Unit IV “Institutions” Review: Chapter #13 – The Presidency
Assignment: Ask a question that you need assistance with and answer a question submitted by another student for each chapter in Unit IV.
Assignment: Ask a question that you need assistance with and answer a question submitted by another student for each chapter in Unit IV.
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Please describe the “imperial presidency” and the “imperiled presidency”.
What limit (check of power) is placed on Presidents issuing Executive Orders?
What effect do presidential elections have on congressional elections?
What is the War Powers Act of 1973 and what is its significance?
QUESTION: What is the War Powers Act of 1973 and what is its significance?
ANSWER: The War Powers Act of 1973 is also known as the War Powers Resolution. Congress passed it in reaction to American fighting in Vietnam and Cambodia. The law was intended to give Congress a greater voice in the introduction of American troops in hostilities. It requires the president to consult with Congress whenever possible prior to using military force and to withdraw forces after 60 days unless Congress declares war or grants an extension. Presidents view this as unconstitutional. The significance of it is that presidents have ignored the law and sent troops to hostilities without effectual consulting with congress and the legislature finds it difficult to challenge the president.
How has the power of the president grown over the years?
What is impoundment?
Why would the President choose to do this?
Can Congress override it?
QUESTION: How has the power of the president grown over the years?
ANSWER: There is more to presidential power than the Constitution alone suggests. Presidents owe much of their expanded power to technology (electronic throne). Presidents themselves have taken the initiative to develop new roles for the office. Taking on more responsibility and utilizing all available resources has also helped expand presidential power. For example, Thomas Jefferson was the first leader of a mass political party. Andrew Jackson presented himself as the direct representative of the people. Abraham Lincoln mobilized the country for war. The role of the president has changed as America has increased in prominence on the world stage. Again, technology has reshaped the presidency. Another important thing to remember: the idea of the president receiving too much credit when things go well and too much blame when things go wrong.
What are the next four offices in order of succession after the president? In addition, name the people (and their respective parties) who currently occupy these positions.
What are the next four offices in order of succession after the president? In addition, name the people (and their respective parties) who currently occupy these positions.
1) Vice President/President of the Senate: Joe Biden (D)
2) Speaker of the House of REpresentatives: Nancy Pelosi (D)
3) President Pro Tempore of the Senate: Robert Byrd (D)
4) Secretary of State: Hillary Rodham Clinton (D)
See Presidential Succession Act of 1947.
Who are the most important advisors of the president, and what do they do? (People and offices would be cool).
Does the Presidency have more power when they are more popular or when they control the majority in Congress?
What options are available to the President after Congress passes a bill?
What is the difference between an “Executive Agreement” and an “Executive Order”?
What is the difference between the “Office of Management and Budget” and the “Congressional Budget Office”?
What is impoundment?
Why would the President choose to do this?
Can Congress override it?
Impoundment is basically when a president refuses to spend money that Congress has appropriated for a certain cause. Jefferson was the first President to use this power. It is similar to Congress’s power of the line item veto. A president would use it if he agreed with all but a small portion of a bill. Technically, if Congress questions a case of impoundment, it should not be allowed to occur. The Congressional Budget and Impoundment Control Act of 1974 made impoundment illegal. Now if a president is unwilling to spend funds, he is supposed to propose the removal of the specific appropriations from the bill and ask Congress to approve the change within 45 days. In most cases, Congress ignores that request.
How has presidential power grown and how could it be shrunk? If presidential power grows too much, would Congress be able to stop it?
Q: What are the next four offices in order of succession after the president? In addition, name the people (and their respective parties) who currently occupy these positions.
A: ~Vice President – Joe Biden(D)
~Speaker of the House – Nancy Pelosi(D)
~Senate Pro Tempore – Robert Byrd(D)
~Cabinet member in order of the date that their office was established.
*Secretary of State – Hillary Rodham Clinton(D)
Define the Twenty-second Amendment and the Twenty-fifth Amendment to the Constitution. What was the history behind both of these Amendments?
What was the background, the ruling, and the significance of The New york Times vs. U.S.?
What was the Congressional Review Act?
What are the next four offices in order of succession after the president? In addition, name the people (and their respective parties) who currently occupy these positions.
After the President is impeached, resigns, declared unstable(25th Amendment), or passes away succession is as follows.
1st. Vice President: Joe Biden – Democrat
2nd. Speaker of the House: Nancy Pelosi – Democrat
3rd. Pro tempore of the Senate: Robert Byrd – Democrat
4th. Secretary of State: Hillary Clinton – Democrat
Question:
What are the next four offices in order of succession after the president? In addition, name the people (and their respective parties) who currently occupy these positions.
Answer:
Vice President: Joe Biden (D)
Speaker of the House: Nancy Pelosi (D)
President Pro-Tem: Robert Byrd (D)
Secretary of State: Hillary Clinton (D)
As the individuals holding the office of presidency vary more in physical appearance, i.e. more minorities hold the presidency, how will the power of the president and/or his/her role in society change?
What are the next four offices in order of succession after the president? In addition, name the people (and their respective parties) who currently occupy these positions.
1. Vice President Joe Biden D
2. Speaker of the House Nancy Pelosi D
3. Senate Pro-Tempore Robert Byrd D
4. Secretary of State Hillary Clinton D
Define presidential coattails.
What was the purpose of the 25th amendment?
Define presidential coattails.
What was the purpose of the 25th amendment?
Presidential coattails are those elected officials that are said to be elected because they are members of the President’s party.
The purpose of the 25th amendment was to specify what to happen to declare a President disabled. The Vice President, along with the Cabinet, can declare the President disabled or the President can declare himself disabled to the Congress. It also outlines how to fill the VP office if it becomes vacant and how the President can reclaim his office.
What is the job of the Attorney General?
What is an example of an Executive Agreement? And how does this differ from Executive Orders?
Please describe the “imperial presidency” and the “imperiled presidency”.
Imperial Presidency is the notion that the President is above the law and he/she makes says what the law is. Basically, it is like the president is far too powerful for the nation’s own good. An imperiled presidency is one that is very weak and not really accomplishing anything. Basically, a stalemate presidency that was too weak for the nation’s good.
QUESTION: Define “Presidential Coattails”. What was the purpose of the 25th Amendment?
ANSWER: “Presidential Coattails” is a term used to describe an incident where constituents vote for a congressional candidate of the president’s party not simply because they support the actual candidate, but because they support the president. This is an ideal situation for incoming presidents because they will then have more support. However, studies have shown that few Congressional elections are decided in this fashion. The connection between presidential and congressional voting is lessening – an example of this is the trend that the president’s party typically LOSES seats during the midterm elections, while the opposition party gains seats.
The 25th Amendment addresses presidential succession. While it was established that the Vice President would become the president if the position was vacated due to death, resignation, or impeachment, it was not clear as to what would happen if the president was “disabled”. This problem needed to be addressed. For example, Woodrow Wilson suffered a stroke, and his wife basically took over for him. Thus, the 25th Amendment was ratified. It states that the President informs Congress of the disability, and the Vice President becomes the “Acting President”. However, if the President is unable to inform Congress of a disability (example = coma), the Vice President and a majority of the Cabinet secretaries goes to Congress and receives approval. The Vice President would then become Acting President. In terms of both cases, the President can regain the powers of his office by informing Congress that he intends to return. Congress has the ultimate say and actually decides who shall be president.
Q: What is impoundment? Why would the President choose to do this? Can Congress override it?
A: Impoundment is when Congress permanently or temporarily stops the flow of funds that Congress has already approved or diverts them to projects not originally intended. It is not a usual practice of the President but of Congress in order to control their projects and ensure that the bureaucrats follow procedures and the wants and wishes of Congress. I don’t think the President can do anything about it because Congress has the power of the purse.
What is the purpose of the War Powers Act that Congress passed, and how does it affect the executive and legislative branches today?
“What was the background, the ruling, and the significance of The New york Times vs. U.S.?”
I do believe that it arose when the Times got a hold of leaked information concerning the Watergate scandals. Nixon attempted to sue the Times for printing the details. The Supreme Court then ruled that the U.S. Government couldn’t get the Times in trouble for something that they were planning to print yet had not done so. Nixon’s justification was that the information was classified information. However, the Court ruled the case as a violation of the First Amendment together with the case United States v. Washington Post Co.
Please describe the role of the O.M.B.. How does it compare to the C.B.O.?
What are the necessary steps that congress must take in order to impeach a president? What must they do to remove him/her from office?
Q: What is the job of the Attorney General?
A: The Attorney General is the head of the Department of Justice and is the chief law enforcement officer of the U.S. government. He/she also represents the government in the Supreme Court (U.S. Attorneys represent the government at federal/district courts). The Attorney General requires Presidential nomination and Senate approval.
The Attorney General was established as a part of the Judiciary Act of 1789. Currently the U.S. Attorney General is Eric Holder.
Does the Presidency have more power when they are more popular or when they control the majority in Congress?
I believe that the president is much more powerful when they have a high approval rating (popularity) because of two reasons. The first is that if the people really like the president (example being 70% approval), then the Congress is more likely to vote for the president’s suggestions. This is due to the fact that Congress is supposed to represent it’s constituents: if many people like the president, then the Congress members should be in favor of the president as well. Secondly, if you look at the honeymoon period of the president, it is almost always at their highest approval rating, and at this time, most of the bills are passed.
What are pardons and amnesty when referring to the president as a Chief Jurist?
And also, what are hold and how are they used?
Why was the line-item veto, enacted briefly under Clinton, declared unconstitutional?
What are the necessary steps that Congress must take in order to impeach a president? What must they do to remove him from office?
In order to impeach a president, the House of Representatives must, by a majority vote, indict the president for “Treason, Bribery, or other high Crimes and Misdemeanors.” Then the Senate tries the president, with the Chief Justice of the Supreme Court presiding. In order to remove the president from office, the Senate must convict the president with a two-thirds vote.
What organizations are located in the Eisenhower Executive Office Building?
How do these organizations serve the President?
How does presidential impeachment work? Please explain in detail how the impeachment process works.
Q: What options are available to the President after Congress passes a bill?
A:
1. President my sign the bill
2. President may veto the bill
3. President may ignore the bill-he would wait 10 business days until the bill simply went into law
4. President may pocket veto the bill-he would wait ten business days after congress has ajourned and the bill simply dies becuase he has neither signed nor vetoed the bill.
What was the background, the ruling, and the significance of The New york Times vs. U.S.?
In what became known as the “Pentagon Papers Case,” the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. The President argued that prior restraint was necessary to protect national security. This case was decided together with United States v. Washington Post Co.
In its per curiam opinion the Court held that the government did not overcome the “heavy presumption against” prior restraint of the press in this case. Justices Black and Douglas argued that the vague word “security” should not be used “to abrogate the fundamental law embodied in the First Amendment.” Justice Brennan reasoned that since publication would not cause an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified.
What is the difference between an “Executive Agreement” and an “Executive Order”?
What is the difference between the “Office of Management and Budget” and the “Congressional Budget Office”?
Executive agreements are as binding as treaties, but don’t require the consent of the Senate and deal with routine, non-controversial subjects.
Executive orders are as binding as laws, but don’t require the consent of Congress.
The Office of Management and Budget (OMB) was created in 1921 out of the Bureau of the Budget. Its major responsibility is to prepare the President’s budget.
The Congressional Budget Office (CBO)’s purpose is analyzing the President’s budget and making economic projections about the performance of the economy, the cost of proposed policies and the economic effects of taxing and spending alternatives.
Why did some of the founders want a direct election of the President? What was the compromise between those who wanted direct election and those who did not?
Why was the line-item veto, enacted briefly under Clinton, declared unconstitutional?
Simply put, the line-item veto gave the President too much power. The Supreme Court decided that the system of checks and balances is in place for a reason, and this power put the President a step above the legislative branch. Also, a common criticism was that in addition to being called “The Chief Executive,” he could now be referred to as “The Chief Legislator.” As seen in the Constitution, the legislative branch is supposed to be the highest legislator, not the President.
It is also good to note that many Governors still have the power of the line-item veto…
What gives the President the power to issue executive orders?
Question: Why was the line item veto declared unconstitutional?
Answer: In Clinton vs. New York (1998) the congress struck down line item veto because it was a violation of separation of powers. The line item veto would have enabled the president to legislate, a function reserved only for Congress.
QUESTION: What is the purpose of the War Powers Act that Congress passed, and how does it affect the executive and legislative branches today?
ANSWER: The purpose of the War Powers Act was for congress to have a greater say in introduction of troops. One event that spurred it was Vietnam. The law required the president to consult with congress before using military force, mandated withdrawal after 60 days unless congress granted and extension, and made it so, at any time, congress could pas a concurren resolution ending participation in hostilaties. Today, it is not really still affecting either branch because every president has ignored. The reason for this is because most people believe that if this act were to go in front of the supreme court it would be ruled unconstitutional because it is a legislative veto.
What were some of the alternatives to a president that were deliberated at the Constitutional Convention?
How has the power of the President grown over the years?
The power of the President has grown through the increasing prominence of the United States as a world power, through the development of technology, and through the powers that Presidents’ have acquired by being the head of the American military and the wars that America has fought in.
Why is the power of executive orders relevant to the imperial presidency?
Why are executive orders important to the President?
What are some examples of recent executive orders?
Honestly, what is the point of the twentieth amendment also known as the “Lame Duck Amendment”?
Q. What was the Congressional Review Act?
A. The Congressional Review Act was a part of the Small Business Regulatory Enforcement Fairness Act of 1996 also called the Contract with America Advancement Act. It allows Congress to review every new federal regulation issued by government agencies and by passage of a joint resolution, overrule a legislation. For further clarification, a joint resolution is pretty much the same thing as a bill, that requires the same approval from the Senate and House before it can be presented to the President.
Whar are the odds that the coattail effect would actually take place, even in a landslide election?
Q: What is the difference between an “Executive Agreement” and an “Executive Order”?
A:An Executive Agreement is like a treaty but it doesn’t require Senate ratification. Currently Executive Agreements are used for more important treaties. This is because ratifying a treaty takes time and some Presidents don’t want to take the time to wait for ratification.
An Executive order is a regulation that is issued by the president and it carries the force of law. This is one method the president has in order to control the bureaucracy.
What is the purpose of a line-item veto?
What are examples of Presidents using this type of veto?
Q. What gives the President the power to issue executive orders?
A. Article 1 section 1 of the constitution
Why are speaking fees illegal while a president is in office?
Why did some of the founders want a direct election of the President? What was the compromise between those who wanted direct election and those who did not?
The direct election of the President allows for Democracy which is what this country stands for. The founders feared that the people would be swayed by demagogues who would lead the people to elect someone who is not up to the job of being President. The compromise was that there would be an electoral college whose duty it would be to elect the President. This College was to be made up of learned citizens from each state who would be able to make a wise decision on whom would run the country. The founders believed that there would be gridlock when electing the President. This would lead to the election of the President by the House and of the Vice President by the Senate.
How has the use of executive agreements changed and how were they intended to be used?
Does the Presidency have more power when they are more popular or when they control the majority in Congress?
Well, let’s see here. I would have to say that the president obtains more power when they control the majority in Congress. I believe this because Congress controls all the bills and stuff, whereas people just like the president if he (or potentially “she” haha) is popular. Congress would be more likely to go along with the president if they were of the same party because they have similar belifs.
Why was the line item veto denied to the Presidency?
Why is the power of executive orders relevant to the imperial presidency?
Why are executive orders important to the President?
What are some examples of recent executive orders?
Executive orders are relevant to the imperial presidency because it expands the power that the President has. They are just as binding as a law, but the President does not have to pass them through Congress, making the executive order take effect immediately instead of having to wander through Congress. An example of an executive order is that of President Obama shutting down Guantanamo Bay. He ordered it to close with out having to make it pass through Congress. President Bush created the Office of Homeland Security using an executive order.
I understand what executive orders are…I don’t understand why they work- they seem unconstitutional…which is probably why they aren’t issued in the constitution. Someone clear this up for me, please.
What gives the President the power to issue executive orders?
Article 2, Section 3:
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Also, the president is the head of the executive branch- which gives him imperial power.
Why are fewer congressional candidates winning elections through the presidential coatail?
Because the three branches of government depend on each other to accomplish everything, how does a president ensure that his executive orders with be enforced?
Why is the power of executive orders relevant to the imperial presidency?
Executive orders allow the President to declare certain orders that have the same force as laws. They do not need congressional approval. In the imperial presidency, they grant the President more leeway and more power to do as he pleases without going through Congress.
Why are executive orders important to the President?
Executive orders allow the President to get what he wants, without congressional interference. They also carry out his policy goals quicker because there is no debate in the houses. Executive orders also gives the President more power of the bureaucracy.
What are some examples of recent executive orders?
FDR issued an order to intern all of the Japanese-Americans during World War II
Truman ends segregation in the armed forces and civil service.
President Obama’s order to close down Guantánamo Bay
Why did some of the founders want a direct election of the President? What was the compromise between those who wanted direct election and those who did not?
Direct election of the president would ensure that the peoples voice would be heard. Each vote would count and people would feel that their vote was worthwhile (which is a controversial problem with voters today). The compromise is what we have today, the electoral college. This was the best way to ensure the right president would be chosen. The founders did not trust the will of the people so they put a group of individuals between the people and the president. This allowed for the delegates to ensure the right man would hold the office of President of the United States.
Question: Describe the difference between the Imperial and imperiled presidency.
The Imperial presidency is the concept or argument that the president has too much power, that it has grown too much, and has too broad of powers. This is an argument that developed following the Nixon years, after the Watergate scandal.
The imperiled presidency is a phrase that Gerald Ford used to describe the weakening of the office that Jimmy Carter had perpetrated. This concept says that the presidency should be stronger than it is.
There are usually sharp turnabouts in opinion regarding this issue. People who are under a president in office argue for an imperiled presidency, while those who have left may tend toward an Imperial Presidency.
What powers are the sole purview of the president’s office?
What gives the President the power to issue executive orders?
There are two sources of power for executive orders. The first is Article II, Section 3 of the Constitution says “[the President] shall take care that the Laws be faithfully executed”. This gives the President the power to make sure that all the laws of the United States, using any means necessary. I suppose this could be the elastic clause of the Presidency. The second is tradition. Every President has, in some manner, issued executive orders to get things done. Only in recent years, starting with FDR and the rise of the “Imperial Presidency”, have executive orders been used in increasing amounts.
What are recess appointments?
How can the President reclaim power after being disabled? Is there anything than could prevent him from taking power back?
In what case would Congress find the need to override a presidential veto? Please give an example.
What is a line item veto, and why doesn’t the President have it anymore?
Describe the problems the Founders had with the direct election of the president and the compromise they devised to taper those issues.
Q: What is the War Powers Act and what is its significance?
A: The War Powers Act was created during Nixon’s term in office to help the congressional branch of government control the executive in time of “war”, especially in matters of foreign affair. This is another check of power for the imperial presidency and is especially strong at keeping rebuttals of war from being too rash by maintaining that the president cannot authorize any military actions without a 48 hour notice to get approval from Congress. Some more provisions of this Act are that it forces the US troops to withdraw after 60-90 days, must consult Congress to engage in combat, and Congress can authorize a non-overridable withdraw of the troops. This is substantially controversial due to its vast usurping of power from the Commander in Chief to Congress. This takes away the purpose of having a Commander in Chief, because their purpose is to be a single, quick acting individual, not a slow and bickering group.
Q.)How has the power of the president grown over the years?
A.) The power of the President has grown in many ways over the years. One way the President has gained power is by the use of executive orders and all the other executive priveliges in that catagory. Anytime the President sends troops over to war with out consent from congress, he gains power. Through the electronic throne the president has also gained much power. He is the only one who is capable of being able to talk directly to the people, reps and Senators have almost no ability to do this.
Q: What is a line item veto, and why doesn’t the President have it anymore?
A: The Line Item Veto was a 1996 law granting the president the authority to propose rescinding funds in appropriations bills and tax provisions that apply to only a few people. Once the president signed taxing or spending bills, he had five days to propose recissions; such recissions or cuts could only become law only if Congress passed them as separate bills which could then be subject to presidential veto. In 1998, the Supreme Court declared the power unconstitutional in Clinton v. City of New York, 1998.
Q: What is the purpose of a line-item veto? What are examples of Presidents using this type of veto?
A: A line item veto allows whoever has that power to veto specific parts of a bill not just the whole bill. The only president to have this power was Clinton but it was deemed unconstitutional and the power was removed from the presidency.