POLS 306: executive politics mid term

colorado state course POLS 306 executive politics midterm review study guide

Lockean Prerogative Power

Theory that an executive must retain inherent authority to act for the public good during extreme emergencies, even outside or against statutory law.

Separation of Powers (Montesquieu)

Concept that government authority must be divided across distinct branches to prevent tyranny; directly shaped Articles I, II, and III of the U.S. Constitution.

British Crown / King George III (Impact on Framers)

Primary historical negative model that created widespread fear among early Americans of an unchecked, single sovereign operating above the law.

Early State Constitutions (1776–1787) Flaw

Embraced legislative supremacy and stripped governors of real executive authority, leading to legislative instability and arbitrary governance.

Massachusetts Constitution of 1780

Drafted by John Adams, served as a positive model for a strong executive equipped with a qualified veto, fixed salary, and independent selection.

Structural Flaws of the Articles of Confederation

Unicameral legislature without an executive or judicial branch; required 9/13 states for laws and 13/13 for amendments; lacked power to tax directly or enforce treaties.

Virginia Plan vs. New Jersey Plan

Virginia Plan favored large states by allocating representation by population. New Jersey Plan favored small states with equal representation.

Great Compromise (Connecticut Compromise)

Created a bicameral legislature: the House of Representatives (apportioned by population) and the Senate (2 seats per state).

Federalist No. 51 (James Madison)

Argued that the legislature is naturally the most powerful branch. Dividing Congress into two chambers prevents it from acting too quickly or impulsively.

Federalist No. 70 (Alexander Hamilton)

Defended a single, energetic executive over a committee, arguing it provides unity, enforcement, and clear accountability to the public.

Unity vs. Plural Executive Debate

Framers rejected an executive council (plural) in favor of a single executive (unitary) to ensure speed, decisiveness, and direct public accountability.

Separation Safeguards in Article II

Compensation Clause: Salary cannot be changed during a term. Ineligibility Clause: Members of Congress cannot hold executive office simultaneously.

Electoral College Creation

Compromise between direct popular vote and congressional selection; state electors equal total congressional delegation (House + Senate).

Article II Constitutional Qualifications for President

Natural-born U.S. citizen, at least 35 years of age, and a resident within the U.S. for at least 14 years.

Impeachment Process

House of Representatives brings formal charges (indictment) by a simple majority vote; Senate conducts trial (presided over by Chief Justice) requiring 2/3 supermajority to convict/remove.

Impeachable Offenses (Article II, Sec. 4)

"Treason, Bribery, or other high Crimes and Misdemeanors".

Federalist No. 71 & No. 73

No. 71: Defended the 4-year term to give executives independence from popular passions. No. 73: Defended the veto power to check legislative overreach.

Judiciary Act of 1789

Established the federal court structure: a 3-tiered system (District, Circuit, Supreme Court) with 6 original Supreme Court justices.

Cabinet Creation Precedent (George Washington)

Created regular Cabinet meetings as an extension of executive power, establishing department heads as subordinates to the President.

Neutrality Proclamation of 1793

Washington declared U.S. neutrality in the Anglo-French war, establishing unilateral presidential leadership in foreign affairs.

Whiskey Rebellion (1794)

Washington mobilized state militias to crush domestic tax resistance, establishing the precedent of presidential supremacy during domestic crises.

Washington’s Farewell Address (1796)

Warned against the dangers of political factions/parties and permanent foreign entanglements.

Revolution of 1800

Jefferson's victory over Adams; marked the first peaceful transfer of executive power between opposing political parties in history.

Electoral Crisis of 1800 & 12th Amendment

Jefferson and Burr tied in electoral votes. The 12th Amendment (1804) required separate electoral ballots for President and Vice President to accommodate party tickets.

Marbury v. Madison (1803)

Supreme Court ruled parts of the Judiciary Act of 1789 unconstitutional, formally establishing Judicial Review.

Louisiana Purchase (1803) Legal Dilemma

Jefferson bought the territory from France for $15M, doubling U.S. size, but struggled with his strict constructionist views since the Constitution didn't explicitly authorize acquiring land.

Embargo Act of 1807

Jefferson banned foreign trade to maintain neutrality; devastated the U.S. merchant economy and highlighted the limits of executive overreach.

King Caucus

The congressional nominating system that picked presidential candidates, giving Congress major influence over executive nominees until the 1830s.

Monroe Doctrine (1823)

Foreign policy declaration warning European powers against further colonization or intervention in the Western Hemisphere.

Jacksonian Democracy

Expanded voting rights to most white adult males, framing the President as the single direct representative of the entire national popular will.

National Party Convention (1830s)

Replaced the "King Caucus" to democratize candidate selection and build mass party organizations.

The Spoils System / "Rotation in Office"

Andrew Jackson’s practice of replacing federal officeholders with political loyalists to prevent administrative corruption and enforce executive control.

Expanded Veto Power under Jackson

Jackson used the veto based on policy/political objections (e.g., Maysville Road Veto, 1830), not just constitutional grounds.

Kitchen Cabinet

Jackson’s informal group of unofficial advisors and journalists, bypassing his official Senate-confirmed Cabinet.

The Bank War (1832)

Jackson vetoed the recharter of the Second Bank of the U.S. and removed federal deposits into state "Pet Banks," leading to his Senate censure and contributing to the Panic of 1837.

Nullification Crisis (1832–1833)

South Carolina attempted to void federal tariffs; Jackson issued the Force Bill asserting federal supremacy and threatening military force.

Worcester v. Georgia (1832) & Indian Removal

Supreme Court ruled Georgia couldn't enforce state laws on Cherokee lands. Jackson refused to enforce the ruling, leading to the forced relocation known as the Trail of Tears (1838).

The Tyler Precedent (1841)

When Harrison died, VP John Tyler established that a succeeding VP becomes the full President with complete executive authority, not just an acting president.

Manifest Destiny & James K. Polk

Belief in U.S. territorial expansion to the Pacific. Polk leveraged commander-in-chief powers during the Mexican-American War to acquire CA, NV, UT, and NM.

Compromise of 1850 & Kansas-Nebraska Act (1854)

1850: Admitted CA as a free state and passed a strict Fugitive Slave Law. 1854: Repealed the Missouri Compromise, establishing "popular sovereignty" over slavery in territories.

Dred Scott v. Sandford (1857)

Ruled Black Americans were not citizens and Congress had no authority to prohibit slavery in federal territories. Later overturned by the 13th & 14th Amendments.

Lincoln’s Constitutional Theory of "Prerogative"

Believed the executive must exercise broad emergency power to preserve the Union and Constitution, even if it requires bypassing specific statutory laws.

Unilateral Executive Actions of April 1861

Operating without Congress for 4 months, Lincoln called up 75,000 militiamen, enlarged the regular Army/Navy, declared a Southern port blockade, and spent unappropriated funds.

Prize Cases (1863)

Supreme Court validated Lincoln’s unilateral naval blockade, ruling the President can meet an insurrection with force without waiting for a formal declaration of war.

Habeas Corpus Suspension & Ex parte Merryman (1861)

Lincoln suspended habeas corpus to detain rebel sympathizers. Chief Justice Taney ruled only Congress could suspend it, but Lincoln ignored the ruling.

Emancipation Proclamation (Jan 1, 1863)

Executive military order freeing slaves in unconquered Confederate territory; exempted loyal border states and Union-occupied areas.

Civil War Election Continuity (1864)

Lincoln proceeded with the 1864 national election during an active civil war, demonstrating the durability of American constitutional democracy.

Reconstruction Amendments (13th, 14th, 15th)

13th (1865): Abolished slavery. 14th (1868): Equal protection, birthright citizenship, and due process. 15th (1870): Voting rights regardless of race.

Wade-Davis Bill (1864) & Pocket Veto

Radical Republican plan requiring 50% loyalty oaths in Southern states. Lincoln pocket-vetoed it, claiming Reconstruction was an executive function.

Andrew Johnson’s Impeachment Crisis (1868)

Johnson violated the Tenure of Office Act (1867) by firing Secretary of War Edwin Stanton. The House impeached him, but he avoided Senate conviction by 1 vote.

Civil Rights Enforcement under Ulysses S. Grant

Created the Department of Justice and deployed the U.S. Army to aggressively suppress Ku Klux Klan violence in the South.

Compromise of 1877

Resolved the disputed 1876 election; Rutherford B. Hayes became President in exchange for withdrawing federal troops from the South, ending Reconstruction.

Plessy v. Ferguson (1896)

Supreme Court upheld state racial segregation laws, establishing the "separate but equal" doctrine that legitimized Jim Crow. Overturned by Brown v. Board of Education (1954).

Late-19th Century "Whig" Presidencies

Presidents like Hayes, Garfield, Arthur, Cleveland, and Harrison deferred to legislative dominance, using vetoes defensively rather than to lead policy.

Spanish-American War (1898) & Foreign Expansion

McKinley expanded foreign executive power, securing Puerto Rico, Guam, the Philippines, and Hawaii, shifting the U.S. into a global empire.

Stewardship Theory (Theodore Roosevelt)

Theory that the President holds inherent authority to take any action for the public good unless explicitly forbidden by the Constitution or law.

The Bully Pulpit / Rhetorical Presidency

TR’s concept of using the presidency as a public platform to appeal directly to citizens, shape public opinion, and pressure Congress.

The Square Deal Agenda

TR's domestic plan focused on the "Three C's": Control of Corporations (trust-busting), Consumer Protection (Pure Food and Drug Act), and Conservation.

Roosevelt Corollary to the Monroe Doctrine

Asserted the right of the U.S. to act as an international police power in Latin America to prevent European intervention.

Election of 1912 Dynamics

4-way race; TR split the Republican vote by running under the Progressive ("Bull Moose") Party against Taft (R) and Debs (Socialist), allowing Woodrow Wilson (D) to win.

Woodrow Wilson’s Theory of Executive Leadership

Viewed the President as an active legislative leader and party chief, drawing inspiration from the British parliamentary system.

Wilson’s Major Domestic Reforms

Federal Reserve Act (1913): Created central bank. Clayton Antitrust Act (1914): Strengthened anti-monopoly laws. Federal Trade Commission (1914): Created regulatory agency.

Fourteen Points & League of Nations Rejection

Wilson’s post-WWI peace blueprint. The U.S. Senate rejected the Treaty of Versailles due to isolationism and concerns over losing congressional war powers.

Electoral Realignment of 1932

FDR built the New Deal Coalition (Southern whites, urban labor, low-income, immigrants, Black voters), establishing Democratic dominance for decades.

FDR’s "Fireside Chats"

31 radio broadcasts where FDR mastered direct public communication, bypassing traditional print media to explain policy and build support.

First New Deal vs. Second New Deal

First (1933): Emergency relief/stabilization (TVA, NIRA, Glass-Steagall). Second (1935): Structural safety nets (WPA, Wagner Act, Social Security).

Social Security Act of 1935

Pay-as-you-go federal social insurance program financed via payroll taxes, providing retirement benefits, unemployment insurance, and disability aid; signed into law by FDR.

Brownlow Committee (1937) & EOP

Declared "the President needs help". Led to the Executive Reorganization Act of 1939, creating the Executive Office of the President (EOP) to manage agencies.

"Court-Packing" Plan (1937)

Controversial proposal where FDR tried to add up to 6 new Supreme Court justices for those over 70 who refused to retire after conservative rulings struck down New Deal laws; failed politically.

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

Established that the President holds broad, plenary authority in foreign affairs as the "sole organ" of the federal government.

Executive Order 9066 & Korematsu v. U.S. (1944)

Forced internment of 120,000 Japanese Americans. The Supreme Court upheld EO 9066, ruling wartime national security outweighed Fifth Amendment rights.

Yalta Conference (1945)

FDR, Churchill, and Stalin shaped post-war Europe, secured Soviet help against Japan, and established the framework for the United Nations.

22nd Amendment (1951)

Passed in response to FDR’s four terms; formally limited a president to two terms or a maximum of 10 years in office.

Neustadt’s Definition of Midcentury Governance

Post-WWII era where Cold War tensions, continuous military preparedness, nuclear arms, and explosive media growth (TV) made emergency conditions the permanent standard.

Formal "Powers" vs. Personal "Power" (Neustadt)

Powers (Authority): Legal/constitutional rights granted to the office (vetoes, orders). Power (Influence): Personal capacity to persuade actual government actors.

Neustadt’s Five Presidential Constituencies

Executive Officialdom, Congress, Partisans, Citizens at Large, and Foreign Allies.

5 Conditions for a "Self-Executing" Direct Command

1. Unambiguous presidential involvement, 2. Clear meaning, 3. Wide publicity, 4. Control of means, 5. Apparent legitimacy/authority.

Neustadt’s Three Cases of Direct Command

1. Truman firing Gen. MacArthur (1951); 2. Truman seizing steel mills (1952); 3. Eisenhower sending troops to Little Rock Central High (1957).

The Limits/Costs of Direct Command

Command is a last resort that signals a failure of persuasion. It carries high political costs and uncertain long-term success (e.g., steel seizure struck down in Youngstown Sheet & Tube Co. v. Sawyer).

"Separated Institutions Sharing Powers"

Neustadt’s core concept: American governance is not a strict separation of powers, but independent institutions sharing power, requiring give-and-take bargaining.

Core Lesson of the Marshall Plan Case Study

Truman won legislative approval from a hostile 80th Congress by trading prestige, sharing credit with Gen. Marshall and Sen. Vandenberg, and utilizing external Soviet pressure.

National Security Act of 1947

Created the National Security Council (NSC), Central Intelligence Agency (CIA), and Department of Defense (DoD) to centralize Cold War executive power.

Taft-Hartley Act of 1947

Anti-union legislation allowing states to pass "right-to-work" laws. Truman vetoed it to keep labor support, but Congress overrode the veto.

Desegregation of the Armed Forces (1948)

Issued by Truman via Executive Order 9981 after Southern Democrats blocked civil rights legislation in Congress.

Eisenhower’s "Modern Republicanism" & Style

Accepted established New Deal programs while maintaining fiscal moderation. Utilized a "hidden-hand" leadership style in dealing with Congress.

Interstate Highway Act of 1956

Built 41,000 miles of highways for defense and commerce. Displaced 1M+ citizens, destroyed 475k homes (disproportionately minority communities), and cemented auto reliance.

Eisenhower’s Farewell Address Warning (1961)

Warned the American public against the unwarranted influence and unbridled growth of the "military-industrial complex".

Election of 1968 & Nixon’s Strategy

Nixon won on a "law and order" campaign and "New Federalism" platform amidst Vietnam War protests, the DNC chaos, and George Wallace's 3rd-party run.

Nixon’s "Administrative Presidency"

Expanded White House control over bureaucracy by creating OMB and Domestic Policy Council, bypassing Cabinet oversight with aides like Kissinger.

Major Nixon Foreign Policy Achievements

Re-established diplomatic relations with Communist China, pursued détente with the USSR, and signed the SALT I Treaty.

War Powers Resolution of 1973

Passed over Nixon's veto; requires President to report to Congress within 48 hours of military deployment and limits unapproved missions to 60 days.

Watergate Scandal & United States v. Nixon (1974)

Break-in cover-up leads to crisis. Supreme Court ruled unanimously that executive privilege doesn't protect subpoenaed evidence in criminal trials, forcing Nixon's resignation.

Presidential Records Act (PRA) of 1978

Established that all official presidential and vice-presidential records are public property belonging to the U.S. government.

Gerald Ford’s Ascension & Nixon Pardon

Only President never elected as President or VP (appointed via 25th Amendment). Unilaterally pardoned Nixon, which severely damaged his public support.

Jimmy Carter’s Campaign vs. Governing Struggle

Won as a Washington outsider post-Watergate using Iowa caucuses. Faced a primary challenge in 1980 from Edward "Ted" Kennedy, and struggled in office due to lack of congressional ties, economic stagflation, and the 1979 Iran Hostage Crisis.

The Reagan Revolution & Coalition (1980)

Powered by the "New Right" (evangelicals, fiscal conservatives, anti-tax groups). Realigned politics with a landslide victory over Carter.

Reaganomics & Judiciary Legacy

Reaganomics: Tax cuts, military expansion, deregulation, and budget reductions for social welfare. Judiciary: Appointed half the federal bench, prioritizing originalist/textualist judges.

Iran-Contra Affair (1986)

Reagan administration officials secretly sold arms to Iran to illegally fund anti-communist Contras in Nicaragua, violating the Boland Amendment.

Fair Deal

Domestic policy under President Truman that included the expansion of Social Security.

1957 Little Rock School Integration Crisis

Event where the Arkansas National Guard was deployed to prevent the integration of public schools following the Brown v. Board of Education ruling.