quiz 2 Flashcards
What are executive orders, and where do they derive their authority?
Executive orders are directives issued by the President to manage the operations of the federal government. They derive their authority from the Constitution or a congressional statute. (inherent powers)
How do executive orders differ from laws passed by Congress?
- Executive orders are issued by the President and apply primarily to federal agencies and employees.
- Laws are passed by Congress and apply broadly to citizens and entities across the nation.
- Executive orders can be overturned by Congress, courts, or subsequent Presidents, while laws require repeal or judicial review.
What is the scope or reach of executive orders?
Executive orders have the “force of law” but only within the executive branch. They are binding on federal agencies and employees but not directly on private citizens unless supported by a statutory or constitutional basis
How can Congress respond to an executive order?
- Pass legislation to override the executive order (subject to presidential veto).
- Refuse to appropriate funds needed to implement it.
- Challenge its legality in court.
- Some can’t be touched if they are in the scope of presidential powers
What are the three categories of presidential power outlined by Justice Jackson in Youngstown Sheet & Tube Co. v. Sawyer?
Maximum Power: When the President acts with express or implied authorization from Congress.
Zone of Twilight: When Congress is silent, and the President acts based on independent powers.
Lowest Ebb: When the President acts against the express or implied will of Congress, relying solely on constitutional powers.
What are executive orders used for?
Used to achieve goals, set standards, or outline a view more
explicitly
What are executive orders, and where do they derive their authority?
Executive orders are directives issued by the President to manage operations of the federal government. They derive their authority from the Constitution or a congressional statute. (Inherent power- not explicitly stated)
How do executive orders differ from laws passed by Congress?
- Executive orders are issued by the President and apply primarily to federal agencies and employees.
- Laws are passed by Congress and apply broadly to citizens and entities across the nation.
- Executive orders can be overturned by Congress, courts, or subsequent Presidents, while laws require repeal or judicial review.
What is the scope or reach of executive orders?
Executive orders have the “force of law” but only within the executive branch. They are binding on federal agencies and employees but not directly on private citizens unless supported by a statutory or constitutional basis.
How can Congress respond to an executive order?
- Pass legislation to override the executive order (subject to presidential veto).
- Refuse to appropriate funds needed to implement it.
- Challenge its legality in court.
- Some can’t be touched if they are within presidential powers
What are the three categories of presidential power outlined by Justice Jackson in Youngstown Sheet & Tube Co. v. Sawyer?
Maximum Power: When the President acts with express or implied authorization from Congress.
Zone of Twilight: When Congress is silent, and the President acts based on independent powers.
Lowest Ebb: When the President acts against the express or implied will of Congress, relying solely on constitutional powers.
Why is time on the Presidents side?
Its easy to pass executive order, not easy to pass law
What are executive orders used for (in terms of President)?
Used to achieve goals, set standards, or outline a view more
explicitly
Examples of executive order?
Youngstown and Biden relief plan
What is executive privilege, and where does it derive its authority?
Executive privilege is the ability of the President to withhold communications and information from the legislature, judiciary, and public. It is an inherent power derived from the principle of separation of powers.
What are the three types of executive privilege?
Deliberative Process Privilege: Protects the executive branch’s decision-making process.
Presidential Communications Privilege: Protects direct communications of the President, including those prepared but not delivered. Extends to White House advisors.
State Secrets/National Security Privilege: Protects information that could harm national security if disclosed.
Can executive privilege be used to shield information in a criminal investigation?
No, executive privilege cannot be used to shield information in a criminal investigation, as established in United States v. Nixon. Privilege is qualified, not absolute.
What did the court rule in Nixon v. Administrator of General Services?
The court upheld the constitutionality of the Presidential Recordings and Materials Preservation Act, reiterating that executive privilege is qualified and must yield to substantial public interest.
What did nixon argue about the watergate scandal?
Claimed he had executive privilege in terms of how to communicate with his advisors and sharing the tapes would threaten national security
How can Congress respond if a President invokes executive privilege?
Issue a subpoena.
Hold the individual or office in contempt of Congress.
Seek enforcement through the DOJ or courts.
What is the Electoral College, and why do we have it?
The Electoral College is a constitutional system for electing the President. It was created as a compromise between election by Congress and a popular vote, balancing state and federal power in presidential selection.
How does the Electoral College process work?
Electors meet in their respective state capitals on the first Monday after the second Wednesday in December. Cantr vote for P/VP from same state
They cast separate ballots for President and Vice President.
Votes are certified and sent to Congress, where they are counted in a joint session.
How is the number of electors determined for each state?
Each state’s electors equal its total number of U.S. Representatives plus two Senators. Washington, D.C. also has three electors
How many electors are there in total, and how many votes are needed to win?
There are 538 electors in total. A candidate needs an absolute majority of 270 votes to win the presidency.
How are electors chosen?
Electors are chosen by political parties in each state, often as part of the party’s slate of nominees. They are typically loyal party members who pledge to vote for their party’s candidates.
Cant hold federal office.
How are electors directed?
Electors are directed by their state’s popular vote. States may enforce these pledges through laws, as upheld in Chiafalo v. Washington
What is the relationship between the popular vote and the Electoral College?
While the popular vote determines the electors’ choice in most states, the Constitution does not require a direct correlation. A candidate can win the Electoral College and lose the national popular vote due to the winner-take-all system.
What are faithless electors, and how are they handled?
Faithless electors cast a vote that differs from their state’s popular vote. States can punish them or remove their votes, as established in Chiafalo v. Washington
What’s the difference between winner-take-all and proportional representation in the Electoral College?
winner-take-all: The candidate with the most votes in a state gets all its electors (used in 48 states).
Proportional representation: Electors are divided based on the proportion of votes (used in Maine and Nebraska).
What happens if the Electoral College fails to deliver an absolute majority?
If no candidate receives 270 votes, the election is decided in the House of Representatives, where each state delegation has one vote. The Senate selects the Vice President.
What happens when an election is “thrown into the House”?
The House votes on the top three candidates for President, with each state casting one vote. A majority of states (26) is required to elect the President. The Senate chooses the Vice President.
What amendment pertains to electors?
12th
