Executive Branch Gov Test

Enumerated powers of the vice presidency

Breaks ties in the Senate and is the president of the Senate

In Fed 70, Hamilton said that _____ is the leading characteristic in the definition of a good government

A strong energetic executive

Group created by law that includes president, vice president, and diplomatic and chief people that help make military decisions

National security council

Whoever holds this position has the most control over access to the president

Chief of staff

What was the name for the rule for whoever is in the room when a decision is made will have the most influence?

Rule of propinquity (idea that cabinet is not power decision making body but people that work with the president)

Who broke the record for most tie breakers?

Kamala Harris

Imperial Presidency

A danger to the American constitutional system by allowing presidents to create and abuse presidential prerogatives during national emergencies (presidents having absolute power)

What did the 12th Amendment accomplish?

Separates the ballot of the Vice President and the President

When a president claims the authority not to spend money appropriated by Congress, what power is he asserting?

Impoundment (outlawed after Nixon)

Three presidents who have been impeached

Johnson, Trump, and Clinton

Formal Requirements of the presidency

• At least 35 years old

• Natural born US citizen

• At 14 years of consecutive residency prior to taking office

Term of Office

• 4 years

• Presidents can serve a maximum of 2 terms (precedent set by George Washington)

• Originally no formal limit on number of terms

Constitutional powers of the president

• Commander in chief (power over military operations but needs Congress to authorize it)

• Get advice from heads of executive departments

• Grant pardons

• Make treaties

• Appoint ambassadors, judges, and public ministers

• State of the Union (use it to speak to the people)

• “Take Care” Clause - responsibility to execute the law

Sources of executive power

• Inherent powers

• Emergency/crisis powers

• Executive privilege

• Executive orders

• Signing statements

Factors that influence how much power a president wields

• Crisis/war/national emergency

• Popularity

• Public persuasiveness

• Divided v. unified government

Bully pulpit

Theodore Roosevelt’s notion of presidency as a platform from which the president can push an agenda

War Powers Act

• The President should consult Congress to use war time powers within 48 hours

• After 60 days, war powers are terminated (unless Congress extends it or declares war)

War Powers

Presidents allowed to break and create presidential prerogatives

Budget Reform Act

• Outlaws impoundment

• Created by standing Budget Committees and Congressional Budget Office

• Sets budget timeline and framework (rarely kept to by the President and Congress in modern times)

US v. Nixon (1974)

• Nixon asserts executive privilege is absolute

• Supreme court rules against Nixon 8-0

• Establishes no one is above the law, not even the president

• Nixon resigns a few days later

Vice presidency at the Consitutional convention

• Vice presidency was an after thought

• Debate over powers and selection of the President

• Vice president created to fill office if president dies

25th Amendment

• Discusses presidential succession

• If the president is incapacitated/dead/resigns vice president becomes the president

• Third in line is Speaker of the House

How was the vice president originally selected?

Runner up in the presidential election

How is vice president selected now?

Presidential nominees select their running mate to be vice president (come as a package deal)

New responsibilities for vice president gained in the 20th century

• Policy advisors

• Special responsibilities (foreign policy, working with congressional leaders, pet projects)

• National Security Council

Which organizations assist the president?

Cabinet, Executive Office of the President, and the White House Office

The cabinet

• Heads 15 executive agencies and other key appointees

• More administers of their agencies than advisors to the president

Cabinet selection process

• Candidate wish list considered

• Candidates fill out paper work

• Background checks

• Senate committee confirmation hearing and vote

White House Office (WHO)

• Individuals who most directly advise and assist the president

• “The West Wing”

• Rule of propinquity

Key roles of WHO

• Chief of staff

• Press secretary/communications director

• White House counsel

• Senior advisor, policy advisors

Circular structure

Many advisors have direct access to president

Ad Hoc Structure

Variety of small groups have access to the President

Executive Office of the President

• Group of agencies and organizations

• Assist the president on a day to day basis and coordinate the efforts of the Executive Departments

Key agencies of the EOP

• National Security Council

• Office of Management and Budget

• Council of Economic Advisors

• Office of the United States Trade Representative

• Office of Policy Development

National Security Council

• Created to help coordinate defense and diplomacy policy among many agencies

• Merged with Homeland Security Council

Office of Management and Budget

• Helps president prepare his version of the annual budget

• Evaluates effectiveness and efficiency of policies and programs

• Consistency of president’s budget message and objectives

Council of Economic Advisors

• Consists of three distinguished economic analysts

• President appoints, Senate approves

• Economic forecasters

22nd Amendment

Sets limit for how many terms a president can serve (term limit is 10 years)

Chief of Staff

Person with closest access to the president

Treaties

Made by president with 2/3 approval from senate

Executive agreements

Allows the president to form agreements with foreign nations without senate approval

President’s legislative powers

• Propose bills

• Veto laws

• Signing statements

Which article establishes the Executive branch?

Article 2

Who confirms presidential appointments?

The senate

Lame duck

After a new president is elected, the previous president has no powers for two months but keeps the title of president

Executive privilege

The power to withhold information from the public and Congress

First one hundred days of president’s term

Honeymoon period

How are presidents removed from office

Impeachment in the house and conviction at a trial held in the Senate

Number of electoral votes per candidate to become president

270

Executive reprieve

Presidential power to delay a sentence or enable a temporary relief for people committing offenses (temporary unlike pardons)

Executive commutation

Power to reduce sentence length

President uses his ____ role when talking to the people

Chief citizen

The president is the ____ of his political party

chief of party

Amensty

A blanket pardon to a group of law violators

Clemency v pardons

Clemency is used for whole classes/communities while pardon is for singular person