The Presidency and the Federal Courts

These flashcards cover key concepts related to the presidency, impeachment, powers, and the federal courts as discussed in the lecture.

Two contradictory expectations of the president

The president should be a powerful leader who solves national problems and also a humble citizen constrained by the system.

22nd Amendment

Limits the president to two elected terms, or a maximum of ten years if they succeeded to the office.

Accidental president

A vice president who becomes president due to the death, resignation, or removal of the incumbent.

Impeachment process

The House passes articles of impeachment by simple majority, followed by a Senate trial requiring a 2/3 majority vote for conviction.

Shadowed presidents since Watergate

Heightened focus on presidential ethics and transparency to prevent abuses of power.

Take Care Clause

Obligates the president to ensure that laws are faithfully executed, allowing broad enforcement discretion.

Cabinet

Group of heads of the 15 executive departments and key officials who advise the president.

Formal presidential powers

1. Commander-in-Chief, 2. Grant pardons, 3. Make treaties, 4. Nominate ambassadors and judges.

Informal presidential powers

1. Power to persuade public opinion, 2. Set agenda for Congress, 3. Unilateral actions.

White House Staff vs. EOP Staff

White House Staff are personal aides focused on immediate political needs, while EOP Staff are policy specialists providing substantive analysis.

Veto

Formal rejection of a bill, returned to Congress.

Pocket Veto

Occurs when a president does not sign a bill and Congress adjourns within 10 days, causing it to die.

Line-item Veto

Allows a president to reject specific parts of a spending bill; not allowed for the U.S. President.

Two presidencies thesis (Wildavsky)

The idea that the president has more power and success in foreign policy than in domestic policy.

Bully pulpit

The president's ability to influence and mobilize public opinion.

War Powers Resolution (1973)

Requires the president to notify Congress within 48 hours of troop deployment and limits troop presence without congressional approval to 60 days.

Iron Triangle

A stable, mutually beneficial relationship between a congressional committee, bureaucratic agency, and interest group.

Judicial Review

The power of the courts to declare laws and executive actions unconstitutional.

Senatorial courtesy

The practice of deferring to the preferences of senators from the president's party for district court nominees.

Writ of Certiorari

Order from a higher court to a lower court to send up the record of a case for review.

Judicial Activism

Judges interpret the Constitution broadly to adapt it to modern realities and address societal injustices.

Judicial Restraint

Judges interpret the Constitution based on its original meaning and avoid creating new policy.

Stare Decisis

The doctrine of following precedent in judicial decisions.

Federal judges' profile

Typically white, male, Protestant, politically connected with previous judicial or prosecutorial experience.

Majority opinion

The official decision of the Court that is binding as precedent.

Iron Triangle's impact

Allows sub-governments to make policy autonomously with little oversight from the president.

Criminal vs. Civil Law

Criminal law involves government prosecution of crimes; civil law involves disputes between private parties.

Two powers of the judiciary

Judicial independence to make impartial decisions and life tenure to avoid political pressure.