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ECU / Political Science / POLS 1010 / Who has the power to declare war?

Who has the power to declare war?

Who has the power to declare war?


School: East Carolina University
Department: Political Science
Course: Intro to American Government
Professor: Francia
Term: Fall 2016
Cost: 50
Name: Final Study Guide
Description: These notes cover what will be on the final exam!
Uploaded: 12/08/2016
4 Pages 138 Views 2 Unlocks

Government Final Study Notes

Who has the power to declare war?

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?

Presidential Requirements:

∙ 35 years old

∙ Natural born citizen

∙ Has resided in the United States for 14+ years 

What are the 3 requirements for being president?

Informal Requirements:

∙ 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? 

What is the most important legislative power that the president has?

o Congress 

∙ 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!

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