Exec Power + Appts

Question 1

Section 1 of Article 2 ___

Answer 1

vests executive power in the Pres

Question 2

Section 2 of Article 2 ___

Answer 2

specifies, limits, and describes certain Pres powers

Question 3

Section 3 of Article 2 ___

Answer 3

further describes exec powers and duties

Question 4

Section 4 of Article 2 ___

Answer 4

subjects Pres to impeachment

Question 5

Exec power is a ___ unlike Leg power which is a ___

Answer 5

thing, collection of things

Question 6

Exec power is not _____ like leg power and not _____ like judicial power

Answer 6

enumerated, demarcated (cases and controversies)

Question 7

Locke says that exec power is power to act with ____

Answer 7

discretion for the public good without prescription of the law and sometimes against it

Question 8

Locke thought that expansive pres prerogative power ____

Answer 8

can’t be done away with completely because leg can’t move fast enough all the time

Question 9

King had ___ power but Pres gets _____ power

Answer 9

sovereign, narrow slice of sovereign

Question 10

Royal prerogative allowed for ___

Answer 10

levy taxes, warmaking, making and unmaking laws, treaties

Question 11

Parliament over time tried to ______ royal prerogative especially ___

Answer 11

whittle down, leg and judicial

Question 12

English history influenced the Consti because Pres given power to ___ but not to ____ through the ___ Clause

Answer 12

pardon, suspend/dispense, Take Care

Question 13

What is a proclamation

Answer 13

formal public announcement made by the govt

Question 14

Today proclamations are called ___

Answer 14

executive orders

Question 15

____ tried to make law via proclamations

Answer 15

James I

Question 16

What are four themes of the exec branch

Answer 16

energy (Fed 70), independence (from Cong. unlike Parliament), one exec (not a council), law executing not making powers

Question 17

Fed 70 says exec prerogative powers are ____

Answer 17

needed for vigorous leadership, especially in times of war

Question 18

Fed 70 defines energy as ____

Answer 18

unity, adequate provision for support, duration, competent powers

Question 19

Fed 70 says if multiple people in exec it is ___

Answer 19

hard to know who to blame

Question 20

Fed 70 says unlike in the leg branch exec slowdown ___

Answer 20

doesn’t serve a purpose and weakens execution

Question 21

What are the two theories of exec power

Answer 21

Execution of Laws, Forceful Law of the Nation (Ham)

Question 22

Execution of the laws is a ___ view resting ___

Answer 22

narrower, Take Care Clause

Question 23

Ham thinks execution of the laws is too ____

Answer 23

narrow to describe Exec power

Question 24

The first theory of exec power views it as ___

Answer 24

just power to execute the law with add ons (CiC)

Question 25

Execution of laws theorists think Framers would be reluctant to __

Answer 25

vest Pres with anything like prerogative power

Question 26

Execution of law people acknowledge that ___ but say that ___

Answer 26

pres has different powers (removal), limited

Question 27

Forceful law of the nation theory that exec power is __

Answer 27

all action of govt in Pres hands (subjects to limits/modifications Sections 2-4_

Question 28

FLNT thinks that if exec power merely law enforcing then ____

Answer 28

take care clause is redundant

Question 29

FLNT says Article II describes ___

Answer 29

other powers beyond law executing (CiC)

Question 30

FLNT says ____ exec power seems to stand on its own

Answer 30

structurally

Question 31

FLNT –> Though some pres powers limited some are ___

Answer 31

so distinctly Pres that Cong. can’t limit it (prerogative in that they resist Cong. control)

Question 32

FLNT says Take Care is a ___ not a ___ though it ___

Answer 32

duty, power, may imply power

Question 33

FLNT says TK Clause is intend to ___ the Pres not ___

Answer 33

constrain, empower

Question 34

FLNT says if law executing power defines Pres it seems weird that ___

Answer 34

odd that it is listed so late in Article 2 (section 3, clause 5)

Question 35

FLNT says that President doesn’t have foreign affairs ____ but that he has ___

Answer 35

power (not in Const), executive power that is the force of the nation

Question 36

Cong. can regulate some appts by giving power to ____

Answer 36

Pres alone, taking away Pres/Senate powers and giving power to heads of dept or courts

Question 37

Fed 76 says sometimes one _____

Answer 37

man of discernment better, not distracted by diversity of views in a collective body

Question 38

Fed 76 wants __ over ___

Answer 38

merit, partisanship

Question 39

Fed 76 thinks giving appt power to leg body would ___

Answer 39

lead to capture by special interests

Question 40

Fed 76 thinks giving Pres power ____ and Senate operates as ___

Answer 40

(not absolute) helps harness advantages without abuse, check on favoritism

Question 41

Fed 76 says even if Senate says no to one nominee, ___

Answer 41

pres nominates another so still his preference

Question 42

Counterargument to Fed 76 about nominee will ultimately be Pres preference

Answer 42

McConnel blocking Garland ensured Pres didn’t have any preference of nominees

Question 43

What is difference between superior and inferior officers in appointments clause

Answer 43

Cong. can only regulate inferior officers

Question 44

What are two tests for superior vs. inferior

Answer 44

Morrison test of importance, Edmund test of supervision and control

Question 45

Morrison test of importance

Answer 45

Inferior if= removable by higher Exec official + empowered only to perform certain limited duties + office limited in Jdx and tenure

Question 46

Morrison test of performance allows for ___

Answer 46

interbranch appts

Question 47

Morrison Scalia dissent says not the ____ that matters but the __-

Answer 47

significance of the body, officer’s place in it

Question 48

Morrison Scalia dissent says that ambassador to Lux not __

Answer 48

less than a principal officer just because a small country

Question 49

Morrison Scalia says that if allowed then ___

Answer 49

Cong can just fragment offices until they have power over all

Question 50

Morrison Scalia says dividing AG responsibilites into a bunch of lessor functions ____

Answer 50

deprives Pres of power to appoint his chief law enforcement officer

Question 51

What is Edmund test of supervision and control

Answer 51

whether they have superior nominated by Pres and confirmed by Senate

Question 52

Edmund relationship to Morrison

Answer 52

not overruling so two tests now?

Question 53

Buckley holding

Answer 53

any appointee with significant authority pursuant to laws of US is superior –> FEC Senate and House nominees uncon

Question 54

Buckley says that Cong can ___

Answer 54

give nomination power to something else but not itself

Question 55

Buckley test for superior officer

Answer 55

importance of position + whether person exercises significant discretion + whether exercises sovereign authority of US

Question 56

Buckley says that pathways to power ___

Answer 56

laid out in Consti which clearly enumerates powers of appt

Question 57

Court says Buckley method only constitutional if ___

Answer 57

Consti mere statement of principles and not binding on Govt (but marbury and other cases rejected this approach)

Question 58

There is much up for debate still with appointments but at least __

Answer 58

heads of agencies that control people are principal officers