exam 2.2 Flashcards
how did Hamilton feel about the idea of an executive power
it’s vital except we need to make sure it doesn’t snowball into tyranny
What is prerogative power
the US equivalent of implied powers as listed in the constitution
What is article 1 section 1 of the US constitution
“All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives
What is article 2 section 1 of the US constitution
“The executive power shall be vested in a President of the United States of America.”
aka The Vesting Clause
What is article 2 section 3 of the US constitution
“He (the President) shall take Care that the Laws be faithfully executed”
aka Take Care Clause
what is the Whig model of executive power
restrained presidential powers, the President should only use the powers explicitly granted in the Constitution. Includes the view that policy is led by Congress not the Presidency.
what is the STEWARDSHIP model of executive power
a theory of robust, broad Presidential powers, the idea that the President is only limited by explicit restrictions in the Constitutions.
define modern presidency
period when President becomes central figure in American politics and participates actively in both foreign and domestic policy. Generally, thought to begin with FDR.
What was Richard Neustadt’s theory of presidential power?
Real power is the power to persuade and bargain.
What was Steven Skowronek’s theory of presidential power?
power comes from political order of the day (context)
What was Aaron Wildavsky’s theory of presidential power?
Presidency is two jobs-Domestic and Foreign Affairs (including military)
differences between White House Press Office and White House Office of Communications
White House Press Office –gives Press briefings, handles Washington Press Corps, office is headed by White House Press Secretary.•White House Office of Communications –promotes President’s agenda in the Media, usually headed by Director of Communications.
what is executive privilege
claim that confidential communications between Pres. and close advisers should not be revealed without consent of Pres
what is executive order
a command given to the Executive Branch by the President, that has the effect of law.
what is executive agreement
agreement between the President and other countries without Senate approval. These are based on areas of Presidential discretion.
what is a signing statement
comments made by the President when signing a law, including statements of how he intends to enact the law.
what is article 1 section 8 of the constitution
The Congress shall have Power to…declare war.”
what is article 2 section 2 of the constitution
The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States”
what was the war powers resolution of 1973
Limits Presidential deployment of troops unless Congress extends. (Withdraw after 60 days without permission)
No President has abided by its provisions since it passed.
what was the foreign assistance act of 1961
“None of the funds made available to carry out subchapter I of this chapter may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions.”
what do you need to read up on because it isn’t explained in the powerpoints
mexico city policy and how each president has viewed it
What did the passing of the 14th amendment do
allowed for incorporation, which meant the rights binding on the states instead of US government in general
what is the establishment cause
the idea that the government can’t establish a nationwide religion
difference between separationists and accomodationists
separationists - church and state should be separated
accomodationists - there should be a national religion
what is the exclusionary rule
The general principle that evidence obtained illegally cannot be used against a defendant in a criminal prosecution.
what does the fourth amendment protect against
he Fourth Amendment protects against illegal searches and seizures and requires probable cause for a warrant.
what does the fifth amendment protect against
the Fifth Amendment protects against being tried twice for the same crime (double jeopardy) and being compelled to incriminate yourself.
what was the outcome of the Miranda v Arizona case
miranda rights
What did the 13th amendment do
abolished slavery
what did the 15th amendment do
right to vote can’t be denied because of race
What did Justice John Marshall say about plessy v ferguson
“our constitution is colour blind”
what did the 19th amendment do
women can vote
what did the 26th amendment do
18 and older can all vote
what is the difference between the vesting clause of article one and the vesting clause of article two of the constitution
he vesting clause of Article 1 which vests Congress with “All legislative powers herein granted” and the vesting clause of Article 2 which says the “executive power shall be vested in a President of the United States of America.”
when does the VP have a vote in the senate
if the initial vote ends in a tie
What does political scientist Richard Neustadt argue
presidential power comes from the ability of the President to persuade through bargaining.
What does political scientist Aaron Wildavsky argue
he Presidency can be broken down into two categories: domestic affairs and defense/foreign policy. Also, Wildavsky argues that Presidents will often find domestic affairs frustrating and will turn to foreign policy instead.
What does political scientist Stephen Skowronek argue
presidential power comes from the political order of the day or the historical context including the public political commitments and the President’s political connections to those commitments.Know
what is meant by the term ‘reasonable time place and manner’
Time, Place, and Manner Restrictions. Limits that government can impose on the occasion, location, and type of individual expression in some circumstances. The First Amendment to the U.S. Constitution guarantees Freedom of Speech. … Nevertheless, the Free Speech Clause of the First Amendment is not absolute
what does ‘compulsory process’ mean
The Compulsory Process Clause of the Sixth Amendment to the United States Constitution allows defendants in criminal cases to secure witnesses in their favor through the issuance of a court-ordered subpoena.
difference between equality of opportunity and equality of outcome
Equality of opportunity provides in a sense that all start the race of life at the same time. Equality of outcome attempts to ensure that everyone finishes at the same time
what is meant by the term ‘log rolling’
the practice of exchanging favours, especially in politics by reciprocal voting for each other’s proposed legislation.
what are some expressed powers of the president
The Constitution explicitly assigns the president the power to sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors.
basic details of important privacy-related court cases
Griswold v. Connecticut (access to contraceptives),
Roe v. Wade(access to abortion),
Lawrence v. Texas (private sexual conduct).
