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Article II, Section 2
Describes the powers of the President, including the power to appoint officials and make treaties ( section in constitution)
Federalist 70
Hamilton argues that an energetic single executive will protect against foreign attacks, provide for the administration of laws, and protect liberty and property.
Formal/Enumerated Powers
Powers expressly granted in the Constitution.
Informal Powers
Powers not laid out in the Constitution but used to carry out presidential duties.
Divided government
A situation that occurs when control of the presidency and one or both chambers of congress is split between the two major parties
Unified government
A situation in which one party controls the presidency and both houses of Congress.
Gridlock
A slowdown or halt in congress ability to legislate and overcome division, especially those based on partisanship
State of the Union Address
The annual speech from the president to Congress updating that branch on the state of national affairs.
Treaty
An agreement with a foreign government negotiated by the president and requiring a two-thirds vote in the Senate to ratify.
Veto
Formal rejection by the president of a bill that has passed both houses of Congress.
Pocket veto
An informal veto caused when the president chooses not to sign a bill within ten days, during a time when Congress has adjourned at the end of a session.
Veto Message
A formal statement issued by the President to explain the reasons for vetoing legislation.
Reprieves
The presidential power to postpone the execution of a sentence imposed by a court of law; usually done for humanitarian reasons or to await new evidence.
Pardons
The granting of a release from the punishment or legal consequences of a crime; a pardon can be granted by the president before or after a conviction.
Executive privilege
The right of the executive officials to refuse to appear before, or to withhold information from, a legislative committee. Executive privilege is enjoyed by the president and by those executive officials accorded that right by the president.
Executive agreement
An international agreement made by the president, without senatorial ratification, with the head of a foreign state.
Signing statement
A written declaration made by the President when signing a bill into law, often outlining his interpretation of the law.
Executive order
A rule or regulation issued by the president that has the effect of law. It can implement and give administrative effect to provisions in the Constitution, to treaties, and to statutes.
Authorized Use of Military Force
A law passed by Congress to give the President authority to use military force against those responsible for recent attacks launched against the USA (9/11)
Gulf of Tonkin Resolution (1964)
Authorized President Johnson to take any measures he believed were necessary to retaliate and to promote the maintenance of international peace and security in southeast Asia.
War Powers Resolution (1973)
federal law passed in 1973 aimed at checking the U.S. president's power to commit the country to armed conflict without congressional consent. This law requires the president to consult with Congress before sending U.S. forces into combat and mandates that military action must cease within 60 days unless Congress has declared war or granted an extension.
Impeachment
As authorized by Articles I and II of the Constitution, an action by the House of Representatives and the Senate to remove the president, vice president, or civil officers of the United States from office for committing "Treason, Bribery, or other high Crimes and Misdemeanors."
Impoundment
The presidential practice of withholding or delaying the expenditure of funds that have been appropriated by Congress.
Line-item veto
The power of an executive to veto individual lines or items within a piece of legislation without vetoing the entire bill.
Executive Office of the President
Established by President Franklin D. Roosevelt by executive order under the Reorganization Act of 1939, it currently consists of eleven staff agencies that assist the president in carrying out major duties. A collection of offices within the White House organization designed mainly to provide info to the president.
ex: contains the president's closest advisors.
Bargaining and persuasion
an informal tool used by the president to persuade members of Congress to support his or her policy initiatives.
Bully pulpit
Presidential appeals to the public to pressure other branches of government to support his or her policies.
Going public
a tactic through which presidents reach out directly to the American people with the hope that the people will, in turn, put pressure upon representatives and senators to press for a president's policy goals.
The Dream Act
a legislative proposal aimed at granting undocumented immigrants who arrived in the U.S. as children a pathway to legal status.
Electoral College
A constitutionally required process for selecting the president through slates of electoral chosen in each state, who are pledged to vote for a nominee in the presidential election
Imperial president
significant expansion of presidential power, particularly in the realms of foreign policy and national security, which often occurs without sufficient checks from Congress or the judiciary. Highlights evolving role of presidency, especially in times of war.
Pitiful, helpless giant
refers to the president having little power compared to congress and often has his plans ruined by congress
12th Amendment
Providing for election of the president and vice president by the electoral college: should there be no majority vote for one person, the House of Representatives (one vote per state) chooses the president and the Senate the vice president
20th Amendment
The terms of the President and Vice President shall end at noon on the 20th day of January and the terms of Senators and Representatives at noon on the 3d day of January.The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January.If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President.
22nd Amendment
Constitution limits the president to two terms in office, or a maximum of ten years if they ascended to the presidency via succession.
23rd Amendment
Gave DC electors in election, "the District constituting the seat of government" shall appoint a number of electors "in no event more than the least populous State."
25th Amendment
the amendment that permits the vice president to become acting president if both the vice president and the president's cabinet determine that the president is disabled. The amendment also outlines how a recuperated president can reclaim the job.
US v. Nixon
Limited executive privilege. Nixon had to turn over personal tapes relating to Watergate case. The president's confidentiality was subordinate to due process of law and the administration of criminal justice.
Train v. City of NY
The Court held that the president cannot refuse to spend funds appropriated by Congress, reinforcing Congressional control over federal spendin
Clinton v. Jones
The Court ruled that a sitting president is not immune from civil lawsuits for actions taken before office, emphasizing that the president is subject to the rule of law.
Clinton v. City of NY
The Supreme Court struck down the Line Item Veto Act, declaring it unconstitutional and reaffirming the separation of powers.
Hamdi v. Rumsfeld
The Court ruled that U.S. citizens labeled as "enemy combatants" have the right to challenge their detention through due process.
Rasul v. Bush
The Supreme Court ruled that Guantanamo Bay detainees (NON CITIZENS) have the right to challenge their detention in U.S. courts, EXTENDING habeas corpus protections.
Hamdan v. Rumsfeld
The Court invalidated military commissions established by President Bush for trying Guantanamo detainees, citing a lack of Congressional authorization.
Boumediene v. Bush
The Military Commissions Act (barred enemy combatants from challenging their detentions) was unconstitutional and stripped 5th amendment rights
US v. Texas
The Court deadlocked 4-4 on the legality of President Obama’s DACA expansion, leaving a lower court’s decision blocking the program in place.
Trump v US
The Court ruled against former President Trump, upholding legal accountability for classified document handling, reaffirming the principle that no one is above the law.