Presidency Flashcards

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1
Q

Constitutional Qualifications

A
  1. natural born citizen
  2. at least 35 years old
  3. has to be a citizen for 14 years
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2
Q

Enumerated Powers

A
  • commander in chief (command military)
  • veto
  • follow the laws made by Congress
  • appoint ambassadors/foreign officials/others in official capacity (consults the Senate for this)
  • pardon
  • write checks
  • treaties (needs Congress consent)
  • Duty to see that the laws are faithfully applied (gives approval for presidents to make executive orders)
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3
Q

Veto

A

can be overridden by Congress with 2/3rds vote

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4
Q

Given but NOT enumerated powers

A

prepare the federal budget that needs to be approved by Congress (was created by a subsequent act)

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5
Q

Cabinet (History)

A
  • not required by the Constitution
  • during convention, they debated a possible privy council as the alternative to a cabinet
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6
Q

Proposed Privy Council

A

would advise the President - did not go through
- speaker of the house
- senate pro tem of the senate
- supreme court justice

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7
Q

Inner Council

A

four key cabinet members that the President most relies on
- Department of Defense
- Secretary of State
- Attorney General
- Treasury

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8
Q

Cabinet (Today)

A
  • 15 cabinet members and the VP
  • advisory body
  • members nominated by the President and confirmed by a majority vote in the Senate (just like with SCOTUS and federal judges)
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9
Q

Washington’s Cabinet

A
  • Thomas Jefferson (Secretary of State)
  • Alexander Hamilton (Treasury)
  • Edmund Randolph (Attorney General)
  • Henry Knox (Secretary of War)
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10
Q

Executive Orders

A

a directive/declaration by the president which has the force of law that do not require any Congress approval to take effect
- legislature and federal courts can overturn these ans so can future presidents

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11
Q

Impeachment

A

IMPEACHED: it has gone through the house successfully

  1. Resolution in the HOR
  2. Resolution goes to the HOR judiciary council to make a recommendation to approve it
  3. Resolution goes to the full HOR where a majority vote can impeach the president
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12
Q

Impeachment Trial

A
  1. Impeachment is approved in the HOR
  2. It goes to the Senate where they have a 2/3rds vote to hold a trial (which has never happened)
  3. Trial of the President which is ran by the Chief Justice
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13
Q

Impeached Presidents

A
  1. Donald Trump (impeached twice)
  2. Andrew Johnson
  3. Clinton
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14
Q

Johnson Impeachment

A

Radical Republicans wanted to give full rights to the slaves and to absolve any problems caused by the Confederates. They passed an act which Jackson refused, which led them to impeach. CLOSEST TO ACTUALLY BE TRIED IN THE SENATE.

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15
Q

Clinton Impeachment

A

Lying to Congress in obstruction of justice (Not the Lewinsky Affair even though it was eligible enough to be the reason)

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15
Q

Trump (1st Impeachment)

A

on tape trying to strike a deal with Zelensky in exchange for a Biden investigation

16
Q

Trump (2nd Impeachment)

A

January 6th

17
Q

Nixon impeachment???

A

was never officially impeached because he resigned before the HOR did it
- Watergate tapes
- Nixon originally claimed he had executive privilege

18
Q

Executive Privilege

A

President does not have to tell Congress if the problem has significant impact on foreign policy or harm democracy (Nixon used this to try to not submit the Watergate tapes, which did not work)

19
Q

Impeachment VS Trial

A

No president has been successfully moved to the trial in the Senate, but we have had Presidents impeached

20
Q

Impeachment AND Trial are Successful

A
  1. removed from office immediately
  2. another motion can be done to say he can never serve office again (not done automatically like #1!!!!!!!!!!!)
21
Q

Reasons to be Impeached

A

Bribery, treason, acts of high crime or misdemeanor

22
Q

Amendment 25

A

Came around ~1965 (created because of JFKs assassination), clarified what happens if a president is temporarily incapacitated

23
Q

Amendment 25: Section 3

A

President is unable (incapacitated) to carry out their duties
- The President tells Congress they are unable and tells the to appoint the VP to do his powers for that period of time (voluntary of the President)

24
Q

Amendment 25: Section 4

A

The President is incapacitated but refuses to give powers up
- The VP with a majority of the cabinet can ask Congress to remove the President temporarily or permanently. 2/3rds of Congress must vote to do so successfully.

25
Q

2 Term Limit

A

1951; After the New Deal (Franklin Roosevelt)

26
Q

Succession of the President

A
  1. President
  2. VP
  3. Speaker of the House
  4. President of the Senate (President pro tem)
  5. Cabinet Members (starts in inner ring)
27
Q

Washington: Expansion of the Power of the President

A

commander in chief; Only president to lead directly military action

28
Q

Jackson: Expansion of the Power of the President

A

used the veto the most at that time; expanding the power of the veto

29
Q

Lincoln: Expansion of the Power of the President

A
  • suspended habeas corpus (due process) for those found disloyal to the Union
  • Emancipation Proclamation was his biggest executive order
30
Q

T.Roosevelt/Wilson: Expansion of the Power of the President

A

Propose legislative agenda for Congress

31
Q

Franklin Roosevelt: Expansion of the Power of the President

A
  • New Deal
  • Internment camps for Japanese Americans
32
Q

Bush: Expansion of the Power of the President

A

patriot act after 9/11

33
Q

Trump Immunity SCOTUS Case

A
  • President does have absolute immunity from prosecution for official acts and presumptive immunity over non official acts
  • Personal behavior is not covered under the immunity
  • Expanded the power of the President
34
Q

Executive Branch Limitations (Chevron Doctrine)

A
  • Doctrine: Giving the power of the executive branch to federal organizations (The executive branch can incorporate regulations that can apply to penalties and enforce orgs to pay in areas that they find are wrong)
  • Instead, conservatives said it should be approved by Congress

Regulatory perspective: decision said that the executive branch overstepped its boundaries

35
Q

Winning the Presidency

A

absolute majority of electoral college votes