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Date Created: 08/22/14
Robin Luo Mr Stabert Honors US Government June 10 2013 FINAL EXAM STUDY GUIDE Chapter 13 0 President is simultaneously chief of state chief executive chief administrator chief diplomat commander in chief chief legislator party chief and chief citizen 0 Chief of state he is ceremonial head of govemment of US symbol of all people of the nation in some countries chief of state reigns but doesn t rule not true in US bc US Pres reigns and rules Chief executive he is vested by Constitution with executive power of US 6 that power is immensely broad in both domestic and foreign affairs Chief administrator director of huge executive branch of Fed Gov t he heads one of largest govemmental machines the world has known Chief diplomat main architect of American foreign policy and nation s chief spokesperson to rest of the world Commander in chief of armed forces he has direct and immediate control over the nation s entire military arsenal and the 14 mil ppl in uniform Chief legislator main architect of its public policies most often it is the pres who sets the overall shape of congressional agenda the Pres makes Congress enact much of its major legislation but sometimes clashes with Congress 0 These 6 presidential roles all come from Constitution but more 0 Chief of party the acknowledged leader of political party that controls executive branch much of real power and in uence wielded by pres depends on the manner in which he plays this critical role Chief citizen president expected to be representative of all people and work for and represent public interest against many different and competing private interests 0 Pres must play all of these roles simultaneously and they re all interrelated Formal Qualifications 0 Pres must be natural bom citizen of US 0 Be at least 35 years of age 0 Have been 14 years a resident within the US The President s Term Framers considered many different limits on length of presidential term and fmally settled on 4year term bc that was long enough period for pres to have gained experience demonstrated abilities and established stable policies Until 1951 Constitution placed no limit on of terms pres might serve o nothirdterm became tradition until FDR broke tradition by winning 4 terms and then 22 amendment made unwritten custom limiting presidential terms a part of written Constitution 0 each Pres may now serve max 2 full terms in office but a pres who succeeds to office after midpoint in a term could serve for more than 8 years bc pres may nish out predecessor s term and seek 2 full terms of hisher own 0 many argue for repeal of 22nd amendment bc it is undemocratic in that it places arbitrary limit on right of ppl to decide who should be pres 0 supports say is is reasonable safeguard against executive tyranny Pay and Bene ts Congress determines President s salary first set at 25000 and now 400000yr Also provided pres with 50000ayear expense allowance to be spent however the President chooses Constitution forbids the pres any other emolument from US or any of them but does not prevent pres from being provided with many benefits such as White House Air Force One Camp David etc Chapter 14 As chief executive Pres executes provisions of fed Law power to do so rests on 2 brief constitutional provisions first is oath ot otllce swom by Pres on 1 day and other provision is Constitution s command that he shall take care that the laws be faithfully executed President s power to execute law covers all fed Laws huge number and different subject matters like armed forces social security gun control etc o In executing and enforcing law executive branch also interprets it Constitution requires Pres to execute all fed Laws no matter what chief executive s own views of any of them may be but pres does decide how vigorously given law is applied Many laws that Congress passes are written in fairly broad terms Congress sets out basic policies and standards but specific details are left to be worked out by executive branch The Ordinance Power 0 Pres also deserves chief administrator title bc job of administering and applying fed Law is the work of all of many departments offices boards etc and other agencies Fed Gov t all those ppl who staff those agencies are subject to pres s control and direction 0 Pres can issue executive orders a directive rule or regulation that has effect of law ordinance power power to issue these orders arises from 2 sources Constitution and acts of Congress 0 In order to exercise those powers pres must have power to issue necessary orders as well as power to implement them 0 Congress has delegated more and more discretion to pres and to presidential subordinates to spell out policies and programs it has passed The Appointment Power 0 Pres needs loyal subordinates who support policies of pres s administration Appointees 0 With Senate consent and con rmation pres names most of topranking officers of Fed Gov t ambassadors and other diplomats cabinet members and their top aides the heads of such independent agencies as EPA and NASA all fed Judges amp US marshals amp attomeys and all officers in armed forces 0 Unwritten rule of senatorial courtesy plays important part in this process rule applies to choice of those fed Of cers who serve within a state rule holds that senate will approve only those fed Appointees acceptable to senators of pres s party from state involved 0 Practical effect of this custom is to place meaningful part of pres s appointing power in hands of particular senators Recess Appointments 0 Pres can t make appointments to fill up all vacancies that may happen during Recess of Senate 0 As rule pres have not usually given these appointments to highly controversial personalities or to someone whom Senate previously rejected 0 Over half of all fed Civilian work force selected on basis of competitive civil service examinations The Removal Power The Historical Debate 0 Some insisted restriction on presidential authority was essential to congressional supervision of executive branch but others argued that pres could not take care that laws be faithfully executed without free hand to dismiss those who were incompetent or otherwise undesirable latter view prevailed 0 The First Congress gave to pres power to remove any officer he appointed except fed Judges over the years Congress has tried to restrict pres s freedom to dismiss Removal and the Court 0 Question of pres s removal power did not reach SC until Myers v United States 1926 Congress had passed law in 1876 requiring senate consent before pres could dismiss postmasters but in 1920 without consulting senate Wilson removed Frank Myers as postmaster so Myers sued for salary for rest of 4 yr term 0 Court ruled law unconstitutional and that power of removal was essential part of executive power 0 SC did place limits on pres s removal power in 1935 in Humphrey s Executor v United States 0 General rule pres may remove those who pres appoints occasionally pres does have to remove someone but most often dismissal is called resignation Executive Agreements 0 executive agreement is a pact between the pres and head of a foreign state or between their subordinates don t require senate consent 0 most executive agreements ow out of legislation already passed by Congress or out of treaties to which Senate has agreed but pres can make these executive agreements without any congressional action The Power of Recognition 0 when pres receives diplomatic representatives of another sovereign state pres exercises power of recognition pres acknowledges legal existence of that country and its govemment o recognition does not mean one govemment approves of character and conduct of another US recognizes several govemments about which it has serious misgivings like China 0 Recognition often used as weapon in foreign relations 0 Pres may show American displeasure with conduct of another country by asking for recall of that nation s ambassador or other diplomatic representatives in this country 0 The official recalled is declared to be persoml non grc an unwelcome person Commander in Chief 0 Congress does have extensive war powers but pres dominates eld of military policy 0 Presidents delegate much of their command authority to military subordinates but are not required to do so 0 Most presidents have not become so directly involved in military operations but pres still always has final authority over and responsibility for all military matters Making Undeclared War 0 Presidents have often used armed forces abroad in combat without a declaration of war Congressional Resolutions 0 Congress has not declared war since WWII but has enacted joint resolutions to authorize pres to meet certain intemational crises with military force 0 Eisenhower sought to block designs that China had on Taiwan show of American resolve and presence of American warships defused situation 0 Congress gave Eisenhower authority to use force to check Soviet efforts to gain foothold in Middle Eastmarines dispatched to Lebanon to forestall 0 Congress authorized JFK to use armed forces to deal with dangers of installation of Soviet missiles in Cuba 0 Congress sanctioned any necessary military response to erection of Berlin Wall 0 Lyndon Johnson directed to take all necessary steps to defeat communist aggression in SE Asia 0 George HWBush gained congressional approval for military campaign to drive Iraq out of Kuwait intemational coalition led by US launched Desert Storm on Iraqi troops in Kuwait 0 GWBush given authority to use military force against those responsible for 9 ll 0 Congress agreed Bush should take whatever measures necessary and appropriate to eliminate threat posed by Saddam Hussein and his Iraqi dictatorship Other Uses of Military Power 0 Many other critical situations in which presidents have deployed nation s armed forces without congressional resolution to support the action lightningquick invasion of Grenada by Reagan invasion of Panama by George HWBush dispatch of American forces to Balkans by Clinton as part of NATO s response to civil war The War Powers Resolution 0 Many ppl wam of dangers inherent in pres s power to involve nation in undeclared wars 0 War Powers Resolution of 1973 designed to place close limits on pres s war making powers 0 Its central provisions require that 0 Within 48 hrs after committing American forces to combat abroad pres must report to Congress 0 Commitment of American forces to combat must end within 60 days unless Congress agrees to longer period deadline may be extended for up to 30 days 0 Congress may end combat commitment at any time by passing concurrent resolution Legislative Powers Recommending Legislation 0 Constitution says Pres shall give to Congress Info on State of Union and recommend measures as he shall judge necessary 0 This provision gives pres what is often called message power 0 Chief Executive regularly sends 3 major messages to Capitol Hill each year State of Union budget message and annual Economic Report 0 Also sends lawmakers many other messages on wide range of topics and calls on Congress to enact those laws he thinks to be necessary to welfare of country Veto Power 0 Every bill order vote etc to which concurrence of senate and House may be necessary shall be presented to Pres 0 4 options when pres receives measure passed by Congress sign bill to make law veto to retum to Congress not act to make into law in 10 days or pocket veto at end of congressional session in which if congress adjoums within 10 days of sending bill to pres and pres does not act on it measure dies Veto is signi cant weapon in Chief Executive s dealings with legislative branch mere threat of veto is often enough to defeat bill or to prompt changes in its provisions as it moves through the legislative process The LineItem Veto president rejects entire measure when he vetoes bill lineitem veto the power to cancel specific dollar amounts in spending bills enacted by Congress 0 supporters argue that lineitem veto would be potent weapon against wasteful and unnecessary fed Spending 0 opponents say that granting pres such authority would bring massive and dangerous shift of power to executive branch today no lineitem veto amendment 1996 Line Item Veto Act gave pres power to reject individual items in spending bills and to eliminate any provision of a tax bill that benefited fewer than 100 ppl 0 opponents of measure challenged it in courts and won in Clinton v New York City 1998 Other Legislative Powers in Article II Section 3 of Constitution only pres can call Congress into special session same constitutional provision also gives pres power to adj oum Congress whenever two houses cannot agree on date for their adj oumment Judicial Powers reprieve postponement of execution of a sentence pardon legal forgiveness of a crime pres s power to grant reprieves and pardons is absolute except in impeachment powers of clemency may be used only in cases involving federal offences presidential pardons usually granted after person has been convicted in court yet he may pardon federal offender before person is tried or charged 0 pardon must be accepted by person to whom it is granted to be effective 0 pardoning power includes power to grant conditional pardons provided conditions are reasonable also includes power of commutation power to commute reduce length of sentence or a fine impowed by a court 0 pardoning power also includes power of amnest in effect a blanket pardon offered to a group of law violators Chapter 15 Bureaucrac large complex administrative structure that handles everyday business of an organization Fed Gov t is largest organization in country What is a Bureaucracy Basically is an effective way to organize people to work 0 Bureaucracies found wherever there are large organizations found in public sector and private section US Air Force Mickie D s my school are all bureaucracies Three Features of a Bureaucracy 0 Bureaucracy is a system of organization built on these 3 principles 0 Hierarchical authority describes any organization built as pyramid with chain of command running from top of pyramid to bottom of cials and units at top of org have authority over those at bottom 0 Job Specialization each bureaucrat or person who works for org has certain defined duties and responsibilities 0 Formalized rules bureaucracy does its work according to set of established regulations and procedures The Bene ts of a Bureacracy 0 These 3 features make bureaucracy most effective way for ppl to work together on large complex tasks 0 Hierarchy can speed action by reducing con icts over who has power to make decisions job specialization promotes efficiency because each person in org is required to focus on one particular job formalized rules mean workers can act with some speed and precision because decisions are based on set of known standards not on inclinations 0 Public bureaucracies their bureaucrats hold appointive offices Bureaucrats are unelected publicpolicy makers Maj or Elements of the Federal Bureaucracy 0 Article 11 suggests executive departments by giving to pres the power to require the Opinion of the principal Officer in each of executive Departments 0 Article II anticipates 2 departments in particular one for military and one for foreign affairs 0 Constitution is silent on organization of executive branch framers understood that no matter how wise pres and Congress their decisions still had to be acted upon to be effective 0 Without an administration gov ts many administrators and agencies even the best policies would amount to just so many words and phrases 0 Executive branch composed of 3 broad groups of agencies Executive Office of Pres 15 Cabinet departments and large number of independent agencies The Name Game 0 The name department is reserved for agencies of Cabinet rank others include agency administration commission corporation and authority 0 Agency often used to refer to any govemmental body sometimes used to identify major unit headed by single administrator of nearcabinet status 0 Commission given to agencies charged with regulation of business activites such as FCC 0 Corporation or authority is title most often given to those agencies that conduct businesslike activities corporations and authorities headed by board and manager 0 Within each major agency same confusing lack of uniformity in use of names is common 0 Many fed Agencies often referred to by initials EPA IRS FBI CIA etc Staff and Line Agencies Staff agencies serve in a support capacity and aid chief executive and other administrators by offering advice and other assistance in management of organization Line agencies actually perform tasks for which organization exists Congress and pres give line agencies goals to meet and staff agencies help the line agencies meet these goals as effectively as possible 2 illustrations of this distinction are several agencies that make up Executive Office and EPA agencies that make up Exec Office of Pres exist as staff support to pres and mission is to assist pres in exercise of executive power and in overall management of exec branch 0 EPA has different mission responsible for enforcement of many fed antipollution laws Chapter 16 Constitution declares that President shall nominate all SC judges 0 Senate has major part in selecting all fed Judges particularly those in nation s 94 district courts 0 President can name to fed bench anyone senate will confirm o Unwritten rule means that president almost always selects someone the senators from State recommend 0 Presidents look to their own political party in making judicial appointments bc the judges he appoints may serve for decades and he needs them to agree with his own legal political economic and social views Concepts of judicial activism and judicial restraint also affect judicial selection process fed Judges often decide questions of public policy and in doing so they shape public policy 0 Proponents of judicial restraint believe judges should always try to decide cases on basis of 1 original intent of those who wrote Constitution or enacted statute and 2 precedent in line with previous decisions in similar cases 0 Those who support judicial activism think judges should act more boldly and argue law should be interpreted and applied in ligh of ongoing changes in conditions and values Pres and attomey general take lead in selecting fed Judges Terms and Pay of Judges Judges of constitutional courts are appointed for life until they resign retire or die Grant of life tenure for most judges ensures independence of federal judiciary Judges who sit in special courts are not appointed for life Congress sets salaries of all fed Judges and has provided a generous retirement arrangement for them retire at age 70 and if served for at least 10 years receive full salary for rest of their lives or retire at full salary at 65 after 15 years service Court Officers Fed Judges have little involvement in administrative operations of courts over which they preside primary mission is to hear and decide cases Judges of each of 94 district courts appoint l or more US magistrates appointed to 8 year terms and handle number of legal matters once dealt with by judges themselves 0 Each fed judicial district also has a least one bankruptcy judge who handle bankruptcy cases under direction of district court to which they are assigned President and senate also select US States marshal to serve each of the district courts they perform duties much like those of a county sheriff and make arrests in fed criminal cases hold accused persons in custody secure jurors etc The Supreme Court Judicial Review Courts have power to decide constitutionality of an act of govemment whether exec legislay or judish ultimate exercise of that power rests with SC of US Marbury v Madison Jefferson and DemocraticRepublicans had won presidency and control of both houses of Congress and the defeated federalists tried to pack judiciary with loyal party members William Marbury appointed justice of peace for DC Senate confirmed his appointment and Adams signed commissions of office for Marbury and other new judges 0 Jefferson was angry at attempted courtpacking and told Madison not to deliver those commissions to the midnight justices so Marbury went to SC seeking writ of mandamus to force deliver Court refused Marbury s request bc it found section of Judiciary Act on which Marbury had based his case to be in con ict with Constitution and thus void Marshall s opinion based on 3 propositions 1 Constitution is supreme law of land 2 all legislative acts and other actions of govemment are subordinate to supreme law and cant be allowed to con ict with it 3 judges swom to enforce provisions of constitution so must refuse to enforce govemment action in con ict with it The Effects of Marbury Chief Justice Marshall claimed for SC right to declare acts of Congress unconstitutional and so laid the foundation for judicial branch s key role in development of American system of govemment Supreme Court Jurisdiction Has both original and appellate jurisdiction most cases come on appeal from lower courts 0 Article 111 Section 2 of Constitution spells out 2 classes of cases that may be heard by High Court in original jurisdiction 1 those to which State is a party and 2 those affecting ambassadors other public ministers consuls 0 Congress cannot enlarge on this constitutional grant of original jurisdiction but can implement the constitutional provision 0 Court shall have originalexclusive jurisdiction over all controversies involving two or more States and all cases brought against ambassadors or other public ministers but not consuls How Cases Reach the Court 0 Some 8000 cases appealed to SC each year but SC accepts only a few hundred most petitions denied bc most justices agree with decision of lower court or believe case involves no signi cant point of law rule of four 0 More than half cases decided by SC disposed of in brief orders 0 Most cases reach SC by writ at certiorari writ is order by Court directing lower court to send up the record in given case for its review either party can petition Court to issue writ but cert is granted in a limited number of instances only when petition raises some important constitutional question I When certiorari is denied decision of lower court stands in that particular case 0 Few cases reach Court by certi cate process used when lower court is not clear about procedure or rule of law that should apply in a case lower court asks SC to certify answer to specific question in the matter How the Court Operates Oral Arguments 0 They hear oral arguments in several cases for two weeks while SC is hearing oral arguments it convenes at 1000AM on Mon Tues Wed and sometimes Thur Briefs 0 Written documents filed with Court before oral arguments begin these detailed statements support one side o a case presenting arguments built largely on relevant facts and citation of previous cases 0 Court may also receive amicus curiae briefs filed by persons or groups who are not actual parties to a case but who nonetheless have a substantial interest in its outcome 0 Solicitor general often called Fed Gov t s chief lawyer he represents US in all cases to which it is party in SC and may appear for gov t in fed Court 0 Solicitor general also decides which cases gov t should ask SC to review and what position US should take in those cases it brings before the High Court The Court in Conference 0 Chief Justice presides he speaks first on each case to be considered and usually indicates how he intends to vote then each associate justice summarizes his or her views 0 About 13 of courts decisions are unanimous but most find Court divided Opinions When Chief Justice is in majority on case he assigns writing of Court s opinion when he is in minority the assignment is handled by senior associate justice on majority side Court s opinion often called maiorijg opinion announces Court s decision in a case and sets out reasoning on which it is based 0 Court s written opinions are exceedingly Valuable they stand as precedents to be followed in similar cases as they arise in lower courts 0 One of more of justices who agree with Court s decision may write concurring opinion to add or emphasize point that was not made in majority opinion 0 One or more dissenting opinions are often written by those justices who do not agree with Court s majority decision On rare occasions the SC does reverse itself
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