Exam #2 Flashcards
Seperation of Power in the Presidency
- 22nd Amendment
- Article 2:
Sec 2- Commander in chief, grant pardons, hold judicial, make appts, require opinions of branch’s (estab. chain of command)
Sec 3- adjourn legislative, receive ambassador, take care and excute laws
- president’s sole power is to make laws
McCulloch v. Maryland
- Asks if congress oversteped thier powers
- The heart of this is the N and P clause
- National banks: Congress incorporates and made different branches
Who was McCulloch
Branch manager of Maryland branch
Maryland wants to tax the branch with hopes they will leave
who was maryland
- the state that opposed the creation of banks
What is the Necessary and Proper clause
about the strength (implied powers)
Can maryland tax the bank?
No because that is proritizing the ppl of maryland over others, they can tax buildings but not banks
How is the president chosen
the electoral college
What does popular rule rely on
1 strong man who does his job well and Hamilton argues that a single person for the job is best
What are the 4 ingredients for the executive branch
Unity, Duration, Adequete, Competent Powers
What does the 12th amendment establish
a ticket model, where the president runs with their picked VP
What was Youngstown Sheet & Tube Co. v. Sawyer
Court case that seized the coal industry
Does Hamilton think that one person can do all 4 things that a president needs todo?
Nope
Article 2 Sections 2-3
2: President Powers (make appointments without the senate and can require opinions of heads of offices)
3: Duties of the president (what they are expected todo, adjourn legislative, receive ambassadors and deal with laws
What are the principle duty of executive
unity of laws, protects laws, preserve community
What mindsets did Teddy and Taft have
Teddy: Public intrest–> limiting president authority
Taft: Take care–> president can use their powers that can be traced back to the constitution
What does the Youngstown case consider
weather president could seize the private mills to avoid a strike
What does the President act on in Youngstown case
- President acts on implied powers or the express authorization of congress
- President acts in the absence of Congressional authorization
- Pres acts in Direct contradiction to congressional authorization
Marbury V. Madison
Marbury never got his commissions cause they were in a drawer and Maddison threw them way because he was told to by the new president Tom Jefferson
What did Marbury V. Madison stem from
the election of 1800
What did the Judiciary act of 1789 expand
the powers of SCOTUS
VA and KY say what about the authority
all authority except those placed elsewhere is on the states
What is the Naturalization act of 1798
expands citizenshp from 5 to 14 years`
what is the alien friends act
only lasts 2 years, president power to deport those who he think is dangerous and is not a citizen
What is the alien enemy’s act
extends presidential power–> when there declare war or active threat of invasion they can make a proclamation
what is the sedition act
lasts only 5 years and made it illegal to make false statements about the national government
