The Presidency

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89 Terms

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Q: What method did the framers choose to elect the president?

A: The Electoral College — balances independence from Congress with public input.

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Q: Why is the president’s term 4 years?

A: It allows time for unpopular but necessary decisions and ensures accountability.

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Q: Why did Hamilton support presidential re-eligibility?

A: To encourage good behavior, retain experience, and allow long-term planning.

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Q: How does the mode of election relate to term length and re-eligibility?

A: Direct election risks populism; legislative election risks dependence. Re-eligibility rewards good leadership.

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Q: What are the five categories of presidential powers?

A: Executive, Legislative, Judicial, Diplomatic, and Military.

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Q: What is the Vesting Clause?

A: It grants broad executive power to the president in Article II.

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Q: What is the ordinance power?

A: The power to issue executive orders to enforce laws.

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Q: What is the appointment power?

A: The president appoints officials, including cabinet members.

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Q: What is the removal power?

A: The president can remove officials, except those confirmed by the Senate.

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Q: What is the veto power used for?

A: To block legislation that goes against the public good or is unconstitutional.

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Q: What is the pardoning power?

A: The ability to forgive crimes, used to stop rebellion or insurrection.

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Q: What was the critical period?

A: The time between the Revolutionary War and the Constitution.

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Q: What lesson did the critical period teach?

A: Legislative supremacy led to tyranny; a strong executive was needed.

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Q: What does Federalist 71 argue?

A: The president should reflect the reason, not passion, of the people.

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Q: What does Federalist 70 emphasize?

A: The need for a single, energetic executive.

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Q: What did the framers believe about power?

A: Powers are distinct by nature — legislative, executive, judicial.

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Q: What is the purpose of the Vesting Clause?

A: To grant executive power broadly but within constitutional limits.

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Q: Why was Washington’s presidency so important?

A: He set key precedents that shaped the office permanently.

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Q: Name three major precedents Washington set.

A: Title “Mr. President,” two-term tradition, cabinet creation.

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Q: What was Washington’s stance on federal supremacy?

A: He asserted national authority over state governments.

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🔓 Locke’s Prerogative Power (3 cards)

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Q: What is prerogative power?

A: Acting without or against law for the public good.

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Q: When is prerogative justified?

A: When the legislature is absent, slow, or silent.

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A: When the legislature is absent, slow, or silent.

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Q: Who judges if prerogative was used correctly?

A: The people.

The people can just boot out the fool

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⚔️ Hamilton vs. Jefferson (3 cards)

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Q: What was Hamilton’s view on presidential power?

A: Broad powers granted by the Constitution; no need for prerogative.

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A: Broad powers granted by the Constitution; no need for prerogative.

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Q: What was Jefferson’s view on presidential power?

A: Strict constructionist, but used prerogative when necessary.

36
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A: Strict constructionist, but used prerogative when necessary.

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Q: What did Jefferson do that contradicted his strict view?

A: The Louisiana Purchase — acted beyond the Constitution.

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A: The Louisiana Purchase — acted beyond the Constitution.

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🧠 Modern vs. Constitutional Presidency (4 cards)

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Q: What is the modern view of presidential power?

A: Power comes from influence, charisma, and public appeal.

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A: Power comes from influence, charisma, and public appeal.

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Q: What are the six traits of a modern president (Greenstein)?

A: Public communication, organizational capacity, political skill, policy vision, cognitive style, emotional intelligence.

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Q: Who is the quintessential modern president?

A: Franklin Roosevelt.

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Q: What is the constitutional view of presidential power?

A: Power is defined by the Constitution and limited by law.

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A: Power is defined by the Constitution and limited by law.

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🗳️ Political Party Preferences (2 cards)

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Q: What do Republicans generally prefer in a president?

A: Limited government, strict constitutional interpretation, state sovereignty.

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A: Limited government, strict constitutional interpretation, state sovereignty.

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Q: What do Democrats generally prefer in a president?

A: Active government, broad constitutional interpretation, national leadership.

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A: Active government, broad constitutional interpretation, national leadership.

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Q: What is the Constitutional Presidency?

A: A view that presidential power is defined and limited by the Constitution.

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Q: What is the source of power in the Constitutional Presidency?

A: Article II of the U.S. Constitution.

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Q: How does the Constitutional Presidency view separation of powers?

A: Each branch has powers distinct by nature and must not encroach on others.

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Q: What does Federalist 71 say about the president’s role?

A: The president should reflect the deliberate reason of the people.

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Q: What is the significance of the president’s oath of office?

A: It commits the president to preserve, protect, and defend the Constitution.

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Q: How does the Constitutional view interpret the Vesting Clause?

A: It grants executive power within constitutional bounds.

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Q: What is the role of prerogative power in the Constitutional Presidency?

A: It’s acknowledged but already embedded in the Constitution.

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Q: How does the Constitutional view differ from the Modern Presidency?

A: It emphasizes legal authority and checks and balances.

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Q: What does the Constitutional view say about presidential re-eligibility?

A: It allows continuity and rewards good leadership within limits.

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Q: What is the president’s role in foreign policy under the Constitutional view?

A: Executes treaties and represents the nation; Senate must approve treaties.

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Q: What is the president’s role in lawmaking under the Constitutional view?

A: Recommends legislation and vetoes bills; cannot make laws.

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Q: How does the Constitutional view define executive power?

A: As the power to faithfully execute laws, appoint officials, and command the military.

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Q: What clause grants the president executive power?

A: Article II – Vesting Clause: “Executive power shall be vested in a President…”

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Q: What is the Ordinance Power?

A: The power to issue executive orders to enforce laws; they carry the force of law but are not laws themselves.

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Q: What is the Appointment Power?

A: The president appoints about 5,000 officials in 4 years, including cabinet officers — like a CEO hiring staff.

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Q: What limits the Removal Power?

A: The president cannot remove officials installed before their term or those confirmed by the Senate.

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Q: What are the president’s Legislative Powers?

A: Recommend legislation, propose the budget, and veto bills (Congress can override with a 2/3 vote).

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Q: What are the president’s Judicial Powers?

A: Reprieve (delay punishment), commutation (reduce sentence), pardon (forgive individual), amnesty (forgive group).

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Q: What are the president’s Diplomatic Powers?

A: Treaty power (formal agreements), executive agreements (informal, no Senate approval), recognition power (acknowledge foreign governments).

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Q: What are the president’s Military Powers?

A: Commander-in-Chief of the Armed Forces; can enforce federal law, call National Guard, and act unless violating federal law.

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Q: Who introduced the concept of the Modern Presidency?

A: Richard Neustadt.

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Q: What does the Strong Presidency Camp believe?

A: The president should be powerful, with extra-constitutional powers; influence is key; FDR is the model.

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Q: What does the Weak Presidency Camp believe?

A: Presidents are too strong; power should remain with Congress; wary of the Imperial Presidency.

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Q: What is the Shared View between both camps?

A: Presidents today are stronger than premodern ones.

80
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Q: What is the Constitutional Presidency view?

A: All powers stem from the Constitution; checks and balances prevent abuse; prerogative powers are included in the Constitution.

81
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Q: How does the Modern View see power?

A: Power is shared and fluid; branches gain power by encroaching on others.

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Q: How does the Constitutional View see power?

A: Powers are distinct and not shared; overreach makes a president a villain, not stronger.

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Q: According to Neustadt, what is presidential power?

A: Power = influence, based on persuasion and bargaining.

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Q: What are Neustadt’s sources of power?

A: Intelligence, charisma, knowledge, reputation, prestige, instinct, experience.

85
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Q: What philosopher influenced Neustadt’s ideas?

A: Friedrich Nietzsche — the idea of imposing one’s will on others.

86
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Q: What is political capital?

A: Resources like influence and prestige used to gain or maintain power — like investing to gain more.

87
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Q: What are Neustadt & Greenstein’s Presidential Standards of Conduct?

A: Public communication, organizational capacity, political skill, policy vision, cognitive style, emotional intelligence.

88
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Q: What is the Imperial Presidency?

A: Fear that the president becomes a tyrant by bypassing Congress using prerogative powers.

89
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Q: What is Roosevelt’s Stewardship Theory?

A: The president can do anything unless explicitly prohibited by law — acts first, stops only if blocked.