Course Final: Congress and the President Flashcards
Be able to identify and to briefly describe the key features of the legislative and executive offices in presidential systems including origin and survival, terms of office, the composition of government, and separate but overlapping powers.
• Voters cast separate Legislative & executive ballots – Separate origin & survival • Terms of office fixed for Executive (4 years) & legislature (Rep: 2 years/ Senator 6 years) • Elected executive directs the Composition of government • Executive & legislative powers tend to overlap (vs separate) – President has some constitutional lawmaking authority --overlapping powers: appointments, treaty ratification, etc
Be able to list or identify at least three strategic “games” that all presidents play with Congress.
- Nominations Games
- Treaty Ratification Game
- Impeachment Game
Be able to briefly, but accurately, describe the process to impeach and remove a president from office, and to explain why it is so unlikely that a president will actually be removed using this process. Be able to state the key variable for significantly raising the likelihood of a president’s removal from office (President Nixon faced this reality).
House must have simple majority to begin articles of impeachment, senate tries impeachment and requires two-thirds vote to remove the president. Key variable is that the president must lose the support of their own party to be impeachment.
Be able to briefly explain what is meant by both negative and positive legislative power for presidents, and to describe an example of each. Specifically, be able to explain how ability to issue executive orders can be a positive power that puts Congress at a disadvantage. Also be able to explain how the mere threat of a veto might impact legislation, and to answer the question: “Do few presidential vetoes mean Congress is winning the legislation game?”
Positive/proactive Power: moves the status quo
-Decree Power: Executive Orders
Negative/ Reactive power: Preserving the status quo
-veto
-less veto does not mean congress is winning because it most likely means that the congress is becoming subservient to the president’s threat of a veto.
-Congress can’t stop the power of an executive order, this puts them at a disadvantage.
Be able to briefly explain how the President & Congress have overlapping powers when it comes to cabinet formation, nominations for federal judgeships, and other high-level nominations.
-President nominates the appointee but senate has to confirm them.
Be able to briefly explain how the President & Congress have overlapping powers when it comes to formalizing international (bilateral or multilateral) treaties.
-2/3rds of senate must ratify all treaties that the executive negotiates
Be able to support a coherent argument as to whether US presidents are weak or strong, and to describe how presidential power can be constrained by Congress and what the most effective constraints are likely to be.
-Ways that Presidents are strong:
They can use National Security Directives, executive orders, executive agreements, and signing statements to move the status quo. All of which are unilateral powers and do not require consent of anyone. Presidents are Unitary Actors in their own institution, other institutions such as congress have to bargain and negotiate with each other to reach a majority consensus. The Bully Pulpit also gives him powerful means of direct influence
Ways Congress can restrain president:
-Congress has power of the purse (most effective way)-treaties must be ratified, -Appointments must be approved by senate, Presidential orders are subject to restrictions by congress (supreme court can enforce these), Strong, unified congress can overturn presidential orders
Be able to identify and/or list the two substantive government functions that the US Constitution specifically assigns to the president.
-National Security and Foreign Policy
Be able to list at least three national security related powers the Constitution grants to the Congress. At least two should be specific to national security, while the third could be an additional power that provides Congress with additional leverage for national security issues.
- Call up militia
- Raise an army and a Navy
- Appropriate money for national defense
Be able to list multiple advantages the President has over Congress when it comes to taking action in national security matters, and to briefly explain what “unitary executive theory” would predict for presidential action in national security affairs.
- Congress can declare war but only the President can wage war. Unitary executive theory says that president can make decisions on his own while the plurality of congress makes it more difficult. This makes president able to act much faster.
- President would be pro action in national security affairs.
Be able to provide at least two detailed and specific examples of how presidential powers have expanded, probably at the expense of Congress, since the Constitution was ratified.
-President Lincoln:
expanded the army without congressional authorization, blockaded the south without declaration of war, declared entire US under martial law, suspended habeas Corpus, Allowed military tribunals for cases regarding civilians, issued emancipation proclamation out of military necessity, and claimed he had certain “war powers” because the country was in rebellion, a concept NOT in the constitution.
- President Clintion:
Expanded use of the executive Order because of the divided government. Used signing statements to restrict the enforcement of over 140 statutes. Fought the Independent Counsel Act that authorized investigations of the Chief executive through the Department of Justice.
Be able to list the key provisions of the 1973 War Powers Resolution, and to briefly explain why presidents specifically avoid invoking it when consulting congress before committing US forces.
1-Prior to committing troops, and periodically thereafter, president is required to consult congress
2-Troops to be withdrawn in 60 days, (completed in 90 days) unless congress declares war/passes extension.
3-Congress can pass a concurrent resolution that ends the US involvement in the conflict that the President cannot veto (no president has recognized this as constitutional)
-Presidents do consult congress before committing US forces, but strictly avoid invoking the language that they are acting under the War Powers resolution because they don’t find it constitutional that they should have to be accountable to congress in matters of National defense.
Be able to briefly explain why the President has an information advantage over Congress, especially for national security and foreign policy issues.
-The president can withhold information because intelligence and operational agencies receive direction from the white house, not the capitol building. Congress depends on the executive for their intelligence and information.
