres without Senate confirmation - takes care of Pres’ agenda for the day

Question 22

National Security Counsel

Answer 22

advises the President on American military affairs and foreign policy - POTUS, VP, Secretaries of State and Defense

Question 23

Office of Management and Budget

Answer 23

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

Question 24

Press Secretary

Answer 24

makes sure the President’s reputation is upheld - makes sure he looks good in the eyes of the public (and the media)

Question 25

National Economic Council

Answer 25

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

Question 26

Cabinet

Answer 26

oldest body of executive branch - 4 original = Sec of State, of Treasury, of War, and Attorney General today there are 15 major departments

Question 27

Inner cabinet

Answer 27

original four positions (State, Treasury, War (now called Defense), and Attorney General) - still generally have most power and influence

Question 28

Electoral college

Answer 28

a group of electors chosen by each state who would meet in their respective state capitals to vote for President and Vice President

Question 29

22nd amendment

Answer 29

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)

Question 30

25th amendment

Answer 30

Presidential succession in the presence of Presidential disability - allows VP to become acting Pres if VP and cabinet determine that Pres is disabled

Question 31

Impeachment process

Answer 31

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