Executive Branch Flashcards

Review class notes on the executive branch

1
Q

Qualifications of the Executive

A

4 year term, natural born citizen, age limit of 35, U.S. resident for at least 14 years

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2
Q

Line of Succession

A
  1. Vice President
  2. Speaker of the House
  3. President Pro Tempore of Senate
  4. Secretary of the State
  5. Secretary of the Treasury
  6. Secretary of Defense
  7. Attorney General
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3
Q

Traditional Approaches to the Executive

A

Bloodline, Military Power, Legislative Selection

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4
Q

Electoral College

A

System of procedural safeguards implemented by the Framers to elect the President. Purpose to avoid popular elections among the uneducated.

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5
Q

General Executive Powers

A

Execute and enforce the laws.

Appoint and remove Executive Branch officials.

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6
Q

Military and Foreign Policy Powers

A

To be commander in chief of the armed forces
To appoint ambassadors
To receive foreign ambassadors
To make treaties

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7
Q

Powers Related to the Legislative Branch

A

To sign bills passed by Congress
To veto bills passed by Congress
To convene special sessions of Congress
To advise Congress on the State of the Nation

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8
Q

Powers Related to the Judicial Branch

A

To appoint Federal Judges

To grant pardons to those convicted of federal crimes

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9
Q

The Founders’ President

A

They wanted an “energetic” president-strong and efficient in executing the laws and fighting wars. Given kingly powers but with check and balances to prevent a dictatorship.

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10
Q

General Grant of Power Theory

A

Powers are enumerated but implied.

“President has all powers not prohibited by the Constitution.” -Teddy Roosevelt

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11
Q

Mere Designation of Office Theory

A

Letter of the law approach where only powers stated explicitly in Article II are granted. The President does not have a blank check to do as he wills; the Legislative Branch being the main check on his power.

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12
Q

Impeachment

A

Removed and Barred from office. Two part process:

1) Impeach inquest in the House
- 2/3 vote necessary to move on
2) Trial of impeachment in the Senate
- with the Chief Justice at the head
- 2/3 vote to impeach

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13
Q

Review of Legislation

A

Sign it - Becomes law
Ignore it - Becomes law without signature in 10 days
Veto - 2/3rds override
Pocket Veto -Congress adjourns during 10 day period
*Line-Item Veto was never a Constitutional power to president.

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14
Q

Executive Privilege

A

Certain conversations, documents, and records so related to the delicate duties of the President they must remain confidential from the other two branches and the people. Holds more weight when regarding foreign policy and national security. Allows for open and candid conversations.

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15
Q

Truman Standard

A

President will approve any papers being sent to Congress.

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16
Q

Executive Immunity from Lawsuit

A

President has immunity if related to official duties. However, to check this privilege, he is subject to impeachment by Congress.

17
Q

Washington’s Precedence

A

Only served for 2 terms. Executive independence coupled with Constitutional self-control. Formed the Executive. Didn’t wait for Congress. Took control of appointments. Kept himself the sole leader of his cabinet. Departmental Theory and worked to interpret for his department.

18
Q

Kestler’s Statement

A

For the first time amongst the majority, alternative principles radiate more than traditional principles. We are straying from from traditional Constitutional Values. Evidence is that social issues won the past election.