Government Final Study Notes
Yellow highlights = Important
Extra study tips at the bottom!
Good luck everyone!
Chapter 13: The Presidency
Article ll of the Constitution: “The executive power shall be vested in a President of the United States.”
Selecting the president:
∙ Decision - Selection by the people or selection by Congress? ∙ Compromised – Electoral College (538 Electors – 270 votes required to elect the president) Don't forget about the age old question of Is retained earnings an asset?
∙ 35 years old
∙ Natural born citizen
∙ Has resided in the United States for 14+ years
∙ Political experience (previous senator/governor)
o Dwight Eisenhower was the last president without this informal requirement until Trump
∙ White-Anglo-Saxon-Protestants dominate aside from Kennedy and Obama
∙ Roles of the President:
o Chief of State (acts on behalf of all Americans)
o Commander in Chief (in charge of military)
o Chief Jurist (judicial responsibilities)
o Chief Diplomat (manages U.S. relations with other nations) o Chief Executive (“boss” of executive branch)
o Chief Legislator (legislative powers) If you want to learn more check out When did the community start producing more antibiotics?
o Chief Politician (party leadership)
∙ Who has the power to declare war?
∙ War Powers Resolutions:
o Congress passed it in 1973 over Nixon’s veto
o The president must consult with congress before introducing troops into hostilities
o Has to report commitment of forces to congress within 48 hours
o Has to terminate the use of forces within 60 days if congress does not declare war, authorize force or extend the period by law ∙ Commander in Chief
o Congress is limited as to how much they limit the president in military situations
o They can threaten cutting off funds – this risks the label of “anti military”
o Congress can threaten impeachment but this requires 2/3 of the Senate (difficulty)
∙ The president’s judicial powers
o Can issue pardons and commute prison sentences Don't forget about the age old question of How cancers are named and staged?
o Can influence the federal judiciary through their nominations of judges (subject to senate confirmation)
o Appoint people in the Justice Department – this can determine positions on controversial legal matters
∙ President’s most important legislative powers
o The veto: presidential rejection of congressional legislation o This can stop a bill from being passed – can also use it to change the bill to his liking
o Congress can override the president’s veto with 2/3 majority in the House and Senate
∙ Pocket veto
o If the president does nothing while Congress is adjourned the bill dies, if the president does nothing and congress is in session the bill becomes law
∙ Executive Order
o Presidential directive that has the force of law – not enacted by congress. Can be overturned by Congress.
Chapter 13: The presidency
o Powers and duties of the president
o Expressed powers (powers granted to the president by the Constitution) If you want to learn more check out Does the disadvantage change when the context changes?
o Make treaties Don't forget about the age old question of What is free action in philosophy?
o Grant pardons
o Nominate judges and other public officials
o Authority to receive ambassadors
o Command the military
o Implied powers (powers necessary to allow president to exercise expressed powers)
o Myers v. U.S.
o Delegated powers (powers assigned to one agency but exercised by another agency with permission of first)
o Congress delegates power to president to develop means to execute its decisions
o Executive agreements: compacts made between the president and the heads of foreign governments Don't forget about the age old question of Which temperature favors thermodynamic products?
o does not have the force of international law and does not have to be honored when new government is elected
o there are many executive agreements – easy to approve o Article II of the constitution give the president their power/ “vesting clause”
o Signing statements: the presidents view of the bill he writes when signing the bill into law
Chapter 13- 14: The Presidency/the Courts:
o The executive branch has a cabinet – helps the president carry out responsibilities
o 15 departments
o “President’s advisory board for foreign and domestic affairs” o Helps the president deliberate on controversial matters to reach a more formal decision
o Helps the president obtain specialized info on policies
o The “most important” figure is the vice president though it is not really valued as such.
o Has to have same qualifications as the president
o Moving VP into presidency
o Assassination of JFK led to the question of who has power if the president is no longer able to go about his duties
Leads to ratification to the 25th amendment in 1967
President nominates a VP confirmed my majority of houses of congress
Previous VP becomes president
o First Lady
o A close advisor to the president
o Host social events, visit sick/wounded, promotes children’s issues, takes on noncontroversial issues
o During the New Deal the federal government became stronger – more responsibilities for the president and executive branch
o Plaintiff v. defendant
o Plaintiffs bring legal charges against another
o Defendants are being sued or charged with a crime
Chapter 14: The Courts
o Criminal Law
o Regulates conduct of individuals, defines crimes, specifies punishments for criminal acts
Gov is always the plaintiff
Matters range from traffic offense to murder
Defendants found guilty can be fined or go to jail
o Civil Law
o Deals with disputes that have no criminal penalties
Disputes among individuals, groups, corporations, other private entities
Losers of these cases will not be sent to jail but could have monetary damages for their actions
o Deciding cases
o Courts apply laws and legal precedents
Precedents are cases that have happened before – the judge uses basis from these cases to make decisions on
the case at hand
Stare decisis: let the decision stand
Courts are hesitant to overturn precedent
o More than 97% of court cases go to states courts
o Guilty verdicts have the option to appeal to a higher court o Appeal is heard in state court of appeals, state supreme court, government cannot appeal a not guilty verdict
o Appellate Court
o The party filing the appeal is an appellant – trial must show legal error from previous decision
o No witnesses
o No new facts
o If there are new facts the case goes back to a trial court o Plea bargain
o Negotiated agreement between prosecutors and the defendant o Defendant agrees to plead guilty in return for a reduction of severity of the criminal charges
o Highest court is the supreme court
Know about the Stamp Act, Study the Leaders! Good luck!