READINGS PACKET

What are the sources of presidential power? (i.e. Article II powers and implicit powers -Neustadt and case law)

Article II:

• comander-in-chief

• War Powers Act of 1973

• 60 day limit—> for Congress to allow pres. to send troops

• take care that laws are faithfully executed

• veto

• treaty making power with 2/3 support by Senate

• executive agreements

• pardon

• appointment power (Senate)

• convene congress

• executive privilege (implied powers recognized by SC)

  • power to withhold information

Neustadt: “Presidential Power”:

• power to persuade

• approval rating 43%

• respect/perception of being skilled policymaker

- Neustadt claims we don’t have separation of powers but SHARED powers btwn pres. power and congress public media

What is the Solicitor General?

a senior government legal officer who represents the state or federal government in litigation, serving as the chief appellate lawyer and overseeing cases in high-level courts. In the U.S. Department of Justice, they decide which cases the government appeals to the U.S. Supreme Court

What was involved in the Nazi Saboteur Trial?

eight German-trained agents landed by U-boats to destroy U.S. war industries, who were quickly captured following an FBI confession by two members. President Roosevelt created a secret military tribunal to try them, resulting in six executions and two life sentences for charges of violating the laws of war

• Ex Parte Quirin: The U.S. Supreme Court upheld the constitutionality of the military commission, establishing that unlawful combatants could be tried by military tribunal rather than civilian court.

What is the Solicitor General’s Office ?

a specialized division within the U.S. Department of Justice (created in 1870) that manages the federal government’s litigation before the United States Supreme Court. Led by the Solicitor General, it holds significant authority over whether to appeal cases lost in lower courts and often acts as "the tenth justice" in its trusted role as a legal advisor to the Supreme Court.

• Supreme Court Litigation: Represents the interests of the United States in the Supreme Court, including drafting briefs, conducting oral arguments, and deciding which cases to appeal.

• Case Authorization: Reviews all lower court cases lost by the federal government and authorizes whether to appeal.

• Amicus Curiae Participation: Files "friend of the court" briefs (amicus curiae) in federal and state courts to advise on matters of importance to the government.

• Confession of Error: Possesses a unique authority to inform the Supreme Court that the government was wrong in a lower court, often leading to a reversal of that ruling.

  Department of Justice (.gov) +5

According to Rozell, how did President Clinton misuse executive privilege?

by attempting to shield personal, non-official conduct from legal investigations, rather than protecting confidential communications essential for core presidential duties. Rozell argued that Clinton's extensive use of the privilege to thwart the Office of Independent Counsel in the Lewinsky scandal misused the doctrine to avoid accountability for personal wrongdoing, creating a "substantial taint" on the legitimate use of presidential power.

Why does Spitzer argue that Clinton’s impeachment will NOT affect presidential power?

Robert J. Spitzer argues that Bill Clinton’s impeachment did not significantly affect presidential power because it was rooted in personal misconduct rather than a constitutional violation or abuse of official power. Spitzer notes the case was seen as an attempt to "send a message" of disapproval rather than a serious institutional effort to reduce the office's powers

Based upon the article by Johnson and Smith, why is the pardon power a dangerous tool in a democracy?

The pardon power threatens democratic principles when utilized as a political instrument to protect allies, reward loyalty, and obstruct justice. It erodes the rule of law by normalizing corruption and creating unequal accountability, effectively placing the executive branch above the judiciary.

What was the verdict in the Moussaoui trial?

On May 3, 2006, a federal jury sentenced Zacarias Moussaoui to life in prison without the possibility of parole for his role in the 9/11 attacks, sparing him the death penalty. After pleading guilty in 2005, the trial focused solely on sentencing, where jurors could not unanimously agree on death despite finding him eligible.

• Moussaoui was the only person tried in a U.S. court in connection with the September 11, 2001, attacks

Why was President Bill Clinton impeached?

on charges of perjury and obstruction of justice. The impeachment stemmed from his attempts to cover up a sexual relationship with White House intern Monica Lewinsky, including lying under oath during a deposition for a sexual harassment lawsuit.

Why was President Andrew Johnson impeached?

impeached in 1868 for violating the Tenure of Office Act by firing Secretary of War Edwin Stanton, a move intended to defy the Radical Republicans in Congress. His impeachment was driven by intense political conflict over Reconstruction policies, as Johnson opposed civil rights for formerly enslaved people and favored lenient treatment for former Confederates.

Why was President Trump impeached twice?

Donald Trump was impeached twice by the House of Representatives for abuse of power/obstruction of Congress (2019) and incitement of insurrection (2021). The first stemmed from pressuring Ukraine to investigate a political rival, while the second followed the January 6th Capitol attack. He was acquitted by the Senate both times.

• First Impeachment (December 18, 2019)

  • Charges: Abuse of power and obstruction of Congress.

  • Reason: Trump was accused of holding up $400 million in military aid to pressure Ukrainian President Volodymyr Zelenskyy to investigate Joe Biden and potential interference in the 2016 election.

  • Outcome: The Senate acquitted him on both counts in February 2020, largely along party lines.

• Second Impeachment (January 13, 2021)

  • Charge: Incitement of insurrection.

  • Reason: Following his claims of a stolen 2020 election, Trump was accused of inciting supporters who then launched a deadly siege on the U.S. Capitol on January 6, 2021, attempting to disrupt the certification of Joe Biden’s victory.

  • Outcome: Ten Republicans voted to impeach in the House, marking a bipartisan, historic second impeachment. He was acquitted by the Senate in February 2021 after leaving office, though it was the most bipartisan vote for conviction in U.S. history.