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8 Cards in this Set

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1. What are the roles of the President? What is the constitutional basis for the presidency? What are the qualifications for president?
-Chief of State to inspire people; Chief Executive to be boss of Executive Branch; Chief Diplomat for Foreign Affairs; Commander in Chief for Armed Forces; Chief Legislator to influence congress in making law; Chief of Party in choosing cabinet; Chief Guardian of Economy for economic issues.
-Article 2, Section 1: Selected based on popular representation.
-35 years, live in U.S. for 14 years, natural born U.S. citizen.
2. How is the President elected? What is the electoral college? How does it work? How do the parties select their nominee for the Presidency?
-Not directly elected, but by electoral college.
-538 members, 270 required to elect President.
-Relies on "winner takes all system."
-Number of electors is based on number of House of Representatives and Senators a state has. D.C. gets 3 electors.
-Presidential Primary: convention delegates cast vote.
3. How does a president get removed from office? What is the role of the House? Of the Senate? Of the Supreme Court? How often has this happened? What were the circumstances?
-Differs from Impeachment, which needs House votes by 51%, then goes to Senate which convicts by 2/3rd. Impeachment and Conviction is in Article I, Section 2 & 3.
-Article 2, section 4 allows removal for treason, bribery, high crimes, and misdemeanors.
-Presidents Johnson and Clinton were impeached by the House of Representatives, but acquitted by the Senate.
-Johnson did not abide by Tenure of Office Act and Clinton had charges of Sexual Harassment.
-Nixon resigned before impeachment
4. What are the Express Powers of the president? Where do they come from? What are they? What are the Delegated Powers of the president? What are Inherent powers of the president? Where do they come from? What are some examples?
-Expressed Powers Provided in Constitution. Participates in legislative process; power to appoint, remove, and supervise executive officers; power to appoint, remove, and supervise judicial officers; Commander in Chief; act as Head of State.
-Delegated Powers: Granted by Congress, not in Constitution.
-Inherent Powers: Part of Presidential responsibilities, also express in Constitution, but believed to be inferred from "rights, duties, and obligations of Presidency."
-Inherent example: Power to ask congress to declare war.
5. What is an Executive Agreement? What is an Executive Order? What is Executive Privilege?
-Executive Agreement: Between two or more nations. Same status as law, but don't require any vote by House or Senate to go into effect. Politically binding whereas treaties are legally binding. Congressional Executive Agreement: submitted for a simple majority congressional vote. Sole Executive Agreement: Between President and foreign state.
-Executive Order: Domestic orders which don't require the President to have Congressional approval. Most commonly used to implement legislation that Congress has passed. Same status as law.
-Executive Privilege: Power claimed by President to resist interventions from legislative and judicial branches.
6. What are the military powers of the President? What are its limits? What is the War Powers Resolution Act (1973)? How have presidents responded to the Act? What is the USA PATRIOT Act (2001)? How does this expand the president’s power?
-Commander in Chief: Can commit troops abroad, Congress must declare war.
-2/3rds Senate to ratify treaties.
-WPRA: Response to Nixon. President must report to Congress within 48 hours after committing armed forces to combat. Combat must end within 60 days unless Congress authorizes it.
-USA Patriot Act: expanded executive power by giving executive agencies the ability to engage in domestic surveillance activities and by restricting judicial review of such issues.
7. What is the President’s Legislative Power? What are its limits? What is an executive veto? What is a pocket veto? What is a Line Item Veto? Is it constitutional?
-Article 1, section 7; Article 2, section 3. Veto power, legislative initiative, rule making, executive orders and agreements.
-If President fails to sign bill within 10 days, bill still becomes law. Congress must override veto by 2/3rds vote.
-Pocket Veto: If congress adjourns within 10 day period, bill does not become a law.
-Line Item: Unconstitutional, President does not have to veto entire bill.
8. What are the diplomatic powers of the president? What are his limits? Is the president more constrained in international affairs or in domestic affairs? Why?
-Power to create treaties, recognizing other governments as legitimate, and the power of the office is the power to head all military action in diplomatic situations, and executive agreements.
-Presidents are more constrained in domestic affairs.