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Executive branch
The branch of government responsible for enforcing and carrying out the laws, headed by the president
Article II, Section 2
The constitutional provision outlining the president’s powers, including commander in chief, treaties, appointments, and pardons
Federalist 70
Hamilton’s essay arguing for a strong, energetic executive to ensure effective leadership
Formal/Enumerated Powers
Powers of the president explicitly stated in the Constitution
Informal powers
Powers not listed in the Constitution but derived from custom, precedent, and political influence
Presidential pardons
The president’s power to forgive a federal crime and eliminate punishment
Commutations
Reductions of a criminal sentence without removing the conviction
Reprieves
Temporary delays in the execution of a sentence
Divided government
When the presidency and at least one chamber of Congress are controlled by different parties
Unified government
When the presidency and both chambers of Congress are controlled by the same party
Gridlock
Legislative deadlock that occurs when political divisions prevent action
Executive privilege
The president’s ability to withhold information from Congress or the courts for national security or confidentiality
Executive agreement
A binding international agreement made by the president without Senate approval
Signing statement
A written statement issued by the president when signing a bill, explaining how it will be interpreted or enforced
Executive order
A directive issued by the president that has the force of law
State of the Union Address
The president’s annual speech to Congress outlining policy goals and national priorities
Treaty
A formal international agreement negotiated by the president and ratified by a two-thirds vote of the Senate
Veto
The president’s power to reject legislation passed by Congress
Pocket veto
An indirect veto that occurs when the president takes no action on a bill and Congress adjourns within ten days
Veto Message
The president’s formal explanation to Congress for rejecting a bill
Authorized Use of Military Force
A congressional resolution allowing the president to use military force without a formal declaration of war
Gulf of Tonkin Resolution (1964)
A congressional resolution granting President Johnson broad military authority in Vietnam
War Powers Resolution (1973)
A law limiting the president’s ability to deploy troops without congressional approval beyond 60 days
Impeachment
The formal process by which Congress charges and potentially removes a president for misconduct
Impoundment
The president’s refusal to spend money appropriated by Congress
Line-item veto
The ability to reject specific parts of a spending bill, ruled unconstitutional for presidents
Executive Office of the President
A group of agencies and advisors that assist the president in carrying out duties
Bargaining and persuasion
A president’s use of negotiation and influence to shape legislation and policy
Bully pulpit
The president’s ability to use the office to draw public attention to issues
Going public
A strategy in which the president appeals directly to the public to influence Congress
Electoral College
The system used to formally elect the president based on state electoral votes
“Imperial president”
A president who exercises excessive power beyond constitutional limits
“Pitiful, helpless giant”
A description of a weakened presidency constrained by Congress and public distrust
12th Amendment
Established separate electoral votes for president and vice president
20th Amendment
Changed inauguration dates and clarified presidential succession
22nd Amendment
Limited presidents to two elected terms
23rd Amendment
Granted Washington, D.C. electoral votes in presidential elections
25th Amendment
Established procedures for presidential succession and disability
US v. Nixon (1974)
Ruled that executive privilege is limited and the president must comply with judicial subpoenas
US v. Texas (2016)
Upheld limits on executive power by blocking a presidential immigration policy
Trump v. Hawaii (2018)
Upheld the president’s authority to restrict immigration for national security reasons
Trump v. US (2024)
Established that presidents have immunity from prosecution for official acts while in office
Train v. City of NY (1975)
Ruled that the president cannot refuse to spend funds appropriated by Congress
Clinton v. Jones (1997)
Ruled that a sitting president is not immune from civil lawsuits for actions taken before office
Clinton v. City of NY (1998)
Ruled the line-item veto unconstitutional
Guantanamo cases (2004–2008)
A series of cases affirming that detainees have due process rights and access to U.S. courts