Federalist 70 (by Alexander Hamilton)
Key Ideas:
Advocates for a strong, energetic executive.
Argues that a single president is more effective than a plural executive (multiple people in charge).
Emphasizes the importance of decisiveness in the executive, suggesting that a strong president can act swiftly and efficiently, which is necessary in times of national crisis.
Stresses the need for accountability and that a unitary executive is easier to monitor and hold accountable.
Highlights the importance of energy in the executive branch for a functioning government.
Federalist 78 (by Alexander Hamilton)
Key Ideas:
Focuses on the judiciary's independence and the importance of life tenure for judges to avoid political pressures.
Argues that the judiciary is the weakest branch of government and that it has "neither force nor will, but merely judgment."
Emphasizes that courts should have the power of judicial review to ensure laws are consistent with the Constitution.
The judiciary should act as a check on legislative and executive powers, thus protecting individual rights.
Formal Roles:
Chief Executive: Enforces laws, executive orders, and manages the federal bureaucracy.
Commander-in-Chief: Leads the military.
Chief Diplomat: Manages foreign relations and negotiates treaties (with Senate approval).
Chief Legislator: Influences the legislative agenda, signs bills, or vetoes them.
Head of State: Symbolic leader of the nation.
Economic Leader: Oversees the nation’s economic policy.
Party Leader: Leads their political party.
Staff: Includes the Cabinet, White House staff, Chief of Staff, and National Security Council.
Must be at least 35 years old.
A natural-born citizen of the United States.
Must have been a resident of the U.S. for at least 14 years.
Formal Powers: Defined by the Constitution (e.g., veto power, commander-in-chief, treaty-making).
Informal Powers: Not explicitly stated but inferred (e.g., executive orders, executive agreements, issuing signing statements, influencing public opinion).
Executive Orders: Directives issued by the president that have the force of law but do not require Congressional approval.
Executive Agreements: International agreements made by the president without Senate approval, typically concerning routine matters.
Executive: Can be checked by Congress (e.g., impeachment, overriding vetoes), Judiciary (e.g., judicial review).
Bureaucracy: Can be checked by Congress (e.g., budget control, oversight), President (e.g., appointments).
Judiciary: Can be checked by Congress (e.g., altering the structure of courts), Executive (e.g., presidential appointments).
Initiated in the House of Representatives by a majority vote.
If passed, the case moves to the Senate, where a trial is held.
The president can be removed from office by a two-thirds majority vote in the Senate.
The media plays a key role in shaping public perceptions of the president.
Presidents rely on public opinion for political support, particularly during times of crisis or when trying to pass legislation.
Press conferences, social media, and public addresses are key tools presidents use to communicate with the public.
Over time, presidential power has expanded, particularly in foreign policy and national security.
War Powers Resolution (1973) attempts to limit the president’s ability to engage in military action without Congressional approval.
Primaries and Caucuses: Voters select their preferred candidates for the general election.
National Conventions: Party delegates formally nominate the candidate.
General Election: Voters select the president indirectly through the Electoral College.
Each state has electors equal to its number of Congressional representatives (Senators and House members).
Winner-takes-all system in most states, except in Maine and Nebraska.
A candidate needs a majority of electoral votes (270 out of 538) to win the presidency.
Implements and enforces federal laws.
Consists of various agencies and departments (e.g., FBI, EPA).
Provides expertise and continuity in policy-making.
The ability of bureaucrats to make choices regarding the best way to implement laws.
Congress conducts oversight of the executive branch through hearings and investigations to ensure laws are being executed properly.
The relationship between Congressional committees, bureaucratic agencies, and interest groups that work together to shape policy and benefit each other.
District Courts: The trial courts where federal cases begin.
Circuit Courts: Intermediate appellate courts that hear appeals from district courts.
Supreme Court: The highest court with the power of judicial review.
The Supreme Court is composed of 9 justices, and its decisions shape constitutional law.
Ideology influences judicial decisions, as justices may interpret the Constitution through different philosophical lenses (e.g., liberal, conservative, originalist, living constitutionalist).
Judicial Activism: Judges interpret the Constitution in a way that reflects modern values and may involve striking down laws or executive actions.
Judicial Restraint: Judges limit their power, deferring to the legislative and executive branches unless there is a clear violation of the Constitution.
The principle of stare decisis means courts generally follow precedents set by previous decisions, ensuring legal stability and consistency.