Presidential Powers, Roles, and Constitutional Amendments Study Guide

Executive agreements

An agreement between a president and another nation that does not have the same durability in the American system as a treaty, but does not require Senate ratification.

Executive privilege

Right claimed by presidents to keep certain conversations, records, and transcripts confidential from outside scrutiny, especially that of Congress.

Federalist No. 70

Established a single executive branch, arguing that having more than one executive diminishes the ability to protect the nation and weakens the ability to take strong, decisive action.

Formal presidential powers

Those given to the president explicitly (enumerated).

Informal presidential powers

Those necessary to carry out expressed powers.

The State of the Union address

The annual speech from the president to Congress updating that branch on the state of national affairs and laying out legislative agenda to mobilize public support.

Treaties

An agreement with a foreign government negotiated by the president and requiring a two-thirds vote in the Senate to ratify.

The War Powers Resolution

An attempt by Congress to limit the power of the president as commander in chief and assert control over national security, requiring notification of military action within 48 hours, and imposing a 60-day limit on military engagement without congressional authorization.

The 12th Amendment

President and Vice President elected together.

The 22nd Amendment

Presidential Term, 4 years; 2-term limit. No person shall be elected to the office of the President more than twice.

The 25th Amendment

VP first in line in order of presidential succession.

Chief diplomat

Guides US foreign policy and has an advantage on the international stage because he's one person.

Chief executive

Head of the executive branch - carries out the laws of the nation and oversees a vast bureaucracy (cabinet).

Executive orders

Instruct the bureaucracy and can increase/decrease agency budget.

Commander in chief

Top of the entire military chain of command, but a civilian, allowing the President to respond to a threat more quickly than Congress.

Chief legislator

Role as policymaker has expanded over time, includes veto, state of the union address, and pocket veto.

Head of state

The president is the formal head of the nation and has more authority to act on foreign affairs than domestic ones.

Impeachment

The process of removing a president from office with articles of impeachment issued by a majority vote in the House of Representatives, followed by a trial in the Senate, with a two-thirds vote necessary to convict and remove.

Divided government

Describes a situation in which one party controls the White House (executive branch), while another party controls one or both houses of the United States Congress (legislative branch).

Roles of the President

Commander-in-Chief, Chief Diplomat, Chief Executive, Chief Legislator, Head of State.

Formal Qualifications to be President

Citizen (natural born); 35 years old; live in US 14 years prior to running.

Executive agreements vs treaties

Executive agreements are agreements between the President and another nation, but do not have the same durability as a treaty, because it is between two heads of state, not two countries/nations like a treaty is.

Impeachment process

Involves articles of impeachment charge the officeholder by the House of Representatives, followed by a trial and conviction in the Senate to remove the president.

Impeachment of a president

A two-stage process where the House of Representatives impeaches the president by charging them with a crime using the Articles of Impeachment, followed by a Senate trial and a ⅔ vote on conviction and removal.

Alexander Hamilton's argument for a strong executive

Hamilton argued that a single executive was necessary for stable leadership, as multiple executives would diminish quick decision-making and weaken the nation.

President's role as chief diplomat

The president guides US foreign policy and acts as the head of the nation, utilizing tools such as making treaties (with Senate approval), signing executive agreements, appointing ambassadors (with Senate confirmation), and meeting with world leaders.

War Powers Resolution

A law aimed at limiting the president's power as commander in chief by requiring notification of military action within 48 hours and imposing a 60-day limit on military engagement without congressional authorization.

Constitutional qualifications to be president

To be a natural-born citizen, at least 35 years old, and have lived in the US for at least 14 years before running for office.

25th Amendment

Clarifies presidential succession and addresses presidential disability with provisions for the Vice President to become President, nominate a new Vice President, transfer power temporarily, and declare the President unable to serve.

Significance of the 12th Amendment

Established that the President and Vice President are elected together, allowing presidential nominees to pick a running mate, replacing the prior system where the runner-up became Vice President.

Historical example of executive privilege

During the Watergate scandal, President Nixon claimed absolute executive privilege to protect tape recordings of White House conversations from being handed over to a special prosecutor.