U.S. Executive Branch: Powers, Limitations, and Key Cases (Exam 2)

What was the primary goal of the Constitutional Convention regarding the executive branch?

To avoid centralized power.

What did the New Jersey Plan propose for the executive branch?

A plural executive.

What are the three constitutional qualifications to be President of the United States?

35 years old, natural-born citizen, and a U.S. resident for 14 years.

How is the number of electors for each state in the Electoral College determined?

The number of Senators plus the number of Representatives for that state.

What historical election led to the Twelfth Amendment's requirement for separate ballots for President and Vice President?

The election of 1800, where Jefferson and Burr tied.

What was the result of the 1824 election regarding the popular vote and the presidency?

Andrew Jackson won the popular vote, but John Quincy Adams was elected by the House of Representatives.

What was the outcome of the 1876 election involving Rutherford B. Hayes and Samuel Tilden?

A commission granted the presidency to Hayes due to the Compromise of 1877.

What was the central legal issue in Bush v. Gore (2000)?

Whether uniform standards were required for determining voter intent under the Equal Protection Clause.

Why did the Supreme Court stop the Florida recount in 2000?

The lack of a uniform standard for counting ballots violated the Equal Protection Clause and could not be resolved within the time constraints.

What are the grounds for presidential impeachment?

Treason, bribery, or other high crimes and misdemeanors.

Which amendment limits a President to a specific number of terms?

The Twenty-second Amendment.

What is the order of presidential succession after the Vice President?

Speaker of the House, President pro tempore of the Senate, and Secretary of State.

What does the Twenty-Fifth Amendment allow the President to do regarding the Vice Presidency?

Nominate a new Vice President if the office becomes vacant.

What is the Vesting Clause of Article II?

The clause stating that the executive power shall be vested in a President of the United States.

What is the Take-Care Clause of Article II?

The requirement that the President shall take care that the laws be faithfully executed.

What are the two main interpretations of the Vesting Clause?

A mere designation of office or a general grant of power.

Which branch of government initiates the impeachment process?

The House of Representatives.

Which branch of government conducts the trial for impeachment?

The Senate.

What was the significance of the 1888 election between Benjamin Harrison and Grover Cleveland?

Grover Cleveland won the popular vote, but Benjamin Harrison won the Electoral College.

What role does the 'Commander in Chief' title play in modern presidency?

It is a key component of the increased power of the modern presidency and federal bureaucracy.

What was the primary issue with the Florida Supreme Court's recount standard in 2000?

It failed the 'non-arbitrary treatment' requirement because standards varied by county and recount team.

Under the Take Care Clause, may a president appoint a bodyguard for a Supreme Court justice without congressional authorization?

Yes, as established in In re Neagle, the president may protect a judge's life when threatened.

What are the three options a president has when a bill is presented under the Presentment Clause?

Sign it, veto it, or do nothing.

What is a pocket veto?

When a bill is not signed within 10 days and Congress goes out of session.

What was the purpose of the Line Item Veto Act?

To enable the president to cancel new discretionary spending or tax breaks to discourage pork barrel spending.

In Clinton v. City of New York, what did the Court rule regarding the president's power to cancel provisions of a law?

The president has no constitutional power to enact, amend, or repeal statutes after they are enacted.

What is the difference between a principal officer and an inferior officer regarding appointment?

Principal officers require Senate approval, while inferior officers do not.

What factors made the independent counsel in Morrison v. Olson an inferior officer?

Removal by the Attorney General, limited duties, limited jurisdiction, and limited tenure.

What did the Court rule in Myers v. United States regarding the president's power to remove executive officers?

The president has the power to remove executive officers without Senate approval.

Why did the Court rule in Humphrey's Executor that the president could not remove an FTC commissioner without cause?

The FTC is an independent regulatory commission with quasi-judicial and quasi-legislative functions, not a purely executive body.

What is executive privilege?

The inherent power of the president to withhold confidential information.

What was the ruling in United States v. Nixon regarding executive privilege?

Executive privilege is not absolute; judicial needs for evidence in a criminal trial can outweigh it.

What is presidential immunity?

The protection of the president from lawsuits related to official actions while in office.

In Mississippi v. Johnson, why could the state not sue the president to prevent the implementation of an act?

The president has discretion in enforcing acts, and courts may not interfere with executive duties.

What is the distinction between ministerial and executive duties?

Ministerial duties involve no discretion and are simple, definite tasks, while executive duties involve discretion.

What was the ruling in Clinton v. Jones regarding lawsuits for conduct occurring before a president took office?

A sitting president is not immune from civil litigation for conduct that occurred before assuming office.

What is the primary rationale for presidential immunity?

To allow the president to perform their duties effectively without undue caution or distraction.

What does the Excepting Clause allow Congress to do?

Vest the appointment of inferior officers in the president alone, the courts of law, or the heads of departments.

How does the Court determine if a removal restriction is constitutional?

By examining the character of the office and whether it is purely executive or independent/regulatory.

What does the Take Care Clause include regarding presidential powers?

The rights, duties, and obligations growing out of the Constitution itself.

Can Congress override a presidential veto?

Yes, with a two-thirds vote in both houses.

What is the significance of the 'single, finely wrought' procedure for enacting laws?

It emphasizes that the legislative process is exhaustively considered and must be strictly followed.

What is the 'alter ego' theory of executive appointees?

Appointees act as the president's extension, requiring the president to have removal power to ensure laws are faithfully executed.

What is the role of the Special Division in the Ethics in Government Act of 1978?

To select the independent counsel.

Why did the Court in Clinton v. Jones argue that civil litigation would not violate separation of powers?

The judiciary is not performing executive functions or limiting executive power by hearing a private civil case.

What is the limitation on inter-branch appointments?

There must be congruity between the functions of the position and the appointing branch.

What is the consequence of constitutional silence on a presidential power?

It is generally interpreted as being prohibited.

What is the Pardon Power?

A power granted to the president under Article II, Section 2.

What are the four primary limitations on the presidential pardon power?

Only the president may pardon, it applies only to federal offenses, it is limited to criminal matters, and it cannot be used for impeachments.

What is the stated purpose of the presidential pardon power according to Federalist No. 74?

To restore the tranquility of the commonwealth.

What does it mean for the presidential pardon power to be 'plenary'?

It covers everything not explicitly restricted by the text of the Constitution.

What was the central legal issue in Ex parte Grossman (1925)?

Whether a president may pardon a criminal contempt of court citation imposed by a federal judge.

Why is a presidential pardon considered more justified in cases of criminal contempt?

Because contempt citations often involve no jury and limited legal protections for the accused.

What was the significance of the ruling in Murthy v. Ford (1975)?

It established that a president may issue a pardon that immunizes a person for all federal offenses potentially committed during a specific period of time.

What is the constitutional source of the President's role as Commander in Chief?

Article II, Section 2 of the Constitution.

Which branch of government holds the sole power to declare war?

Congress, under Article I, Section 8.

What powers does Congress hold regarding the military under Article I, Section 8?

The power to declare war, raise and support armies, maintain a navy, and organize/discipline the militia.

What was the ruling in the Prize Cases (1863) regarding naval blockades?

The president may initiate a naval blockade against states in rebellion without prior congressional authorization to defend the country.

Under what conditions may the Writ of Habeas Corpus be suspended?

Only in cases of rebellion or invasion when the public safety requires it.

What was the primary holding in Ex parte Milligan (1866)?

A civilian cannot be tried by a military commission in a state where the civilian courts are still functioning.

What constitutional right did the Supreme Court emphasize for citizens in Ex parte Milligan?

The right to a trial by jury as guaranteed by Article III, Section 2.

What historical precedent influenced the American presidential pardon power?

The English monarchy and common law traditions.

What is the primary check on the potential abuse of the presidential pardon power?

The impeachment process.

What role does the Senate play in the President's treaty-making power?

The President makes treaties by and with the advice and consent of the Senate.

How did the Court in Ex parte Grossman justify the pardon of criminal contempt?

By citing past practices, British institutional history, and the need for a check on the judiciary.

What was the justification for President Ford's pardon of Richard Nixon?

To restore national tranquility during a time of crisis, including inflation, energy issues, and a lack of trust in government.

What does Ex parte Garland (1867) state about the scope of the pardon power?

It is unlimited, except for cases of impeachment.

What distinction did the Prize Cases make regarding the President's war powers?

The president has no power to initiate or declare war, but has the power to defend the country.

Why did the Court rule that the laws of war did not apply to Milligan in Indiana?

Because the civilian courts were still open and functioning.

What is the relationship between the Constitution and the suspension of rights during wartime?

The Constitution cannot be suspended, even during periods of conflict.