PSC Final Exam Review Flashcards
Who replaces President/Vice President if either cannot fulfill term?
Speaker of the House
Powers of the President
Commander in Chief, Pardon, Making treaties & recognizing foreign nations, Veto, Nominating federal justices & other appointments
How does impeachment work?
Congress has the power to bring articles of impeachment against the president, vice president, and civil officers for “treason, bribery, or other high crimes and misdemeanors”.
Who has been impeached?
Only two presidents have been impeached in our history: Andrew Johnson and Bill Clinton. Nixon was close but resigned first.
How has presidential power grown over time?
• Presidential directives- specific instruction on federal policy that don’t require congressional approval, a way to shape policy implementation and act quickly in emergencies (includes executive orders, proclamations, military orders)• executive orders- instruct federal employees to take a specific action or implement a policy a certain way (ex. Obama raising minimum wage)• signing statements- written on legislation reflecting interpretation of a law; non-constitutional versions are symbolic and often celebrate the passage of a law, constitutional version can affect the meaning of a law and can even refuse to enact certain provisions in a law
What is the bully pulpit?
“The power of the President is the power to persuade.” Teddy Roosevelt called the presidency the bully pulpit. Needed to take the argument to the people, going to the public to avoid a congressional fight. Obama had used new media to work around traditional media scrutiny. President also needs to negotiate with Congress and persuade foreign leaders.
How does president have control over domestic or foreign policy agenda?
President sets domestic policy agenda through the State of the Union Address, outlining federal budget, executive appointments, bully pulpit, implementation of laws, and veto power. He can also propose legislation or arguments for revisions to existing law.He is the Head of the State so he oversees the State department, commands the military, and meets with foreign leaders. He can propose new treaties or revise existing treaties. The public is usually supportive of the president’s foreign policy agenda, they are pretty ignorant of foreign affairs.
What makes a president great?
-Clear policy vision (ability to get preferred policy passed through Congress and enacted into law.-Communication and negotiation skills-Effective use of presidential powers (making government run effectively and efficiently)
Difference between criminal and civil cases
• Criminal- government prosecutes someone for breaking the law• Civil- someone sues someone else, either to enforce a right or win money• Jury is allowed for al criminal cases and civil suits over $20 (except at federal level $75,000)
How does the judicial nomination process work? How long do federal judges serve?
President nominates federal judges and the Senate approves by a majority vote. Federal judges serve during good behavior which gives them judicial independence (judges should not be afraid of political retribution).
Marbury v. Madison
-Supreme Court gives itself the power of judicial review. Basically the court may declare an act of Congress void if it is inconsistent with the Constitution. Adams nominated Federalists (including Marbury) to the federal bench before Jefferson becomes president. The paperwork is not delivered in time and Marbury is not officially appointed and James Madison refuses to deliver the appointment. Supreme Court rules that Marbury had a legal right to his appointment but the SC could not force Madison to deliver it because it was not within its jurisdiction.
McCulloch v. Maryland
-Gives Congress the ability to establish a national bank through the necessary and proper clause and denies the states authority to tax the activity of the national government.
Griswold v. Connecticut
Gives us our right to privacy.
Roe v. Wade
-Makes abortion constitutional under the right to privacy.
How does Supreme Court have power over President and Congress?
-Can declare laws unconstitutional-Can help expand national power or take it away
How did Supreme Court agenda change during the New Deal era?
The SC originally fought FDR on many pieces of New Deal legislation. They believed that a laissez faire approach to economic activity and feared FDR’s policies were too much government intervention. When FDR tries to pack the Court they responded by upholding his New Deal policies.
How did Supreme Court respond to the Civil Rights era?
Began process of incorporation through First Amendment and criminal procedure amendments-Brown v Board of Ed strikes down segregation-Wesberry v Sanders establishes equality for legislative districts-NY Times v Sullivan makes it hard to sue newspapers for libel-Miranda v Arizona requires criminals to be advised of their rights-Griswold v Conneticut gives us right to privacy-Roe v Wade made abortion constitutional under right to privacy-Lawrence v Texas extends privacy rights to homosexual conduct
What is senatorial courtesy and how does it work?
It is a way for Senators to block a judicial appointment. Senators from the President’s party can say no to a judge being appointed in their state. If no Senators are from the Presidents party then he may discuss with house members. If the Senator says no, pres should pick a new judge. If pres does not pick a new judge then the Senate will just not act.
