Test 4/21 Flashcards
What are the ways in which the Legislative checks the executive?
- Impeachment/conviction process [be able to explain how this works]
- Senate approval needed for presidential appointments;
- Senate approval (⅔) needed to ratify treaties;
- Congressional investigation powers;
Law-making power to negate or modify executive orders.
Impeachment/conviction process [be able to explain how this works]
The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office
What are the ways in which the Executive checks the legislative?
- Pres. can appoint temporary officials (except judges) while Congress is not in session;
- Pres. creates executive orders which can spell out parts of laws but weren’t specified by Congress–have the force of law over all affected by executive branch (can be replaced or altered by acts of Congress);
- Pres. can call Congress into session if it’s in recess
What are the ways in which the Legislative checks the Judicial?
- Senate must approve all federal judges;
- Congress creates courts (and can specify their jurisdiction);
- Congress can start process of reversing a Supreme Court decision by initiating (proposing) constitutional amendments (Congress can only propose amendments–states must ratify);
- Impeachment/conviction process for federal judges;
What are the ways in which Judicial checks Legislative?
Federal courts (especially Supreme Court) are regarded as the arbiters (umpires) of constitutionality and can declare laws unconstitutional.
What are the ways in which Judicial checks Executive?
- Although the president appoints federal judges, they serve for life and cannot be removed by him;
- Federal courts (especially Supreme Court) are regarded as the arbiters of constitutionality and can declare presidential actions unconstitutional.
One power unchecked
Presidential power to pardon is one power that is unchecked (but the president can only pardon for federal crimes, not state)
How frequent have the use of the presidential veto and the overriding of vetoes by Congress been?
-pretty low
7.1%, or 106, have been overridden.
To what extent are the veto and override powers useful when the President and Congress share the same political party (and when they don’t)–be able to comment on data and charts showing the relationship between the president’s party and the party(-ies) in control of Congress.
- Fewer vetos are used when the president and Congress are the same political parties
- More vetos are used when the president and Congress are different political parties
Who, historically, has set the legislative agenda?
writers of the CONN saw Congress as setting the agenda (the realities are much more complex)
Strong executes shaping the agenda
- Hamilton’s financial plans during Washington’s administration
- FDR’s “New Deal”
- LBJ’s Civil Rights Act of 1964 and Medicare
Strong congressional control of the agenda
- Henry Clay’s “American Plan”
- Reconstruction during the administration of Andrew Johnson
What is an executive order?
declaration by the president or a governor which has the force of law,
What are some examples of famous executive orders?
- Lincoln’s Emancipation Proclamation
- FDR’s “Bank Holiday”
- FDR’s Executive Order 9066–the internment of Japanese-Americans
- Truman’s desegregation of the armed forces
- Carter’s thermostat setting
- Clinton’s “Don’t Ask, Don’t Tell” policy.
What is the role of the Supreme Court?
interpret law (constitution)
What are the conditions under which the Supreme Court would consider the constitutionality of a law (i.e., how the issue even gets to the Court)?
An appeal
Prior to this case, what were the prevailing opinions about whose job it was to decide constitutionality?
- NOT CLEAR
- Washing believes it was Congress’s job to decide the constitutionality
- Jefferson + Madison: believed it was up to the states
How did the Supreme Court establish its power to rule on constitutionality (Marbury v. Madison)?
The U.S. Supreme Court case Marbury v. Madison (1803) established the principle of judicial review—the power of the federal courts to declare legislative and executive acts unconstitutional
Dred Scott v. San[d]ford [also be able to explain the background including the “Missouri Compromise”]
- Missouri Compromise- preserved slavery while also limiting its growth
- Overturned by constitutional amendment
- 13th Amendment- abolish slavery
- 14th Amendment - born on American soil American citizen
Pollock v. Farmers Loan Co.
- Overturned by constitutional amendment
- 16th Amendment was proposed and ratified in 1913 saying … Congress had the power to collect income taxes
Hammer v. Dagenhart
SC takes narrow definition of Interstate commerce …. Today they have a much wider definition
A.L.A. Schechter Poultry Co v. U.S. [also be able to show understanding of the National Industrial Recovery Act and the later attempt by FDR to increase the size of the Supreme Court (i.e., its success or failure)]
SC takes a narrow definition of Interstate commerce…
National Industrial Recovery Act - Congress to authorize the president to regulate industry for fair wages and prices that would stimulate economic recovery.
Korematsu v. U.S.
Heart of Atlanta Motel v. U.S. [also be able to explain the basics of the Civil Rights Act of 1964]
Civil Rights Act of 1964- outlawed racial discrimination in all places of public accommodation as well as discrimination in hiring on the basis of race, religion, and nation origin (it would late be amended to include sex as a category)
Court upheld the constituationaly of the law??
