Gov Test Notes 12-13 by ripdropio


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									Trevor Jin

    1. Chapter 12 – President of the US
          a. Constitutional Requirements
                    i. 35 years of age
                   ii. Native-born citizen
                           1. Born in US
                           2. Parents are US citizens
                           3. 14 years resident of US
                           4. Some requirements as U-P
                           5. 22nd Amendments
                                   a. FDR amendment
                                   b. Can only be elected twice serve up to 10 years
                           6. Presidential Succession
                                   a. Who replaces president
                                   b. V-P becomes President
                                              i. Tyler followed Harrison
                                             ii. Fillmore followed Taylor
                                            iii. Johnson followed Lincoln
                                            iv. Arthur followed Garfield
                                             v. Roosevelt followed McKinley
                                            vi. Coolidge followed Harding
                                           vii. Truman followed Roosevelt
                                          viii. Johnson followed Kennedy
                                   c. 25 Amendment
                                              i. V-P becomes acting – President
                                             ii. Congress must a prove
                                            iii. Nixon resigned Ford became president
                           7. Election of the President
                                   a. Majority vote of the Electoral College
                                              i. Unique to the US
                                             ii. States choose president
                                            iii. Proportionate to state population (1/Congressman)
                                            iv. Undemocratic element / Limit on the mob
                                             v. Rejection of parliamentary democracy / Rejection of
                                                      1. Avoid the tyranny of Congress
                                                      2. Separation of powers – Federalist #51
                                                              a. “each department should have a will of
                                                                 its own”
                                                b. “members of each should have as little
                                                   agency in the appointment of members
                                                   of the others”
                                                c. “interest of the man must be connected
                                                   to the constitutional rights of the place”
               8. Choosing the Vice President
                       a. Originally the second place finisher for president
                       b. 12th Amendment
                                   i. 1804
                                  ii. Separate election for V-P
b. Presidential Powers
        i. Enumerated/Delegated/Express
       ii. Commander-in-Chief
               1. Civilian leader of the military
               2. Unusual arrangement to prevent military dictatorship
               3. Commander of Army and Navy and State militia
                       a. President decides strategy and conduct of war
                       b. War Powers Resolution of 1973
                                   i. Response to Presidential conduct in Vietnam War by
                                      President Johnson and Nixon
                                  ii. Passed by override of Nixon’s veto (Made it law)
                                 iii. President must have a declaration of war or a specific
                                      authorization from Congress before committing troops
                                          1. Gulf of Tonkin Resolution (prior to 1973)
                                 iv. In an emergency President can commit troops
                                          1. Within 48 hours Congress must be notified
                                          2. Limited to 60 days without congressional
                                  v. Almost always ignored by President and Congress
                                 vi. Supreme Court may need to resolve problem of
                                      Separation of Powers
                                vii. Separation of Powers (#51)
                                          1. Supreme Court could be used by either side
                                          2. May be no resolution to problem
                                          3. Revert to the power of the people
                               viii. Era of Imperial Presidency
                                          1. Growing power of President
                                          2. Congress attempts to take it back
      iii. Chief Diplomat
               1. Article II President negotiates foreign treaties
               2. Senate must approve treaty 2/3 vote
                a. Treaty of Versailles (Congress never approved it, we simply
                    made individual treaties with each country)
                b. START Treaty, a recent treaty ratified by Senate (Nuclear arms
                    treaty with Russia)
                c. Executive Agreements
                d. Congressional – Executive Agreements
                          i. NAFTA (Proposed by Bush Senior)
                         ii. Clinton leads Republican Congress (Ratified under
                             Clinton’s presidency)
iv. Administrator in Chief
       1. President as CEO of federal government
       2. All federal departments and agencies report to President
       3. Appoints heads of department agencies
       4. Can direct day-to-day operations
       5. Saturday Night Massacre – Nixon
 v. Additional Powers
       1. Appointment Power
                a. Judges, ambassadors, and other public officers
                b. Confirmed by Senate
                c. Non-confirmed appointments
                          i. Chief of Staff
                         ii. White House Counsel
                        iii. Political cronies
                d. Supreme Court justices can be important
       2. Veto
                a. Significant check on Congress
                b. Very risky
       3. Pardon Power
                a. Rarely used
                b. Ford pardoned Nixon
                c. Often last act of President
       4. Take Care Power
                a. “Take care that the laws be faithfully executed”
                b. Inherent powers
                c. Jefferson’s Louisiana Purchase, 1804
                d. Lincoln’s conduct of Civil war
       5. Inform and Convene Power
                a. State of the Union Address
                          i. “from time to time”
                         ii. Annual tradition
                        iii. Publicly, but indirectly lead Congress
                b. Convene Congress for special circumstances
6. Federalist #70
       a. Energy
                 i. President distinct from Congress
                ii. Own powers
       b. Unity
                 i. One person at the head of the government
                ii. President represents everyone
               iii. Psychological effect
               iv. Bully pulpit
7. Controversies regarding the Presidency
       a. War Powers Act
       b. Executive Privilege
                 i. President cannot be forced to share information with
                ii. Separation of Powers
               iii. Washington invoked this power
               iv. Nixon refused to give Congress taped conversations in
                    the White House
                        1. Watergate break in
                        2. Courts could not resolve
       c. Executive Orders
                 i. Not in Constitution
                ii. Written orders from President
               iii. Have the force of law
               iv. President directing people in federal government
       d. FDR ordered the internment of Japanese-Americans during
           World War II
       e. Truman issued an order integrating the military during Korean
8. Impoundment
       a. President refusing to spend money congress has authorized
       b. Can be used
       c. Reagan impounded U.N. funds
9. Line Item Veto
       a. Vetoing one line of a bill
       b. Often debated as a way to end wasteful spending
       c. History at the state level
       d. Has not been associated with Presidency
       e. 1998 Supreme Court ruled against Clinton’s use of line item

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