Enumerated Powers Of The President Flashcards

1
Q

What re enumerated powers?

A

-formal powers
-explicitly wrote in the constitution - specific

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2
Q

What is the formal power of the president to propose legislation?

A

-pres can propose legislation at any time
-does this by calling press conference or making public announcement

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3
Q

What is an example of the president proposing legislation?

A

-pres annual ‘state of the union’ address
-2013 Obama used this to promote policy on job creation, immigration reform, gun control + minimum wage

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4
Q

What is the implied power of the president submitting the annual budget?

A

-it sets out how much money federal gov spend over coming year
-pres doesn’t personally write budget but pres office of management does at their the pres direction

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5
Q

What is an example of the president submitting the annual budget?

A

-Feb 2020 Trump budget took gov spending to $4.8 trillion
-but didn’t have power pass budget as ‘power of the purse’ belongs to congress

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6
Q

What is the formal power of the president to sign legislation?

A

-pres power sign bill into law + once done bill becomes law of congress
-pres also not sign it + leave it on desk to become law after 10 working days without signature

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7
Q

What is an example of the president signing legislation?

A

-Obama signed Ukraine freedom support act of 2014

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8
Q

What is the formal power of the president to veto legislation?

A

-pres not sign bill + leave it on desk to become one in 10 days
-if congressional session ends during 10 days bill is lost — pocket veto
-also veto by sending bill back to congress but congress can override this (is difficult)

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9
Q

What is an example of the president vetoing legislation?

A

-pocket veto last used by Clinton 2000 — two thirds majority needed in both houses to override this veto
-Trump 2018-21 made 10 vetoes + 1 was overridden
-vetoed 2 legislation to end state of emergency 2019

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10
Q

What is the final power of the president acting as chief executive?

A

-chief exec of federal gov
-controls federal bureaucracy which is made of 15 executive deps each with diff area responsibility

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11
Q

What is the formal power of the president nominating executive branch officials?

A

-each new pres has 4000 positions in executive branch to fill with appointments
-over 700 are confirmed by senate by a simple majority vote

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12
Q

What is an example of the president nominating executive branch officials?

A

-Trump appointed Wilbur Ross as Secretary of commerce Feb 2017

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13
Q

What is the formal power of nominating all federal judges?

A

-senate checks this power as simple majority needed to appoint them
-judges appointed for life unlike exec branch officials
-SC justices also appointed

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14
Q

What is an example of the president nominating federal judges?

A

-Trump first SC nominee Neil Gorsuch
-Trump third SC nominee Amy Coney Barrett 26th Sept 2020

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15
Q

What is the formal power of the president acting as commander in chief?

A

-power makes pres overall head of US military
-allows him initiate military action
-constitution states only congress can declare war but hasn’t happened this way since 1941

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16
Q

What is an example of the president acting as commander in chief?

A

-Roosevelt declared war on Japan 1942 in congress
-war powers act 1973 - pres ask congress approve military action
-some pres act without approval like Clinton sending US troops into Kosovo 1990s

17
Q

What is the formal power of the president being able to negotiate treaties?

A

-power negotiate treaties with other countries
-but must be ratified by senate with 2/3 supermajority for treaty to be accepted

18
Q

What is an example of the president negotiating treaties?

A

-obamas 2015 Paris agreement in climate change + 2015 Iran nuclear deal
-but Trump withdrew from these 2017

19
Q

What is the formal power of the president to pardon?

A

-can pardon anyone convicted of federal crime
-given after convicted has died or give pre-emotive pardon for crimes already committed that may be charged in the future

20
Q

What is n example of the power to pardon?

A

-Trump pardoned African American boxer Jack Johnson in 2013 for 1913 offence of crossing state lines with a white woman

21
Q

How can this power be used inappropriately?

A

-pres criticised for using power inappropriately
-Clinton criticised for pardoning own brother for drug offence
-also for pardoning wealthy supporters
-Clinton also granted 140 pardons on last day in office — scandal called ‘pardongate’

22
Q

What is the formal power of the president being the head of state?

A

-under constitution pres responsible for execution + enforcement of laws created by congress