Presidency Test Review Flashcards

Vocabulary flashcards covering presidential powers, constitutional amendments, succession rules, foreign policy powers, impeachment, and legislative checks based on the Presidency Test Review.

Vice President's Constitutional Duties

Serves as president of the Senate with the power to cast tie-breaking votes, stands first in the presidential line of succession, and can serve as Acting President under the 25th Amendment.

President Pro Tempore

A Senate officer, traditionally a senior member of the majority party, who presides over the Senate when the vice president is absent and sits below the vice president in the order of succession.

Pardon

An executive act under Article II that forgives a federal offense, which can be full or conditional, but cannot prevent impeachment or erase a state criminal offense.

22nd Amendment

An amendment ratified in 1951 that limits an individual to being elected president twice (or once if serving more than two years of another's term), creating a maximum limit of about 10 years in office.

25th Amendment

An amendment ratified in 1967 addressing presidential succession, procedures for filling vice-presidential vacancies, and handling presidential inability.

25th Amendment, Section 1

The constitutional provision stating that the vice president becomes president if the president dies, resigns, or is removed from office.

25th Amendment, Section 2

The process where the president nominates a new vice president upon a vacancy, who takes office after confirmation by a majority vote in both the House and Senate.

25th Amendment, Section 3

The procedure allowing the president to voluntarily declare inability to perform duties, making the vice president Acting President until the president declares readiness to resume duties.

25th Amendment, Section 4

The procedure where the vice president and a majority of executive department principal officers declare the president unable to serve, transferring power to the VP as Acting President and allowing Congress to resolve disputes.

Electoral College

The constitutional mechanism where voters select electors who formally vote for president and vice president; each state receives electors based on congressional representation, and Washington, D.C. receives three.

Electoral Count Reform Act of 2022

Legislation enacted following the 2020 election and the January 6, 2021 Capitol attack to clarify electoral vote counting and establish that the vice president's role in counting is purely ministerial.

Impeachment

The constitutional process where the House of Representatives formally charges a federal official with serious misconduct by a simple majority vote.

Impeachment Trial (Senate)

The process conducted by the Senate after impeachment, requiring a two-thirds vote of present senators to convict, remove the official from office, and potentially disqualify them from future federal office.

Chief Justice of the United States (Impeachment Role)

The official who presides over the Senate impeachment trial specifically when the president is being tried, preventing a vice-presidential conflict of interest.

War Powers Resolution of 1973

A statute enacted to restrict presidential authority to introduce and maintain U.S. armed forces in hostilities without congressional authorization through mandatory consultation, reporting, and time limits.

War Powers Resolution 48-Hour Reporting Requirement

The requirement for the president to report to Congress within 48 hours of introducing forces into hostilities, equipped for combat, or enlarged in foreign territory, detailing circumstances, legal authority, and scope.

War Powers Resolution Time Limit

A statutory limit requiring the president to end the use of forces or receive congressional authorization within 60 days, with an optional 30-day extension for safe withdrawal (maximum 90 days total).

Joint Resolution (War Powers)

A congressional mechanism used within the War Powers framework to formally terminate the presidential use of military forces.

Executive Agreement

An international agreement conducted between the president and a foreign government without requiring the Senate's Article II treaty-ratification process.

Case-Zablocki Act of 1972

A statute requiring the president to report all non-treaty international agreements (executive agreements) to Congress.

United States v. Belmont (1937)

A Supreme Court ruling involving an executive agreement with the Soviet Union, establishing that federal authority in foreign affairs prevails over conflicting state law.

United States v. Curtiss-Wright Export Corp. (1936)

A Supreme Court decision utilizing broad language to describe federal and presidential authority in external and foreign affairs.

Fisher's Critique of Curtiss-Wright

The argument by scholar Fisher asserting that broad inherent presidential power over foreign policy is incorrect and that executive power must derive from explicit constitutional text or delegated congressional authority.

Implied Powers

Powers not explicitly written in the Constitution but understood to derive from powers that are expressly granted.

Constitutional Silence

The absence of specific text in the Constitution regarding an action, which is interpreted either as permitting executive action or as prohibiting the government from assuming ungranted powers.

Article I, Section 7

The constitutional section defining the legislative procedures for passing bills, including presidential veto power and congressional override procedures.

Veto Override

The mechanism by which Congress passes a bill into law despite a presidential veto, requiring a two-thirds vote of members voting in both the House and Senate.

Constitutional Powers of Pres

commander in chief of army/navy. Fill administrative vacancies during congressional recesses

• take care laws are faithfully executed

• receive ambassadors of other nations