AP Gov 2.4-2.7

Baker V. Carr (1962) holding and principle

SCOTUS ruled federal courts have jurisdiction to hear constitutional challenges regarding state legislative redistricting. 14th amendment (equal protection clause).

Shaw V. Reno (1993) holding and principle

SCOTUS held redistricting based on race must meet “strict scrutiny”, it cannot be a primary factor. 14th amendment (equal protection clause).

2.4: Roles and Powers of the President

Chief Executive: oversees operation of government agencies, appoints cabinet members, agency heads, sees law is enforced

Commander-in-Chief: heads the military branches

Chief Legislature: initiates possible legislation and works with Congress to achieve administration goals

Party Leader: head of president’s political party

Chief Diplomat: represents country in foreign affairs

Chief of State: ceremonial head of government at public functions

Chief Economic Leader: engineers economic controls to maintain a stable economy

Voice of the People: represents the wishes of the general public

Formal powers (article 2)

General: grants pardons, state of the union

Legislative: sign legislation into law, vetos (2/3) and pocket vetoes (can’t be overridden by 2/3)

Foreign: commander in chief, form treaties with other nations with Senate approval

Informal powers

General: crisis leader/manager

Legislative: bargaining and persuasion to secure congressional action, signing statements that inform Congress and public of pres interpretation of laws passed by congress

• executive orders: power of the law, criticized for avoiding checks and balances, can be easily overturned by next president

Foreign: agreements with other nations that don’t need Senate approval, however can be easily overturned by next president

2.5: Checks on presidency

Senate confirmation

important check on appointment powers but there can be a potential for conflict based on who is chosen by the president for appointments

includes

• cabinet members

• ambassadors

• some positions within the executive office of the president

• supreme court justices, court of appeals judges, and district court judges

presidents longest lasting influence lies in life-tenured judicial appointments

White House staff

picked by president and doesn’t need Senate confirmation

Policy conflicts with congressional agenda

president can use executive orders and directives to the bureaucracy to address the presidents own agenda items

Congress can check the president through the power of impeachment

House - passes articles of impeachment

Senate - conducts trial and can remove the president from office

2.6: Expansion of presidential power

Alex Ham: Fed 70

70 = 70 years old = old asf = presidents are old usually around 70

• argued for unitary executive

• good govt needs active and decisive executive (energy in exec)

• pres too weak → weak govt

• subject to the people

• unitary more effective than dividing power among a group

• want Congress slow and deliberate, exec needs to move quickly

• easier to assign blame and hold accountable, more responsive to the people

War Powers Act (1973): Consultation, Notification, The Clock (CNC)

president must consult with Congress “in every possible instance” before introducing troops into hostilities

president must notify Congress within 48 hours of committing armed forces to military action

combat must end within 60 days (with 30-day withdraw period) unless Congress grants an extension or declare war

2.7: Presidential Communication

Bully pulpit & State of the Union

President uses their position, platform, and visibility to promote an agenda and influence the public. Most known version of this is the State of the Union (Article 2, Section 3, Clause 1) a formal power and nationally televised speech delivered to both houses of Congress.