U.S. Presidency: Article II, Powers, and Amendments

Youngstown v Sawyer (1952)

Limited presidential power; cannot seize private property without Congress

Article II

Outlines the executive branch; sets presidential qualifications (35 years old, natural-born citizen, 14-year resident), powers, and election process

U.S. v Curtiss-Wright (1936)

Expanded presidential foreign policy power

Qualifications

35 years old, natural-born citizen, 14 years residency

Take Care Clause

President must ensure laws are faithfully executed

Electoral College

System where electors formally choose the president

12th Amendment

Requires separate electoral votes for president and vice president

20th Amendment

Moves inauguration to January 20; sets succession timing

22nd Amendment

Limits president to two terms

25th Amendment

Establishes presidential succession and disability procedures

Impeachment

House brings charges; Senate holds trial and can remove with 2/3 vote

Separation of Powers

Division of government into three branches

Checks and Balances

Each branch can limit the powers of the others

Federalist #70

Hamilton argues for a strong, energetic executive

Formal Powers

Powers explicitly stated in the Constitution (veto, treaties, commander-in-chief)

Informal Powers

Powers not written but used (executive orders, agreements, persuasion)

President v Prime Minister

President is separately elected; PM is chosen by legislature

President as outsider

President is not a member of Congress

Divided Government

Different parties control different branches

Gridlock

Difficulty passing laws due to disagreement

Unified Government

Same party controls executive and legislative branches

Emergency Powers

Expanded presidential powers during crises

Head of State

Ceremonial leader of the nation

Chief Executive

Enforces laws

Appointments

Power to appoint officials (with Senate confirmation)

Pardons

Forgive federal crimes

Commander-in-Chief

Controls military

Tonkin Gulf Resolution

Gave LBJ broad military powers in Vietnam

War Powers Resolution

Limits president; must notify Congress within 48 hours and withdraw after 60 days

Chief Diplomat

Manages foreign relations

Treaties

Formal agreements requiring Senate approval

Executive Agreements

Agreements not requiring Senate approval

Chief Legislator

Influences lawmaking

State of the Union Address

Annual speech outlining policy goals

Veto

Rejects legislation

Veto Message

Explains reasons for veto

Pocket Veto

Kill bill by taking no action when Congress adjourns

Line Item Veto

Reject parts of bill (ruled unconstitutional)

Clinton v City of New York

Struck down line-item veto

Signing Statements

President's interpretation of laws

Executive Orders

Directives with force of law

Executive Privilege

Withhold information from other branches

U.S. v Nixon

Limited executive privilege; president must comply with courts

Chief of Party

Leader of political party

Presidential Communication

Ways president communicates (media, speeches, social media)

Bully Pulpit

Platform to influence public opinion

Succession

Order of who becomes president

Cabinet

Advisors heading executive departments

Executive Office of the President

Agencies supporting the president

White House Office

Closest advisors

Pyramid Structure

Hierarchical advisory system

Circular Structure

Collaborative advisory system

Ad Hoc Structure

Flexible, informal advisory system

House of Representatives

Lower chamber; 435 members, based on population

Senate

Upper chamber; 100 members, 2 per state

Bicameral

Two-house legislature

Constituencies

Groups represented by elected officials

Enumerated Powers

Powers explicitly listed in Constitution

Raising Revenue

Power of House to initiate tax bills

16th Amendment

Allows federal income tax

Implied Powers

Powers inferred from Necessary and Proper Clause

Commerce Clause

Regulates interstate commerce

Necessary and Proper Clause

Allows Congress to expand powers

Filibuster

Extended debate to block legislation

Cloture

Ends filibuster with 60 votes

Double Tracking

Senate practice allowing multiple bills at once

Incumbency

Holding office; advantage in reelection

Franking Privilege

Free mail for members of Congress

Apportionment

Distribution of House seats

Malapportionment

Unequal representation

Baker v Carr (1962)

Allowed courts to hear redistricting cases

Wesberry v Sanders (1964)

Established equal population districts

One person one vote

Equal representation principle

Majority-Minority Districts

Districts where minorities are majority

Descriptive Representation

Representatives reflect demographics

Substantive Representation

Representatives act in interests of people

Gerrymandering

Drawing districts for advantage

Packing

Concentrating voters in one district

Cracking

Splitting voters across districts

Voting Rights Act 1965

Protects minority voting rights

Voting Rights Act 1982

Strengthens protections

Shaw v Reno (1993)

Limited racial gerrymandering

Allen v Milligan (2023)

Reinforced Voting Rights Act protections

17th Amendment

Direct election of senators

Term Limits

Limits on time in office

U.S. Term Limits v Thornton

States cannot impose term limits on Congress

Marginal Districts

Competitive districts

Safe Districts

Predictable districts

Conservative Coalition

Republicans + southern Democrats

Trustee Model

Representatives use own judgment

Delegate Model

Follow voters' wishes

Politico Model

Combination of trustee and delegate

Speaker of the House

Leader of House

President of the Senate

Vice President

President Pro Tempore

Leader in Senate majority

Majority Leader

Main party leader

Minority Leader

Leader of minority party

Whips

Count votes and enforce party discipline

Standing Committees

Permanent committees

Joint Committees

Members from both houses