Unit 4: Article II, Sections 2, 3 and 4 (The Executive Power)

What was the main dilemma faced by the Founding Fathers regarding executive power?

How to create an executive strong enough to govern efficiently but not powerful enough to become tyrannical.

Why did the Articles of Confederation not include an independent executive?

Because Americans feared recreating a king-like figure after independence from Britain.

Why did the Articles of Confederation fail?

Congress could not efficiently carry out executive functions like collecting taxes or ensuring security.

Why is the executive branch described as a “necessary evil”?

Because it was seen as a threat to democracy but essential for effective governance.

Why is Congress placed before the presidency in the Constitution?

Because Congress was intended to be the dominant branch of government.

What paradox defines the modern American presidency?

An office designed to be weak has become the most powerful political institution in the world.

What three factors explain the growth of presidential power?

1. The rise of the US as a global superpower

2. Congress and courts failing to defend their prerogatives

3. Constitutional ambiguity exploited by presidents

What does Richard Pious mean by “the President claims the silences of the Constitution”?

The President expands power where the Constitution is vague or silent.

What is the President’s role as Commander in Chief?

He commands the armed forces but is not supposed to declare war.

Why did the Founding Fathers make the President Commander in Chief?

To ensure civilian control over the military.

Who has the constitutional power to declare war?

Congress.

Why has the President often initiated wars despite the Constitution?

Because modern warfare requires speed, and Congress is too slow to react.

What was the significance of the Civil War for presidential war powers?

Lincoln acted without Congress, setting a precedent for unilateral action.

What did the War Powers Act of 1973 attempt to do?

Limit presidential military action and require notification to Congress.

Why did the War Powers Act arguably strengthen the presidency?

It implicitly accepted that presidents could start military actions without a declaration of war.

What is required for a treaty to be ratified under the Constitution?

Approval by two-thirds of the Senate.

What are executive agreements?

International agreements made by the President without Senate approval.

Which Supreme Court case legitimized executive agreements?

United States v. Belmont (1937).

What percentage of US international agreements were executive agreements by 2009?

About 94%.

What did United States v. Curtiss-Wright (1936) establish?

The President is the “sole organ” of American foreign policy.

What did Zivotofsky v. Kerry (2015) decide?

Only the President can recognize foreign states.

What key officials does the President nominate?

Ambassadors, Supreme Court justices, and federal officers.

Why is the nomination of Supreme Court justices so powerful?

Justices serve for life and interpret the Constitution.

How has the judiciary increased the importance of nomination power?

Courts play a growing role in shaping public policy.

What is the presidential pardon power?

The ability to forgive federal crimes, except in cases of impeachment.

Why is the pardon power controversial?

It resembles a royal prerogative the Founding Fathers wanted to avoid.

What is the Take Care Clause?

The President must ensure that laws are faithfully executed.

What does the State of the Union Address do today?

It presents the President’s legislative agenda to Congress.

Why is the President sometimes called the “Chief Legislator”?

Because he proposes most major legislation, including the federal budget.

What is the Recommendations Clause?

It allows the President to suggest laws to Congress.

How does the presidential veto work?

It blocks legislation unless overridden by a two-thirds majority in both Houses.

Why is the veto such a powerful tool?

Most vetoed bills are never adopted.

What other powers does Section 3 give the President?

Convening Congress and recognizing foreign governments.

What is impeachment?

A constitutional process to remove officials for serious misconduct.

What crimes can justify impeachment?

Treason, bribery, or other high crimes and misdemeanors.

How does the impeachment process work?

• House impeaches (simple majority)

• Senate tries the case (2/3 to convict)

Which presidents have been impeached?

Andrew Johnson, Bill Clinton, and Donald Trump (twice).

Has any US President ever been removed from office?

No.

What are inherent powers?

Presidential powers not explicitly written in the Constitution.

What is the “bully pulpit”?

The President’s ability to shape public opinion through visibility and prestige.

What are unilateral powers?

Actions like executive orders taken without Congress.

What is executive privilege?

The right to withhold information for effective governance.

Which case recognized executive privilege?

United States v. Nixon (1974).

How can Congress check the President?

Through veto overrides, impeachment, and funding control.

How can the President check Congress and the courts?

Through vetoes and judicial nominations.

Does the Constitution mention presidential immunity?

No.

What did Trump v. United States (2024) decide?

The President has criminal immunity for certain official acts.

What three types of presidential acts did the Court define?

• Absolute immunity (constitutional authority)

• Presumptive immunity (official acts)

• No immunity (unofficial acts)

What major constitutional issue remains unresolved?

The distinction between official and unofficial acts.