Unit 2B- Executive and Judicial Branch

What are the qualifications to be president

1. Have to be 35 years or older

2. Must have lived in the US for 14 years

3. Must be a native-born citizen

Description of Executive Powers (Chief Executive)

• carry out laws passed by Congress

• Administrator of Cabinet departments and all federal agencies

• Appoints Cabinet members

• Nominates judges to Supreme and Federal Courts

Description of Legislative Powers (Chief Legislator)

• outlines programs & policies state of the Union address

• Recommends laws to Congress

• Pressure/persuade lawmakers to vote for/against bills

• presidential veto

• pocket veto: difficult for congress to override

Description of Diplomatic Powers (Chief Diplomat)

• Directs foreign policy of US

• Appoints ambassadors (ministers and consuls)

• Treaties with foreign nations

• Meets with foreign leaders abroad

Description of Military Powers (commander in chief)

• civilian commander of Military

• can order troops into battle

Description of Chief of State

• living symbol of the nation

• Greets visiting foreign leaders

• Represents US at official functions

• promotes the national spirit

Description of Party Chief

• considered leader of their party

• helps party raise money

• speaks at campaign events

• rewards faithful party members with favors or appointments to federal office

Chief of the Economy

• helps the economy propel

• works with Congress to write federal budget

• deal with problems like unemployment, inflation, and high taxes

Description of Chief Citizen/Crisis Manager

• model citizen, holds up American ideals and beliefs

• lead country through disasters (national/man-made)

• Inform, inspire and comfort American people

Examples of Chief Executive

• President Clinton with Janet Reno, the first female Attorney General, February, 1993

• President Bush holds a cabinet meeting in October, 2005

Examples of Chief Legislator

• President Roosevelt signs into law the Social Security Act, 1935

• President Clinton delivers the State of the Union Address, 1997

Examples of Chief Diplomat

• President Kennedy speaks at Berlin Wall, 1963

• President Reagan and Soviet Gen Sec. Gorbachev sign Nuclear Arms Reduction Treaty (1987)

Examples of Commander in Chief

• President Johnson decorates a soldier in Vietnam, October, 1966

• President Bush aboard U.S.S. Lincoln, May, 2003

Examples of Chief of State

• President Eisenhower throws out the first pitch at opening day baseball game (1957)

• Queen Elizabeth and President Reagan at White House Dinner , 1983

Example of Chief of the Party

• President Reagan & Vice-President Bush accepting their party’s nomination in 1980

Examples of Chief of the Economy

• President Bush outlines his economic stimulus plan

  during remarks to business leaders at the Sheraton Hotel

• President Obama’s Job Growth Plan

Examples of Chief Citizen/ Crisis Manager

• Vice-President Johnson sworn in aboard Air Force One after President Kennedy’s assassination, 1963

• President Bush at Ground Zero after 9-11

What is the definition of Executive Orders and how can it be a dangerous power for the President to have?

Orders issued by the President that carry the force of law

ex: FDR’s internment of Japanese-Americans during World War II

dangerous: abuse their power

What is the definition of Executive Privilege and how can it be a dangerous power for the President to have?

• claim by presidents that they have the discretion to decide that the national interest will be better served if certain information is withheld from the public, including courts and Congress

• ex: Nixon’s refusal to turn over the Watergate tapes.

  The Supreme Court in U.S. v. Nixon, though it did

  not strike down the practice of executive privilege

  in general, ruled that Nixon must turn over the

  tapes

• dangerous: presidents can withhold things that might be important for the people to know

What is the definition of Executive Agreement and how can it be a dangerous power for the President to have?

• International agreements made by a president that has the force of treaty

• does not require Senate approval

• usually trade agreements between US & other nations

• ex: Jefferson’s purchase of Louisiana from France in

  1803

• dangerous: presidents can make agreements that do not coincide with senate approval therefore the people most likely do not agree.

How does the judicial branch check on the President?

Judicial Review - the ability of the Court to declare a Legislative or Executive act in violation of the Constitution

How does the Legislative Branch check on the president?

• overrides a president’s veto by 2/3 vote of both houses

• Impeach (House) and try (senate)

• confirm or reject judicial appointments (senate)

• control budget (purse)

What specifically does the war powers resolution state that the President CAN and CAN’T do?

It says the president must notify Congress within 48 hours of military action and prohibits armed forces from remaining for more than 60 days

The Constitution divides war powers between Congress and the president

What is the difference between Formal and Informal Powers?

Formal Powers: Listed in the Constitution (Article II)

Informal Powers: Powers not written in the Constitution

Which roles of the President are formal powers

• Executive Powers

• Legislative Powers

• Diplomatic Powers

• Military Powers

• Chief of State

Which of the Roles of the President are Informal Powers

• Party Powers

• Chief of the Economy

  • Chief Citizen

What are the advantages of Informal Powers?

modern issues are addressed and it’s quicker for the president to respond to issues

What are the disadvantages of Informal Powers?

Laws are made by president when it should be up to the Legislative Branch and it allows the president to perhaps be corrupt

What is the definition of Imperial Presidency?

A powerful executive position guided by a weaker Congress (greater powers than the Constitution allows)

What was the decision of New York Times v. United States?

Did the Nixon administration’s efforts to prevent the publication of what it turned “classified information” violate the 1st amendment?

The Court decided that the government did not overcome the “heavy presumption against” prior restraint of the press in this case. New York Times was allowed to publish the Pentagon Papers

What are the main ideas of Federalist #70?

To justify 1 executive over a group of executives

1. energy and decisiveness with only one leader is better

   1. Responsibility- if something goes wrong, its easier to blame a person than a group

How many courts make up the Federal court system? Which are they?

3- Federal District Courts, Circuit Court of Appeals, and Supreme Court

What type of jurisdiction does each court have?

Federal District Courts - Original Jurisdiction

Circuit Court of Appeals- Appellate Jurisdiction

Supreme Court- Original and Appellate Jurisdiction

What does Article III in the US Constitution describe?

The Judicial Branch is described

What is the Federal Judiciary Act of 1789?

It is the law that established the court system

How many judges are on the Supreme Court?

9 Judges; 8 associates and 1 Chief

Explain the role of witnesses, a jury and evidence in the Supreme Court

No witness, no jury, no new evidence

Who decides if a case can be argued in the Appeals Court or Supreme Court?

Only Judges

What is precedent?

A ruling that firmly establishes some legal principle. These precedent are generally followed later as other court consider the same legal logic in similar cases.

What does the “rule of 4” mean?

4/9 judges have to agree to hear the case

What is considered when the Supreme Court decides to hear a case?

1. past precedents?

2. real impact on petitioner and respondent

3. dainment must show actual damage

   1. They consider national and social impact

What is a majority opinion?

The majority of the judges have the same decision and rule in favor of that side. Then an essay (opinion) is written by one o the justices that sums up the case and explains the court’s decision and rationale

What is dissenting opinion?

This opinion allows a justice to explain his disagreements with his colleagues. These can be used later for cases to use as arguments or to challenge precedent. The dissenting opinion has no force of law.

What is concurring opinion?

This means that the judge agrees with the majority, but have reservations about the majority’s legal reasoning. The opinion is written in an essay that explains the rationale.

What is the difference between judicial activism and judicial restraint?

Judicial activism is when SCOTUS strikes down laws or reverses public policy ( can be conservative or liberal), but it can translate into making policy which is not the role of the Supreme Court

Judicial restraint is when justices use the strict interpretation of the Constitution to make their decision

What are the main ideas of Federalist #78

1. Lifetime terms for SCOTUS judges are necessary to keep the SCOTUS as independent as possible

2. The power of the judicial review does not make the Supreme Court more powerful; it only balances with legislative branch.