Unit 2

Presidential Powers

• Constitutional Powers: Powers explicitly granted to the president by the U.S. Constitution (e.g., veto, commander-in-chief).

• Formal Powers: Official powers listed in the Constitution, such as appointing judges and making treaties.

• Informal Powers: Powers not explicitly listed in the Constitution but exercised by the president, such as executive orders and setting legislative agendas.

Presidential Requirements

• Constitutional Requirements: The president must be at least 35 years old, a natural-born citizen, and a U.S. resident for at least 14 years.

• Electoral College: The system by which the president is elected, with each state having electors based on congressional representation.

Presidential Roles (Chief)

• Chief Legislator: Influences lawmaking and can sign or veto bills.

• Chief Diplomat: Directs foreign policy and negotiates treaties.

• Chief Administrator: Manages the executive branch and federal agencies.

• Chief Crisis Manager: Leads the country during emergencies and disasters.

• Chief of State: Acts as the ceremonial leader of the country.

• Commander-in-Chief: Oversees the military and national defense.

People Who Work for the President

• Cabinet Members: Heads of executive departments who advise the president.

• White House Staff, Aides, and Advisors: Close personal and political advisors, including the Chief of Staff and Press Secretary.

Congress and President Battle

• Informal Checks on the President: Media scrutiny, public opinion, and political party opposition.

• Formal Checks on the President: Congressional oversight, impeachment, judicial review, and the War Powers Act.

• Executive Privilege: The president’s right to withhold information from Congress or the courts in matters of national security.

• Executive Order: A directive issued by the president that has the force of law without needing congressional approval.

• Executive Agreement: An international agreement made by the president that does not require Senate approval.

• War Powers Act: Limits the president’s power to deploy military forces without congressional approval.

Bureaucracy General Terms

• Bureaucrats: Government officials and employees who implement laws and policies.

• Red Tape: Excessive rules and regulations that slow down decision-making in government agencies.

Checks on Bureaucracy from Congress, President, and Courts

• Appointment: The president nominates top bureaucratic officials, subject to Senate approval.

• Oversight: Congress monitors bureaucracy through hearings and investigations.

• Power of the Purse: Congress controls funding for bureaucratic agencies.

• Judicial Review: Courts can rule on the constitutionality of bureaucratic actions.

How Bureaucracy Checks Other Branches

• Iron Triangles: The relationship between bureaucratic agencies, congressional committees, and interest groups that shape policy.

• Administration: The execution of government policies by bureaucratic agencies.

• Implementation: The process of enforcing laws and carrying out policies.

• Regulation: The creation and enforcement of rules by bureaucratic agencies to control industry and society.

Types of Bureaucracy

• Departments (Bureaus, Agencies, etc.): Major executive branch organizations, such as the Department of Defense.

• Independent Regulatory Commissions: Agencies that regulate specific industries, like the Federal Reserve.

• Independent Executive Agencies: Agencies that operate independently from executive departments, like NASA

• Government Corporations: Government-run businesses that provide services, like the Postal Service or Amtrak.

Laws and Agencies Dealing with Bureaucracy

• Office of Management and Budget (OMB): Assists the president in preparing the federal budget and overseeing agencies.

• Office of Personnel Management (OPM): Manages the civil service system and federal hiring.

• Pendleton Civil Service Reform Act: Established the merit system for hiring federal employees, reducing patronage.

Concepts of Bureaucracy

• Merit vs. Patronage: Merit is hiring based on qualifications, while patronage is hiring based on political connections.

Judicial Terms General

• Stare Decisis: The principle of following legal precedents in court rulings.

• Innocent Until Guilty: The legal presumption that a defendant is innocent until proven guilty in court.

• Standing to Sue: The requirement that a party must be directly affected by an issue to file a lawsuit.

• Appeals: The process of requesting a higher court to review a lower court’s decision.

• Adversarial Checks on Judiciary: The system in which different parties in a case present opposing arguments to check judicial decisions.

• Impeachment: The process of charging and potentially removing a government official, including judges, for misconduct.

Courts

• Criminal Cases vs. Civil Cases: Criminal cases involve violations of law with potential penalties like imprisonment, while civil cases involve disputes between individuals or organizations.

• State Court vs. Federal Court: State courts handle cases involving state laws, while federal courts handle cases involving U.S. laws, constitutional issues, and disputes between states.

Supreme Court

• Nomination Process: The president nominates justices, who must be confirmed by the Senate.

• Senate Judiciary Committee: Reviews and questions Supreme Court nominees before a full Senate vote.

• Rule of Four: Four Supreme Court justices must agree to hear a case for it to be reviewed.

• Writ of Certiorari: A Supreme Court order requesting the records of a case from a lower court for review.

Ways to Think About Cases

• Judicial Activism: The belief that courts should actively interpret the Constitution to address societal needs.

• Judicial Restraint (Originalism): The belief that courts should interpret the Constitution strictly as it was originally written.

Here’s your study guide turned into digital flashcards:

The Executive Branch

Q: What is the main responsibility of the Executive Branch?

A: Enforcing laws

Q: Who is the head of the Executive Branch?

A: The President of the United States

I. Powers of the President

Q: Name three formal (constitutional) powers of the president.

A:

1. Commander-in-Chief of the military

2. Makes treaties (with Senate approval)

3. Appoints ambassadors, judges, and cabinet officials (with Senate approval)

Q: Name three informal (implied) powers of the president.

A:

1. Executive orders

2. Executive agreements

3. Executive privilege

II. The Executive Office of the President (EOP)

Q: What does the National Security Council (NSC) do?

A: Advises the president on military and foreign policy

Q: What does the Office of Management and Budget (OMB) do?

A: Prepares the federal budget

III. Checks on Presidential Power

Q: How can Congress check the president?

A:

1. Override vetoes

2. Approve appointments

3. Impeach/remove the president

Q: How can the Supreme Court check the president?

A: Declare executive actions unconstitutional

The Judicial Branch

Q: What is the main responsibility of the Judicial Branch?

A: Interpreting laws and ensuring they are constitutional

I. Structure of the Federal Court System

Q: What is the highest court in the U.S.?

A: The Supreme Court

Q: What do U.S. Courts of Appeals do?

A: Hear appeals from lower courts

Q: What are U.S. District Courts?

A: The trial courts for federal cases

II. Judicial Review

Q: What case established judicial review?

A: Marbury v. Madison (1803)

Q: What is judicial review?

A: The power to declare laws or executive actions unconstitutional

III. Judicial Philosophy

Q: What is judicial activism?

A: The belief that judges should broadly interpret the Constitution to address societal changes

Q: What is judicial restraint?

A: The belief that judges should defer to elected branches and interpret the Constitution narrowly

IV. Checks on Judicial Power

Q: How can Congress check the courts?

A:

1. Change laws

2. Propose constitutional amendments

3. Confirm justices

Q: How can the president check the courts?

A: Appoints justices and enforces court decisions

The Bureaucracy

Q: What is the main function of the bureaucracy?

A: Implementing and administering laws and policies

I. Structure of the Federal Bureaucracy

Q: What are the four types of bureaucratic agencies?

A:

1. Cabinet Departments (e.g., State, Defense, Treasury)

2. Independent Executive Agencies (e.g., NASA, EPA)

3. Independent Regulatory Commissions (e.g., FCC, SEC)

4. Government Corporations (e.g., USPS, Amtrak)

II. Functions of the Bureaucracy

Q: What are the three main functions of the bureaucracy?

A:

1. Implementation – Carrying out laws

2. Regulation – Enforcing rules

3. Administration – Managing public programs

III. Checks on Bureaucratic Power

Q: How can Congress check the bureaucracy?

A:

1. Cut funding

2. Conduct oversight

3. Approve agency heads

Q: How can the president check the bureaucracy?

A:

1. Appoint/remove officials

2. Issue executive orders

Q: How can the judiciary check the bureaucracy?

A: Declare regulations unconstitutional

IV. Criticisms of the Bureaucracy

Q: What are three common criticisms of the bureaucracy?

A:

1. Red Tape – Too many rules and procedures

2. Inefficiency & Waste – Slow and costly

3. Iron Triangles & Issue Networks – Special interests influence policymaking

Key Supreme Court Cases

Q: What did Marbury v. Madison (1803) establish?

A: Judicial review

Q: What was the ruling in U.S. v. Nixon (1974)?

A: Limited executive privilege

Q: What was the significance of McCulloch v. Maryland (1819)?

A: Expanded federal power through the Necessary and Proper Clause