Exam 3: The Executive Branch Cont. Flashcards by Karen Zuniga

What are enumerated powers within the executive branch?

job duties within the constitution

*expressed via the constitution

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what two branches of govt. have enumerated power?

Legislative: Congress
Executive: President

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Where in the constitution is the presidents enumerated powers located?

Article II

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What are the enumerated powers of the president?

enumerated powers: job duties

Commander in Chief: military
Grants reprieves and pardons: judicial
Diplomatic: treaties and receives foreign ministers
can VETO bills: Legislative

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What is a Reprieves?

When the president lets someone our of jail early BUT

DOES NOT GET RID OF THEIR CRIMINAL RECORDS.

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T/F: Reprieves get rid of criminal records.

FALSE

pardons get rid of criminal records

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What are Pardons?

when the president DOES get rid of someone’s criminal records

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What are Diplomatic powers (diplomacy)?

Our relationships with other countries

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What does it mean when a president can receive foreign ministers?

the president is allowed to invite world leaders to the United States

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What are Inherent Powers?

Presidential powers that are IMPLIED through enumerated powers

*not expressed via the constitution

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What is the executive branch’s necessary and proper clause?

the president can create job responsibilities that assist in carrying out their enumerated powers

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What is congresses necessary and proper clause?

congress can make any laws to carry out their enumerated powers

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What are some examples of the presidents Inherent Powers?

declare war
order military mission
domestic emergencies
legislative initiatives

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What enumerated power did the president derive the ability to declare war from?

commander in chief

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What enumerated power did the president derive the ability to order military missions from?

Commander in chief

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Domestic emergencies is when

the president sends out federal relief.

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What are two reasons the president might distribute federal relief?

for natural disasters
for riots

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What are legislative initiatives?

when the president can work with members of congress to write and pass bills

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What is the evolving branch?

powers that have evolved over time TO assist the president in carrying out duties.

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Is the evolving branch in the constitution?

NO it is NOT reflected in the constitution

What is the cabinet?

15 advisors that help advise the president on current topics within the united states

What is executive privilege?

where the president can confidentially consult with attorneys or staff regarding top secret information

What happens if someone goes against executive privilege?

they can be criminally charged or sued by the president

What is a flaw of executive privilege?

sometimes presidents can take advantage and it is extremely difficult to get the president in trouble

*the president uses executive privilege to cover up things that are not top secret information, such as illegal activity

What was the question during United States v. Nixon?

How far should executive privilege be taken when illegal activity is involved?

What was the ruling of United States v. Nixon?

The supreme court ruled that executive privilege can only be used in military or diplomatic affairs. (can only be used when you are taking about anything to do with another country or the military)

What is the background of United States v. Nixon

President Nixon (Republican) was running for re-election when his campaign team broke into the Democrat’s campaign offices to steal strategy. Nixon won, but then the Watergate Scandal broke the news. His campaign team informed him of the potential charges, to which he claims he did not have any idea the crime happened. When the media and Congress asked Nixon whether he knew about the crime, he said he did not. Many of Nixon’s campaign staff were indicted and the government sought Nixon’s audiotapes to determine his involvement. Nixon claimed executive privilege. A lot of the audio was cut out, because Nixon stated that it contained military and diplomatic affairs. Due to the scandal, Nixon resigned as president before he was impeached.

What are executive orders?

presidential actions that carry the **force of laws**

Executive orders CANNOT

be laws for citizens

an executive order only applies to

Federal employees

T/F: executive order are removed after that presidents term ends?

FALSE executive order can NEVER be REMOVED but they can be AMENDED

Executive orders can never be __(1)__ but they can be __(2)__

1. REMOVED 2. AMENDED by future presidents

What was the first executive order?

George Washington ordered that all federal departments must write an annual report.

What is the most famous executive Order?

the emancipation proclamation ordered federal employees (i.e. the military) to free slaves that they come across

The court case of Korematsu v. United States was a result of what executive order?

an executive order created the internment camps which ordered federal employees to round up people of Japanese decent and send them to the internment camps

What are executive agreements?

INFORMAL agreements between two countries that are NOT permanent

Executive Agreements

DO NOT need congresses approval can go away at any time

What are two examples of executive agreements?

The North American Free Trade Agreement (NAFTA) Executive Agreement for Russia, North Korea, and China to be peaceful

What is a long standing executive agreement

The North American Free Trade Agreement (NAFTA)

what is The North American Free Trade Agreement (NAFTA) ?

was an agreement between the U.S., Mexico, & Canada to have cheaper trade

What was the original process of becoming VP?

the VP position was given to the person who came in second place

What did the 12th amendment establish?

states that a presidential candidate SELECTS a VP and they run on one ticket

What are the roles of the VP?

1. preside over the senate 2. replace the president if the office is vacant 3. other duties as assigned by the president

What duties did Joe Biden assign Kamala Harris?

Monitor the border

What did the 25nd amendment establish?

Officially states that the VP replaces the President.

How many yrs/ terms does the VP serve if he or she replaces the president?

The VP will serve the rest of the presidents term and then qualify for 2 terms (4yrs) of their own under the 22nd amendment (rest of presidents terms + VP owns term)

what did the 22nd amendment established?

the term limit of the president (2, 4 yrs. term: 8 yrs total)

Who takes the role of the VP?

The new president is responsible for appointing a new VP. Then the Senate confirms the appointment of the new VP.

Is there a time limit for selecting a New VP, once the past VP takes the place of the president?

NO THERE IS NO TIME LIMIT