Federalist 70
an essay by Alexander Hamilton that focused on the importance of a single energetic executive
22nd Amendment
Limits the presidency to two terms, ratified in 1951
formal powers
powers expressly granted in the Constitution
informal powers
powers not laid out in the Constitution but used to carry out presidential duties
chief executive
the presidential role that involves carrying out the laws of the nation
Article II
Constitutional article that defines the executive branch
cabinet
The president’s collection of advisors and secretaries that act as the link between him and the bureaucracy
chief diplomat
the presidential role that involves guiding foreign policy and interacting with the heads of other nations
treaty
an agreement with a foreign government negotiated by the president and requiring a two-thirds vote in the Senate to ratify
chief legislator
the presidential role that involves helping to set the Congressional agenda and shaping laws
State of the Union Address (s)
the annual speech from the president to Congress updating that branch on the state of national affairs
significance:
veto
formal rejection by the president of a bill that has passed both houses of Congress
pocket veto
an informal veto caused when the president chooses not to sign a bill within ten days, during a time when Congress has adjourned at the end of a session
commander-in-chief
the presidential role that involves having control and command of the Army and Navy
presidential pardon
presidential authority to release individuals convicted from a crime of legal consequences and forgive an individual and set aside punishment for a crime
executive privilege
a right claimed by presidents to keep certain conversations, records, and transcripts confidential from outside scrutiny, especially that of Congress
executive agreement
an agreement between a president and another nation that does not have the same durability as a treaty but does not require Senate ratification
signing statement
written comments issued by presidents while signing a bill into law that usually consist of political statements or reasons for signing the bill but that may also include a president’s interpretation of the law itself
executive order (e,s)
policy directives issued by presidents that do not require congressional approval
example:
significance:
War Powers Resolution
a law passed over President Nixon’s veto that restricts the power of the president to maintain troops in combat for more than sixty days without congressional authorization
impeachment
the process of removing a president from office, with articles of impeachment issued by a majority vote in the House of Representatives, followed by a trial in the Senate, with a two-thirds vote necessary to convict and remove
U.S. v. Nixon
A 1974 Supreme Court case that affirmed the power of executive privilege but recognized that it was not absolute (Nixon needed to hand over those tapes!)
25th Amendment
Establishes presidential succession: vp → speaker of the house → president pro tempore → cabinet secretaries
Executive Office of the President
a collection of offices within the White House organization designed mainly to provide information to the president
National Security Council
an office within the Executive Office of the President concerning matters of national security
White House Office
A part of the EOP headed by the Chief of Staff which includes important directors, deputies, and other staff members
White House Press Secretary
the president’s spokesperson to the media who conducts press briefings
bargaining and persuasion
informal tool used by the president to persuade members of Congress to support his policy initiatives
bully pulpit
presidential appeals to the public to pressure other branches of government to support his policies
going public
a tactic through which presidents reach out directly to the American people with the hope that the people will, in turn, put pressure upon their representatives and senators to press for a president’s policy goals
honeymoon period (s)
a period of time at the beginning of a new president’s term where relations with Congress and the press are favorable - usually lasts 6 months
significance: can give the president a big boost in efficiency in passing legislation
Hamdi v. Rumsfeld
Yaser Hamdi (American citizen) was detained indefinitely in Afghanistan and accused of being a Taliban fighter - eventually transferred to Guantanamo Bay
Was his Fifth Amendment right to due process violated? yes
President did not have a blank check to hold American citizens just because of state of war
Hamdi had right to a hearing before a “neutral decision maker”
Concepts:
Major ways that Congress can check the powers of presidency (see Table 5.1)
Power of the purse
override vetoes
OVERSIGHT
Declare war
impeachment
The roles played by the Vice-President
president of the Senate
successor in case something happens to the president
Modern trends regarding fluctuations in presidential approval ratings
Approval ratings typically are lowest at the end of term and highest at the start of term
Presidential actions on January 6, 2021 that raised concerns about democratic norms in the U.S.
Inciting of violence and insurrection
Election denial