Term
The Presidency and the Constitution: |
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Definition
- One of the primary problems that occupied the Framers was how much power could they safely cede to the office of the presidency
- Plus of Presidential authority: Offered the nation efficiency and decisiveness /
- Negative: threatened tyranny
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Term
Resolution of the problem: |
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Definition
- To resolve the problem they…
- Withheld nonessential authority from the office
- Included legislative checks on executive prerogatives (checked by Senate)
- The president’s constitutional powers do not add up to the forceful character of the modern presidency.
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Term
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Definition
- Congressional Delegation
- Presidential Assertion
- Formal vs. Informal Powers:
- Informal: The power to persuade
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Term
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Definition
- The executive branch implements policies set forth by congress
- President charges with faithfully executing laws passed by Congress (Implementing Policy)
- As chief executive, President is head of the federal bureaucracy:
- Appointment power: The president gets to appoint the top people in agencies (Ex: Cabinet Secretaries)
- Conformation of presidential appointments are confirmed by the Senate by simple majority
- If it fails the president can make a new appointment
- Executive Privilege: (Not in constitution, just understood since G. Washington)
- President’s right to withhold information from the other two branches
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Term
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Definition
- These are formal instructions from the president to bureaucratic agencies which have the force of law.
- A subsequent president can overturn these:
- Used to shape policy implementation
- Truman issued executive order to desegregate armed forces in 1947 (has remained…long standing)
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Term
Chief Legislature/ Lobbyist: |
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Definition
- The Constitution gives presidents only a modest role in the legislative arena.
- Can call Congress into a special session (ex: during a national emergency)
- FDR called Congress into a special session after Pearl Harbor
- Veto laws
- Must report “from time to time” to Congress on the state of the Union
- Promoting a legislative agenda:
- State of the Union Address/ Press opportunities
- Submission of Federal Budget (takes the first look at the budget, then Congress)
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Term
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Definition
Rarely used but highly effective: - Average is fewer than 10 vetoes a year
- Viewed as a negative Legislative Power
- President can’t re-write part of the bill
- It stops legislative
- Congressional Override: 2/3 majority of House and Senate to override the president’s decision
- Line-Item Veto: The president does not have line-item veto power (Clinton did for just over a year-Congress gave him this power-The court did not uphold this decision)
- They didn’t uphold it, because that gives them power to re-write legislation
- The choices for a regular veto is either accept it even if you don’t like everything or veto it even if you like certain parts
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Term
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Definition
- The Framers provided the president with broader authority to transact diplomatic affairs than to transact domestic ones.
- Treaty Negotiation: A president can implement one, but the Senate has to ratify the treaty with a two thirds vote (super majority)
- Executive Agreement (not formally stated in Constitution): Cannot supersede U.S. law and it remains in place only as long as both parties find their interests served by it.
- Diplomatic Recognition
- Appointment of Diplomats
- Represents U.S. at Summits/International Meetings
- G-8 NATO meeting
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Term
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Definition
- Constitutional duty
- Framers provided a check: Only Congress can declare war
- Not an effective check because:
- We have declared was via Congress: 5 in 200+ years (not since WW2)
- How many military engagements have we been involved in: +200
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