American Presidency - Midterm Notes

What is a liberal democracy?

A political system with free and fair elections, individual rights, and limits on government power.

What was Herencov’s “elite democracy” in the U.S.?

Early U.S. democracy (1774) where only elites—white men—could vote.

When did the U.S. become a liberal democracy and why?

1965, after the Voting Rights Act allowed racial minorities to vote

What is the rule of law?

Principle that laws apply to everyone, including leaders, and laws should be known and enforced.

What were the main weaknesses of the Articles of Confederation?

States were sovereign; federal government had little power; no quick decision-making; trade wars between states

What key powers are granted to Congress in Article I, sections 8 & 9?

Section 8: enumerated powers including taxation, defense, and declaring war.
Section 9: limits on Congress, e.g., no ex post facto laws, suspension of habeas corpus only in emergencies.

What powers does Article II give the President?

Section 1: executive power, oath of office.
Section 2: Commander-in-Chief of the military; appoints officials; carries out treaties.

What contradiction existed in the Declaration of Independence?

Advocated freedom from tyranny while the U.S. still allowed slavery.

What was the 3/5 Clause?

Each enslaved person counted as 3/5 of a person for congressional representation, but slaves had no voting rights.

What is the difference between statute and common law?

Statute: laws passed by legislation.
Common law: judge-made law based on precedents.

What is strict construction?

Following the Constitution literally and only acting on powers explicitly stated.

Define absolute prerogative.

Absolute power to act without legal constraints (like a monarch).

Define Lockean prerogative.

President can act against law in emergencies if it benefits the people.

What are norms in liberal democracy?

Mutual tolerance and forbearance; unwritten rules that support limits on power.

What is the National Emergencies Act (1976)?

Framework for presidents to declare national emergencies.

What is the International Emergency Economic Powers Act (IEEPA)?

Allows president to impose sanctions, tariffs, or seize foreign assets during national emergencies.

What is the War Powers Resolution (1973)?

Requires the president to notify Congress within 48 hours of using military force; limits action to 60–90 days without Congress approval.

What is the Insurrection Act?

Authorizes the president to deploy the military domestically to enforce law.

What is martial law?

Military takeover of civilian government. Example: Hawaii after Pearl Harbor.

What is the Sole Organ Doctrine?

President has plenary power over foreign affairs; recognized in John Marshall’s speech (1800) and Curtiss-Wright (1936).

Give examples of presidential overreach and deception.

Polk (Mexican War, false “attacks”), Johnson (Vietnam, false second attack), Bush (Iraq, WMD claims).

What is an executive order?

Direct order from the president to the executive branch; must obey Constitution; can be stopped by Congress or courts.

Fed #70 (Hamilton) key point?

Supports a unitary executive for accountability and ability to act quickly in emergencies.

Fed #23 key point?

Federal government needs unlimited powers for national defense.

Fed #4 key point (John Jay)?

Warns against giving one person unchecked war power; monarchs may wage war for personal reasons.

What is the Madisonian system?

Separation of powers to prevent accumulation of power; branches act as checks on each other.

What are some critiques of the Madisonian system?

Partisanship may undermine branch loyalty; slow response to emergencies.

What happens when norms erode?

Liberal democracy is threatened; president may act beyond limits; populism/fascism can rise.

Define populism and fascism.

Populism: appeals directly to the people against elites.
Fascism: authoritarian, nationalist, often uses violence; suppresses rights.

Example of concerns about fascism in U.S.?

Trump in 2026 (analysis in course modules).

Who were the White Rose?

German college students resisting Nazi Germany by distributing leaflets exposing atrocities.

What was Executive Order 9066?

Roosevelt’s order authorizing Japanese-American internment camps during WWII.

Who was Ben Kuroki?

Japanese-American WWII bomber who served in U.S. military and visited internment camps to inspire others.

Korematsu v. U.S. (1944) ruling?

Supreme Court upheld Japanese-American internment during wartime; later evidence showed racial discrimination and convictions were overturned.

Hirabayashi v. U.S. (1943) key point?

Curfews against Japanese-Americans considered constitutional at the time; later overturned as racially discriminatory.

Quirin Case (1942)?

German saboteurs in U.S.; considered unlawful enemy combatants; allowed military tribunal without jury.

Iran Hostage Crisis (1979)?

Revolutionaries overthrew Shah; U.S. embassy staff held hostage.

1954 Iran coup?

U.S. helped overthrow democratically elected socialist president; replaced with dictator Shah.

What was the criticism of the Constitution in Federalist #47?

Critics said it violated strict separation of powers; branches weren’t fully separate.

How did Madison respond to critics in Fed #47?

Absolute separation is impractical; some overlap is necessary to prevent tyranny.

What is the purpose of separation of powers according to Montesquieu/Madison?

To prevent abuse of power and protect liberty by ensuring no branch dominates.

What are “parchment barriers”?

Written limits on power; insufficient alone to prevent encroachment.

Why is overlap between branches necessary according to Fed #48?

To prevent one branch from encroaching on another; checks and balances rely on interaction, not just writing.

In Fed #51, how should concentration of power be avoided?

1) Each branch has its own will, 2) Provide means & motives to resist encroachment, 3) “Ambition must be made to counteract ambition.”

Which norms are crucial for democracy according to Levitsky & Ziblatt?

Mutual toleration and forbearance.

What is the “parchment barrier” problem in context of the president?

Constitution gives limited explicit powers; actual limits depend on practice, precedent, and norms.

How did Washington set presidential norms?

2-term precedent, consulted cabinet (Neutrality Proclamation), followed statutes (Whiskey Rebellion).

What was Hamilton’s argument in Pacificus?

Executive has power to interpret treaties and declare neutrality; “executive power” includes these duties.

How did Jefferson respond?

Concerned about prerogative / concentration of power; risk of tyranny.

Ex parte Milligan (1866) — key principle?

Civilian courts open → military tribunals unconstitutional. Rule of law applies in war & peace.

Ex parte Quirin (1942) — key principle?

Unlawful combatants may face military tribunals; status matters, but emergency powers are limited.

Hirabayashi v. U.S. (1943) — curfew ruling?

Upheld curfew; Court deferred to Exec + Congress, but dissent noted lack of evidence & rights violations.

Korematsu v. U.S. (1944) — ruling & significance?

Upheld Japanese internment (majority); dissent argued mass internment violated constitutional democracy; later vacated (1984).

What does Milligan vs. Quirin teach?

Distinction between lawful/unlawful combatants; emergency powers are not unlimited.

What did Murphy dissent in Korematsu emphasize?

Mass internment incompatible with constitutional democracy; real threat unproven; timing matters.

Lincoln & habeas corpus — how justified?

Suspension justified by necessity; sought Congress’ retroactive approval.

FDR’s WWII actions — destroyer deal & EO 9066?

Asserted emergency powers; Congress later legitimized. Shows tension of power vs. limits.

Quirin & Milligan — executive authority?

Quirin: unilateral tribunal for unlawful combatants ok.
Milligan: civilian rights protected → limits on unilateral action.