Unit 2

Question 1

Constitutional Provisions for the Presidency

Answer 1

The President must be a natural-born citizen of the United States, at least 35 years old, and have been a resident of the United States for at least 14 years. The President is elected to a four-year term and can serve a maximum of two terms. The President is also the Commander-in-Chief of the armed forces and has the power to veto legislation passed by Congress.

Question 2

Commander in Chief

Answer 2

The role of the president as supreme commander of the military forces of the United States and of the state National Guard units when they are called into federal service

Question 3

Pardon power

Answer 3

Pardon power is the President’s authority to grant clemency to individuals convicted of federal crimes. This means that the President can reduce or eliminate a person’s sentence, or completely forgive a person for their crime. The President’s power to pardon is absolute and cannot be overturned by Congress or the courts.

Question 4

Treaty powers

Answer 4

Treaty powers refer to the President’s ability to negotiate and sign treaties with foreign countries. The President has the power to negotiate treaties, but they must be approved by the Senate before they can take effect. Once a treaty is ratified, it becomes the law of the land and must be followed by all citizens and government officials.

Question 5

Impeachment

Answer 5

An action by the House of Representatives to accuse the president, vice president, or other civil officers of the United States of committing “Treason, Bribery, or other high Crimes and Misdemeanors.”

Question 6

Formal Powers

Answer 6

Veto power, command armed forces, pardoning power, appointment powers, make treaties, convene Congress (powers that are in the constitution).

Question 7

Informal Powers

Answer 7

The power to go public, power of persuasion, make executive agreements, issue executive orders, issue signing statements, create & use bureaucracy, personality and leadership, and make legislative proposals (powers that are not in the constitution).

Question 8

Appointment power

Answer 8

President appoints ambassadors, federal judges and officers of the United States

Question 9

Advice and consent

Answer 9

Terms in the Constitution describing the U.S. Senate’s power to review and approve treaties and presidential appointments.

Question 10

Executive orders

Answer 10

Executive orders are official orders issued by the President that carry the same legal force as laws passed by Congress. They are used to manage the operations of the federal government and enforce laws passed by Congress. For example, they can be used to establish new policies, create rules and regulations, and allocate resources. Although executive orders do not require approval from Congress, they can be overturned by Congress or the courts if they are found to be unconstitutional.

Question 11

Vesting Clause

Answer 11

A vesting clause is a provision in the U.S. Constitution that grants certain powers to the President. The clause states that “The executive Power shall be vested in a President of the United States of America.” This clause gives the President the authority to execute and enforce the laws of the land, as well as to manage the operations of the federal government. The vesting clause is often cited as the source of the President’s broad powers over foreign policy, national security, and law enforcement.

Question 12

checks on executive orders

Answer 12

There are several checks on executive orders that help ensure they are constitutional and do not exceed the President’s authority. Here are a few examples:

1. Judicial Review: The courts have the power to review executive orders and declare them unconstitutional if they violate the Constitution or other laws.
2. Congressional Oversight: Congress can review and investigate executive orders and take action to overturn them through legislation or other means.
3. Public Opinion: The public can express their opinions on executive orders and put pressure on the President to modify or rescind them.
4. Presidential Succession: The Vice President and other officials in the line of succession have the power to remove the President from office if they believe he or she is abusing their power through executive orders.

These checks help ensure that executive orders are used appropriately and in accordance with the Constitution and other laws.

Question 13

Executive agreement

Answer 13

An executive agreement is a legal agreement between the President and a foreign government that does not require approval from the Senate. It is used to establish policies and commitments between the United States and other countries on various issues. Unlike treaties, executive agreements do not require Senate approval, but they are subject to the same constitutional limits as treaties.

Question 14

Bargaining

Answer 14

Bargaining is a power of the President that allows them to negotiate with other countries, Congress, and other powerful actors to achieve their policy goals. It can take many forms, including making deals and offering incentives. However, bargaining is subject to constitutional limits and can be challenged if it violates the law or public interest.

Question 15

State of the Union

Answer 15

A yearly report by the president to Congress describing the nation’s condition and recommending programs and policies

Question 16

Pocket veto / veto

Answer 16

If the President does not sign a bill and Congress is adjourned (10 days) / When the President does not sign a bill and stamps it with a Veto Message– Both are formal functions of Government

Question 17

Executive privilege

Answer 17

An implied presidential power that allows the president to refuse to disclose information regarding confidential conversations or national security to Congress or the judiciary.

Question 18

EOP (Executive Office of the President)

Answer 18

The cluster of presidential staff agencies that help the president carry out his responsibilities.

Question 19

Cabinet

Answer 19

Advisory council for the president consists of the heads of the executive departments, the vice president, and a few other officials selected by the president.

Question 20

Signing statement

Answer 20

A written declaration that a president may make when signing a bill into law that reveals what the president thinks of a new law and how it ought to be enforced

Question 21

Presidential approval rating

Answer 21

A measure of the degree to which the public approves or disapproves of the president’s performance in office.

Question 22

Bully pulpit

Answer 22

A bully pulpit is a term used to describe the President’s ability to use their high-profile position to influence the public and other powerful actors to support their policy goals. It was coined by President Theodore Roosevelt and can be used to shape public opinion and pressure other branches of government to take action. While not an official power, it can be a powerful tool for achieving policy objectives.

Question 23

Presidential Communication

Answer 23

Presidential communication refers to the various ways in which the President communicates with the public, Congress, and other powerful actors to achieve their policy goals. It can take many forms, including speeches, press conferences, social media, and private meetings. Effective communication is critical for building support for policies, shaping public opinion, and rallying support for the President’s agenda.

Question 24

Vice President

Answer 24

President of the Senate

Question 25

Checks on the President

Answer 25

Congress can impeach and remove the president w/

Chief Justice presiding over the trial.

Presidential vetoes can be overwritten by two thirds majority in each house of Congress

Question 26

Executive checks on other branches

Answer 26

The President has several executive checks on other branches of government, including the power to veto legislation, issue executive orders, nominate judges and other officials, and use the military to protect national security and conduct foreign policy.

Question 27

Bureaucracy

Answer 27

Bureaucracy is a complex system of rules, procedures, and regulations used to manage large organizations, including government agencies. It is characterized by a hierarchical structure, and is often criticized for being slow and inefficient, but is necessary for ensuring that government agencies function effectively and provide essential services to the public. (example DMV)

Question 28

Civil servants

Answer 28

Civil servants are government employees who work in various agencies and departments, carrying out the policies and programs of the government. They are hired through a competitive selection process, expected to be nonpartisan and follow strict ethical standards. Civil servants ensure that the government operates effectively and efficiently, and that the needs of the public are met.

Question 29

Political appointments

Answer 29

Political appointments are positions in the government filled by individuals chosen by elected officials or other political leaders. Appointees are often chosen based on political loyalty rather than qualifications. They may serve as advisors to elected officials or heads of government agencies. Political appointments can bring new ideas to government but can be criticized for being overly partisan and lacking in expertise.

Question 30

Role of the bureaucracy

Answer 30

designed to implement laws, make and enforce rules, and settle disputes

Question 31

Rule-making authority (regulations)

Answer 31

Rule-making authority, or regulations, is the power of government agencies to create and enforce rules and standards that ensure compliance with laws and regulations. They cover topics such as health and safety, environmental protection, and consumer protection. Regulations involve a public comment period before they are implemented. While regulations can be controversial, they are important for protecting the public and maintaining order in society.

Question 32

Discretionary authority

Answer 32

Discretionary authority is the power of government officials to make decisions based on their own judgment and interpretation of the law. It’s often given to those responsible for enforcing laws or carrying out government programs. While it can lead to inconsistent or arbitrary decision-making, it’s necessary to allow officials to respond to unique or unexpected situations not covered by existing rules or procedures.

Question 33

Expertise in the bureaucracy

Answer 33

Bureaucracies are more concentrated on one topic so they have more expertise in that subject and thus can make better policies towards it.

Question 34

Notice-and-comment procedure

Answer 34

The notice-and-comment procedure is a process used by government agencies to create or modify rules and regulations. It involves publishing a proposed rule and allowing the public to provide feedback on it. The agency must consider and respond to the comments received before issuing a final rule. This ensures that the public has a say in the rule-making process.

Question 35

Red tape

Answer 35

complex bureaucratic rules and procedures that must be followed to get something done
Ex: (DMV rules)

Question 36

Standard operating procedures

Answer 36

Standard operating procedures (SOPs) are detailed instructions that describe how to carry out a particular task or activity. They ensure consistency and quality in operations, and typically include step-by-step instructions, safety procedures, and quality control measures. SOPs are used in a variety of settings, such as businesses and government agencies, to ensure tasks are carried out efficiently and effectively.

Question 37

Oversight

Answer 37

Oversight in government refers to monitoring government agencies and officials to ensure they follow the law and carry out their duties responsibly. It can be conducted by other branches of government or independent agencies, and involves activities such as investigations and audits. The goal is to promote transparency, accountability, and good governance, and to prevent abuse of power or corruption.

Question 38

Federal civil service

Answer 38

The federal civil service is the body of employees who work for the federal government, hired based on merit. It includes a wide range of jobs and has rules and regulations that govern conduct, including restrictions on political activity and requirements for ethical behavior. The goal is to ensure that the federal government is staffed by qualified and competent individuals who are selected based on their abilities.

Question 39

Pendelton Act of 1883

Answer 39

reform measures that established the principle of federal employment on the basis of open, competitive exams, and created the civil service commission

Question 40

Spoils System

Answer 40

The spoils system, also known as patronage, is a practice in which political officials award government jobs and other favors to their supporters and allies, rather than based on merit. The spoils system was widely criticized for promoting corruption, inefficiency, and incompetence in government, and led to calls for reform. In 1883, Congress passed the Pendleton Civil Service Reform Act, which established a merit-based system for hiring federal employees and limited the president’s power to fire them. This law helped to reduce the influence of political parties in government and promote a more professional and efficient civil service.

Question 41

Merit System / Civil Service

Answer 41

The merit system, also known as the civil service, is a system of hiring and promoting government employees based on their abilities and qualifications. Its goal is to ensure that the federal government is staffed by qualified and competent individuals who are selected based on their abilities. The merit system is governed by rules and regulations that require open competition for jobs and provide protections against discrimination and other forms of unfair treatment.

Question 42

Checks on Bureaucracies

Answer 42

There are several checks on bureaucracies to prevent abuses of power and ensure accountability. These include:

1. Congressional oversight: Congress has the power to investigate the activities of federal agencies and hold them accountable for their actions.
2. Judicial review: The courts can review agency decisions and actions to ensure they are consistent with the law and the Constitution.
3. Administrative procedures: Agencies must follow established procedures for rulemaking, adjudication, and other activities, which are designed to ensure transparency and accountability.
4. Whistleblower protection: Federal employees who report misconduct or abuse of power are protected from retaliation by law.
5. Inspector General oversight: Each agency has an independent Inspector General who is responsible for investigating allegations of waste, fraud, and abuse within the agency.

These checks help to ensure that bureaucracies are accountable to the public and operate within the law.

Question 43

Iron Triangles

Answer 43

Iron triangles are informal alliances between interest groups, congressional committees, and federal agencies that work together to advance their shared interests. These alliances can be difficult to break and can become entrenched over time, and have been criticized for promoting special interests over the public interest.

Question 44

Interest Groups

Answer 44

Interest groups are organizations that represent the views and interests of a particular group of people, and work to influence government decision-making. They can be effective in promoting their members’ interests, but have also been criticized for promoting narrow interests over the broader public interest.

Question 45

Presidential ideology and rule-making

Answer 45

Presidential ideology refers to the political beliefs of the President, which can influence the policies and initiatives they pursue while in office. The President can influence rule-making by appointing officials to head federal agencies, issuing executive orders, and reviewing and approving or rejecting proposed regulations.

Question 46

Judiciary Act of 1789

Answer 46

The Judiciary Act of 1789 established the federal court system, including the Supreme Court, federal district courts, and circuit courts of appeal. It also created the office of the Attorney General and provided for the appointment of U.S. Marshals to enforce court orders.

Question 47

District courts

Answer 47

District courts are the lowest level of the federal court system in the United States, with at least one in each state. They hear a variety of federal cases, and judges are appointed by the President and confirmed by the Senate for lifetime appointments. Decisions can be appealed to the circuit courts of appeal.

Question 48

Appellate jurisdiction

Answer 48

Appellate jurisdiction refers to a court’s authority to hear appeals from lower courts or administrative agencies. Federal courts of appeal have appellate jurisdiction over district courts, and the Supreme Court has appellate jurisdiction over the federal courts of appeal. Appellate courts review the record of the lower court or agency to determine if the decision was made correctly according to the law.

Question 49

Judicial review

Answer 49

Judicial review is the power of a court to review and potentially invalidate laws or government actions that are deemed to be unconstitutional. The Supreme Court established this principle in the Marbury v. Madison case in 1803. Judicial review is an important check on the power of the legislative and executive branches of government, and it helps to ensure that the Constitution is upheld.

Question 50

Original jurisdiction

Answer 50

Original jurisdiction refers to a court’s authority to hear a case for the first time. The federal district courts have original jurisdiction over most cases that arise under federal law or the Constitution, and the Supreme Court has original jurisdiction over certain types of cases, such as disputes between states. However, most cases that come before the Supreme Court are heard on appeal from lower courts.

Question 51

Precedent

Answer 51

Precedent is a legal decision or principle established by a court that is relied on by other courts when deciding similar cases. Precedent promotes consistency and predictability in the legal system, but courts are not always bound by it and may depart from it in certain circumstances.

Question 52

Standing

Answer 52

Standing is the legal right of a person or organization to bring a lawsuit or seek relief from a court. To have standing, a party must have suffered an injury or harm that is recognized by the law and that is directly related to the conduct being challenged. The party must also have a stake in the outcome of the case and must be seeking a remedy that the court is able to grant. Without standing, a court will not hear a case.

Question 53

Jurisdiction

Answer 53

Jurisdiction refers to a court’s authority to hear and decide a case. Courts can have jurisdiction over certain types of cases based on the location of the parties involved or the subject matter of the case. If a court does not have jurisdiction over a case, it cannot hear the case and must dismiss it.

Question 54

Appeals courts

Answer 54

An appeals court is a higher court that reviews decisions made by lower courts. They review the legal arguments made by the parties to determine whether the lower court made any errors of law or fact. If an appeals court finds that a lower court made an error, it may reverse or modify the lower court’s decision.

Question 55

Writ of certiorari

Answer 55

A writ of certiorari is a legal order issued by a higher court, usually the Supreme Court, to a lower court, requesting that the lower court send up the record of a case for review. The Supreme Court is not required to grant a writ of certiorari, and only a small percentage of cases are accepted for review.

Question 56

Mootness

Answer 56

Mootness is a legal term that refers to a situation where a case is no longer relevant or meaningful because the issue in question has already been resolved or has become irrelevant. The court may dismiss the case if it is found to be moot.

Question 57

Amicus curiae / Amicus Brief

Answer 57

briefs written by individuals or groups who are not directly involved in a legal case, but have expertise or insight to offer a court to assist in making its decision.

Question 58

Oral arguments

Answer 58

each case is argued for one hour, 30 min each side

give and take btwn lawyers and justices

Question 59

Majority opinion

Answer 59

A decision of the Supreme Court that represents the agreed-on compromise judgement of all the justices in the majority

Question 60

Concurring opinion

Answer 60

Written by justices who voted with the majority, but want to explain their ruling on the case

Question 61

Dissenting opinion

Answer 61

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

Question 62

Strict construction

Answer 62

way of interpreting the Constitution that allows the federal government to take only those actions the Constitution specifically says it can take

Question 63

Original intent

Answer 63

Making judicial decisions by considering the intentions of the Founders when the language of the Constitution is unclear.

Question 64

Living Constitution

Answer 64

A method of interpreting the Constitution that emphasizes the principles it embodies and their application to changing circumstances and needs.

Question 65

Judicial restraint

Answer 65

Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.

Question 66

Judicial activism

Answer 66

A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process.

Question 67

Constitutional provisions for the Supreme Court

Answer 67

The US Constitution establishes the Supreme Court and grants it certain powers and responsibilities, including the power to interpret the law and the Constitution, hear cases involving disputes between states or between the federal government and the states, and hear cases involving issues of federal law or the Constitution. The Constitution also establishes the number of Supreme Court justices (currently nine) and outlines the process for appointing them. Finally, the Constitution grants Congress the power to regulate the jurisdiction of the Supreme Court and to create lower federal courts.

Question 68

Appointment Process

Answer 68

President appoints/nominates all federal judges

The Senate confirms/rejects all appointments

All federal judges have a lifetime appointment.

Question 69

Independent Judiciary

Answer 69

a system of judges and courts that is separate from other branches of government

Question 70

Checks on the Supreme Court

Answer 70

Congress can propose a constitutional amendment (2/3 vote), write a new law fixing the problem, President can choose not to enforce

Question 71

The Legitimacy of the Supreme Court

Answer 71

The public trust in, and willingness to accept the rulings of, the Supreme Court.