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AP Constitution
The President
| Question | Answer |
|---|---|
| What is the writ of habeas corpus? | legal way to saying that people who have been arrested have the right to be brought before an official to be told why they are behing held, to be informed what law they are alleged (presume) to have broken |
| The privilege of the write of habeas corpus shall not be suspended, except | in cases of rebellion or invasion when the public safety may require it. Person must be informed within 48-72 hours. |
| 3 protections from writ of habeas corpus | 1)eliminates intentional false arrest. Severe legal penalities against any persons/officials causing false arrest. 2)individual can prepare for a defense after knowing precise charges 3)person can demand a release on bail |
| bill of attainder | denies trial by jury and other safeguards to a fair trial |
| ex post facto law | makes an act illegal that was legal when committed. |
| Powers forbidden to the U.S. | cannot suspend writ of habeas corpus, no bill of attainder or ex post facto law, no export taxes, no $ shall be drawn from the U.S. Treasury unless an appropriation has been made by Congress, no title of nobility, no direct tax. |
| What is the exception to "no direct tax shall be levied by U.S. unless it is divided among the states"? | the income tax - 16th Amendment 1913 |
| What is appropriation | money that has been set aside for a particular purpose. |
| Powers forbidden to states | cannot make traties, grant letters of marque and reprisal, coin $, issue paper $, make anything except gold & silver legal tender, pass bill of attainder/ex post facto law, grant title of nobility, pass law imparing obligation of contract |
| When does a President's term begin? | January 20 |
| How many terms can Vice Pres. serve if he becomes Pres. after the middle of presidential term? | serves out the last two years. He may then be elected for 2 full terms. |
| How many terms can Vice Pres. serve if he becomes Pres. before the middle of presidential term | he is eligible to be elected only once |
| How many votes in the Electoral College does each state have? | Each state has as many votes in the Electoral college as it has members in Congress. |
| What is the date of Election Day? | First Tuesday after the first Monday in November. Presidential election occurs every 4 years. |
| What happens on January 6? | a joint session of Congress is held, Vice Pres. presides, and the ballots are counted. This day is the election of the Pres. If January 6 is a Sunday, the election is held the following day. |
| Can the President and Vice Pres. be from the same state? | Must come from different states |
| What if no Pres. candidate gets a majority of the electoral votes? | Then House members from each state have to cacus (hold a meeting), and decide how to cast their one vote. 2/3 of the total # of states must be present, takes a majority of all the states to elect the Pres. The choices are the top 3 cand. w/most ele. votes |
| What happens if Vice Pres. candidate gets a majority fo the electoral vote? | Each Senator has one vote. 2/3 of the total # of Senators must be present, and it takes a majority of all Senator to elect the VP. The choices are from the top 3 cand. w/most ele. votes |
| Powers of the President (Article II, Section 2) | 1)Commander-in-Chief; 2)require written reports 3)grant reprieves and pardons 4)make treaties 5)make appointments 6)make recess appointments to executive positions |
| Commander-in-Chief of the armed forces | Any state militia automatically comes under the Pres. command whenever used in the service of the U.S. |
| Who does can the Pres. require written reports from? | "the principal officer in each of the executive departments". Today, the "principal officer" is called the President's Cabinet. |
| Who can the Pres. grant reprieves and pardons to? | federal prisoners, "except in cases of impeachment." |
| Does the Pres. need approval of the Senate to make appointments? | Pres. may make appointments with or without the approval of the Senate |
| How long does recess appointments last? | last through the recess and also to the end of the next session of Congress |
| State of the Union | message that the Pres. delievers to Congress. Given at the opening of each regular session of Congress. Pres. may read it or send it to be read. By law, Congress require 2 more messages each year (a budget message and economic state of Union) |
| Duties of the President | Deliver State of the Union, may call special sessions of Congress, may set a date for Congress adjournment, commission all the U.S. officers, ensure laws be executed. |
| Executive Department can check the legislative department by: | president may veto a bill; President may pocket-veto a bill; President may call special session of Congress; President may recommend legislation; President has direct appeals to the people. Radio and tv have greatly enhanced the President's influence |
| How can the President check the legislative department by being head of his party? | As head of his party, he has influence with members of Congress in his party. He can always get legislation introduced. Congress leaders put through bills favored by the Pres. |
| How can the Vice President be used to check the legislative branch? | Vice-Pres. presides over the Senate |
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