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What were the three “tough questions” that the Constitutional Convention’s
delegates faced in defining the presidency? Presidency: What did they conclude on each question? presidency?
1: Should the United States even have a president? 2: How long should the president serve? 3: How should the United States choose its president?
Presidency: What did they conclude on each question?
1: They selected a post.single president and established simple qualifications for the post, 2: The convention finally settled on four years, with no limit to the number of terms. In 1945, the Twenty-Second Amendment limited presidents to two terms. 3: They finally settled on a roundabout method, the Electoral College.
Expressed powers
Powers the Constitution explicitly grants to the president.
delegated powers
National government powers listed explicitly in the Constitution.
Unitary executive theory
The idea that the Constitution puts the president in charge of executing the laws and that therefore no other branch may limit presidential discretion over executive matters.
Imperial presidency
A characterization of the American presidency that suggests it is demonstrating imperial traits and that the republic is morphing into an empire.
What does it mean to call the President “the first legislator?” How has that role
changed over time?
The Constitution authorizes presidents to recommend measures for Congress’s “consideration,” report to Congress information on the state of the Union, and veto legislation they oppose. Today, presidential candidates define the legislative agenda.
Presidential “batting average”
how many of their bills get through
Presidential veto power
The constitutional procedure by which a president can prevent enactment of legislation passed by Congress.
Signing statements
Written presidential declarations commenting on the bill that is being signed into law—often including criticism of one or more provisions.
Executive orders
A presidential declaration, with the force of law, that issues instructions to the executive branch without any requirement for congressional action or approval.
Do federal judges reflect America’s population?
No. Or at least not yet.every administration, except Donald Trump’s, has increased the diversity of the federal courts
Judicial review
The Court’s authority to determine whether legislative, executive, and state actions violate the Constitution and overrule those that do.
Judicial restraint
holds that courts should intervene rarely and reluctantly.
Judicial activism
A vigorous or active approach to reviewing the other branches of government.
Amicus curiae
(friend of the court) briefs, a brief submitted by a person or group who is not a direct party to the case.
Rule of four
The requirement that at least four Supreme Court judges must agree to hear a case for it to come before the Court.
Majority opinion
The official statement of the Supreme Court (or district courts, since they also have multiple justices).
concurrent opinion
A statement that agrees with the majority opinion
dissent
A statement on behalf of the justices who voted in the minority.
Who was Robert Bork?
Bork was tough-minded and outspoken in his views (and the last nominee to speak in anything but vague platitudes). After being rejected, conservatives coined a new word to describe the phenomenon: Borking
Stare decisis
Literally, “stand by the things decided ”, Deciding cases on the basis of previous rulings or precedents.
What does your text offer as some ideas for reforming the judicial system?
Policing Reforms, Term Limits, Share Authority with Congress