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Stack #785239
Gov Test #2
| Question | Answer |
|---|---|
| Qualifications for the President | 1) natural born citizens 2)minimum age is 35, 3) 14 years as a resident in the U.S., 4) cannot be from the same state as the V.P. |
| How many electors are chosen? | Each state selects a number of electors that is equal to the number that state sends to the Congress (538) |
| How many electors do the least populous states get? | 3 electors |
| How do you win the presidential election? | A presidential candidate must secure a majority of the electoral vote (27) to win the election. |
| How is the president selected? | Electoral College |
| Who are electors chosen by? | State Legislature |
| What is the role of the popular vote? | determines which state of potential electors from each state become part of the 538 electors that select the president. |
| What is the Unit Rule? | all the electors from a given state must vote in one indivisible block |
| Which states are the exception to the unit rule? | Nebraska and Maine |
| Plurality | highest number of votes but not the majority |
| How many votes is the majority? | 270 |
| What happens if there is no electoral majority? | the 12th amendment is invoked |
| 12th amendment | Run off election, only top 3 electoral vote getters participate |
| Who holds the run off election? | House of Representatives |
| Who were the top 3 vote getters? | Jackson, Adams, and Crawford (not Clay) |
| After Adams wins the election who becomes the secretary of state? | Clay |
| How many votes does each state get? | Each state (53) gets one vote in the run off election (House looks at top 3 candidates and vote) |
| Who selects the V.P.? | Senate |
| Is it possible that the Prez and V.P. are not form the same party? | yes |
| Obama won the popular vote in how many states? | 28 and the District of Columbia |
| Constitutional Powers and Roles of the President | 1) Chief of state 2) Chief Executive 3) Commander in Chief, 4) Chief Diplomat, 5) Chief Legislature |
| What does the president do as the chief of state? | 1) Ceremonial head of state, 2) Awards medals to war heroes, 3) dedicates a park 4)throws out first pitch in ballgame |
| In most countries, what position is usually a separate position? (and example) | Chief of State (queen of England) |
| Advantage of the chief of state position | could be used to obtain p.r. benefits/public support |
| Chief Executive | Leader of federal government within executive branch |
| What is the chief executive constitutionally bound to enforce? | 1) Act/laws of Congress, 2) judgements of federal courts, and 3) treaties signed by the U.S. |
| The President is the leader of a federal bureaucracy. How many federal employees? | 2.8 |
| President's power of appointment and removal | Can hire, fire, promote or demote all high ranking non elected officers within the federal bureaucracy (cabinet heads, agency heads) |
| What is the exception to the President's power to appoint and remove? | IRA (Prior to 1883: Prez can hire or fire IRA) |
| Who are the lesser positions filled by? | Civil Service Employees |
| Pendelton Act of 1883 | Required that civil service positions within federal government be merit based (ended the spoils system) |
| Can the President hire and fire low ranking officials? high ranking officials? | low ranking officials - NO high ranking officials - YES |
| What determines high and low ranking? | Political affiliation |
| Does the president have the power to grant reprieves or pardons for any offense? Exception? | Yes, cases of impeachment |
| Reprieve | postponement of the execution of a sentence (possible that it is the death sentence) |
| What is the purpose of a reprieve? | to await new evidence |
| Pardon | full granting of release from punishment for crime (supposed to be given where it's believed a mistake was made in convicting, pardon given for an assortment of reasons not related to guilt) |
| Commutations | the reduction, but not the elimination of a legal penalty |
| Commander in Chief | leader of the armed forces |
| What does the president not decide and decide about war? | does not decide if war is declared but can decide over how conflict is conducted (air, atomic force, water,...) |
| Which President decided to drop atomic bombs on Japanese cities in World War II? | Truman |
| Example of the president that is a commander in chief | commander in chief |
| Is the president holding a briefcase at all times? | Yes |
| What is the name of the President's briefcase? | "the football" |
| What is in the "football" | codes necessary to start a nuclear attack |
| Who has the power to order the use of nuclear force? | President |
| Without a declaration of war, can the President still send in military forces for a limited time? | Yes |
| President can send in military force without Congressional approval | Yes |
| Examples of President who sent in military force without Congressional approval (Commander in Chief) | Kennedy, Johnson, and Nixon sent American troops into Southeast Asia to assist anticommunist regimes in battle. |
| How many Americans were killed in these conflicts? | 58,000 |
| Under whose presidency, was the war powers resolution law passed? | Nixon |
| War Powers Resolution | 1) President must consult with Congress within 48 hrs of sending troops into action 2) Unless Congress approves of the use of troops within 60 days the forces must be withdrawn |
| Chief Diplomat | has responsibility for setting the direction of foreign policy |
| Powers given to the President under the Chief Diplomat | 1) Diplomatic Recognition, 2) To make treaties, 3) to make executive agreements |
| What is the power of diplomatic recognition? | recognize foreign governments as legitimate or not |
| If foreign government is recognized, what are the benefits? | 1) financial aid, 2) better communication, 3) relationships |
| What if the foreign government is not recognized? | 1) not receiving aid, 2) inability to negotiate treaties/issues with U.S. and its allies |
| What is a treaty and an executive agreement? | binding agreement with foreign nation |
| Under the treaty, does the president have the sole power to negotiate terms of treaties with foreign nations | yes |
| How are treaties made? | require 2/3rds ratification vote/approval of the Senate |
| How many treaties were made? | 1300 |
| Are treaties binding to succeeding presidents? | yes |
| For an executive agreement, do you need the approval of the Senate? | no |
| How many executive agreements have been made? | 9000 |
| Under an executive agreement, who is binded under it? | only that president, not succeeding |
| Advantages of a treaty | 1) Binding on successive presidential administrations 2) Reflect the consent of the whole government |
| Advantages of an executive agreement | 1) Speed 2) Secrecy 3) No need for Senatorial approval |
| Chief Legislator | Initiator of legislative agenda for congressional action |
| Which president refused to give the state of the union address? | Jefferson |
| When is the presidential speech? | Once a year |
| What is the president supposed to say in the speech? | give a broad view of legislation President wishes to pass in upcoming session of Congress |
| Public and private reasons for why Jefferson did not give the state of the union address? | Public: didn't want to appear as king (royalty) Private: phobia of public speaking |
| What does the President do in order to get the legislation passed? | 1) Persuasion, 2) Public Pressure, 3) Veto power (to block legislation until it complies with his views) |
| Party friendly Congress | When the majority party in each chamber of Congress is the same as the President's political party, Presidents often campaign for Congresspersons within their party |
| Is it easier to pass legislation with a party friendly Congress? | yes |
| The Line Item Veto | to veto individual lines or items within a bill without vetoing the entire bill. |
| Is the Constitution silent on line item veto? | yes |
| Which president heavily lobbied Congress for this power as a means of controlling Congressional spending? | Reagan |
| Which president does the Congress grant line item veto and through what act? | Clinton, though Line Item Veto Act |
| Clinton v. City of N.Y. | Line Item challenged by organizations that were financially harmed due to the presidential line item use, deemed unconstitutional because if it were right it wouldn't have been here originally |
| Which clause does this violate? | "Presentment Clause": bill must be presented in identical form from both chambers and if not favored, Prez can veto it and send it back with his objections |
| Bill #4890 | Modified Line Item Veto (Prez can veto individual lines but then the bill must be sent back to each chamber of Congress for a quick revote) |
| Statutory Powers (example) | other powers that the president has, ex:the ability to declare national emergencies |
| Shifting of focus to the public (percentages) | 19th century: 7% of prez speeches addressed to the public, 20/21st century: over 50% of the speeches have been addressed to the public |
| When does a President use the Emergency Law Making Power? | when need to pass law quickly |
| U.S. vs. Curtiss Wright Export Corp | US seeks to avoid escalation between warring South American nations. A joint resolution of Congress authorized President FDR to ban sale of weapons to South American nations. |
| Which company is charged with violating this order? | Curtis Wright Company, attempted to sell arms to Bolivia. |
| What does the Curtis Wright claim? | This order is unconstitutional bc Congress cannot delegate its lawmaking power to the president |
| Holding | "Sometimes foreign affairs requires a degree of discretion, immediate action and freedom from legal procedure not otherwise allowable if domestic affairs alone were involved" President's use of SLPs is upheld as constitutional. |
| Youngstown Sheet and Tube Co. v. Sawyer | Prez Truman seeks to avert worker's strike in nation's steel mill |
| What did Truman do? | He issues a federal directive, without requesting Congressional approval, to sieze the mills and operate them under federal authority |
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studyjasmine
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