National Government Final

Describe the major roles of the President
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Terms in this set (11)
Describe the major roles of the President
Chief Legislator?
Party Chief & Politician?
The president is the head of the party. He is above partisanship. He represents the people he represents the nation. The president is a political figure. The president chooses & has a lot of influence over the party mainly through patronage- giving out jobs to faithful party workers.
Also the party chief in terms of raising money. Going to alot of fundraisers to raise money for their political party to get like minded people elected. Influencing who runs & doesnt run for office. Campaign for candidates or not campaign for candidates depending on who they like or think will do well
Special powers of the president
COnstitutional powers- things that article 2 says he can do
Statutory powers- powers that congress has given the president. THey dont want to do
Expressed powers- Ones that are expressly written in the constittion or in statutes
Inherent- POwers that are defined through practice rather than written in law.
Describe the special powers of the President. How can a President be removed from office?
Emergency power- national crisis uses certain powers envokes authority of something he doesn't normally get to do. Particularly during times of war, not expressly written in the constitution.
Executive Orders- have the force of law. Congress allows the president to do this which is an example of the president using legislative power. The only limitation is that the president has to publish his executive orders. This is used to 1) Enforce Legislation, 2) Enforce Judicial decisions & 3) Modify rules & practices of administrative agencies
Executive Privilege-is another inherent power claimed by the president. Presidents claim that they can withhold information from other branches of govt. or can refuse to testify before congress because they are a Separate branch.
Signing Statements- bill from congress comes to president. Refuses to agree with the bill or parts of bill because he believes it to be unconstitutional
Removed through Impeachment- 2 stage process:
1) impeachment- house of rep. acuse president of committing a crime. Defined as treason, bribery, or other high crimes & misdemenors. Votes to impeach need Simple majority Vote.
2) A trial is held to convict or acquit the president
Describe the organization of the Executive branch. (President
1) The Cabinet- Group of advisors for the president. Heads of 15 department agencies- Members of the cabinet have to be confirmed by congress. Head of the Cabinet is known as the Secretary. Also has The Kitchen cabinet which is his informal advisors. The Presidents use advisors in different ways
2) The Executive Office of the President- is a series of offices that work for the president. Help the president carry out major duties.
3) The White house office- made up of Everyone who works for the president at the white house
What is the role of the Vice President? What happens if the presidency becomes vacant?
The Vice President- Not alot of power from the constitution. He presides over the senate, but this is actually typically done by the president. The only thing is if theres a 50-50 tie he breaks the tie. When the primary runners for president are chosen they choose their vice president & try to appeal to a lot of people through:
Balancing the ticket- if its candidate from the south then you pick a vice president from the north
Strengthen the ticket- if you have a weak presidential candidate pick a candidate with a lot of experience. or pick someone based upon the skills that they have
The Vice President does as much as the president gives them the power to do. His main job is to stay alive so that if the president dies he successes him.
Succession Act 1947- who shall become president if the president & vice president die. Speaker of the house- who has to resign from congress. President pro temp ore of the senate. Then Cabinet officers in the order in which they were created.
Describe the main sources of American law?
The Judicial Branch interprets laws
The Common Law Tradition- Idea that judges have made lots of decisions over time. Put in a year book as a reference for judges as general principles suggested by earlier cases.
Precedent- is the Idea that courts make decisions based upon previous decisions. Deciding new cases with reference to former decisions.
Stare Decisis- The Judical policy of following precedents established by past decisions.
What is the structure of the American court system? Describe the basic requirements of jurisdiction & standing to sue.
How are judges selected? All federal judges are appointed by the president, the senate approves (confirms) them. Once appointed person holds that job for life. Unless they retire, resign, die, or get impeached. Impeachment is rare. Federal judges are all appointed. state judges are elected
President gets names from alot of different places. No matter which kind of judge the proccess is the same
President nominates
Nomination is sent to the senate
Appears before the senate
Answers alot of questions
Nominee apears before the senate judiciary commity- votes on all judicial nominees
District nomination- the president officially nominates all federal judges
long standing tradition that senators choose district nominations
Senatorial Courtesy- constraint on who the president can choose to be a district judge. A senator of the same party allowed to veto a judicial appointment from their own state. not written down, long standing tradition.
Courts of appeal- 2nd level- the nominations are more important. often function as a stepping stone to the supreme court
Supreme court nomenees- the most controversial appointments because they are the most significant.
Alot of things are dependent upon those 9 people in robes
only become more controversial over time
Judicial branch doesnt make laws but makes policies in very significant ways. By the decisions it makes & the cases it chooses
Partisanship- typically the president appoints the judges. appoints someone of their own political party
Presidents serve at most 2 terms judges serve for life its a way for the president to establish the views long after their gone, but if they make a decision the president (or ex. president) doesnt agree with it may be embarrasing. Appoint someone with the same views
Ideology- the president is one party the senate is a different party. They reject or confirm judge nominees

WHo checks the courts: Impeachment, constitutional amendments- congress
Executive- Power of Appointment Appoints the people on it. Judicial implementation- If the supreme court declares something unconstitutional what prevents the other branches from following it? The supreme court does not have an army or any way of enforcing decisions. Have to be implemented by the other branches of government.
Legislative- Constitutional ammendments- just change the constitution. Can rewrite laws. Fix it to be constitutional and get it passed. Change amendments
What are the procedures of the Supreme Court, & what types of opinions does it issue?
Solicitor general- brings Cases that have to do with the constitution. When lower courts disagree. Supreme court meets once a week to pick cases. Decided by the Rule of 4- 4 justices have to agree to take a case. They grant a petition.
Writ of Certiorari- when the supreme court decides to hear a case from a lower court. If the case is denied they don't want to hear it or deal with it. Theres no absolute right in supreme courts appeal. President has no constitutional power to make the supreme court take a case but he can appoint all new just uses that will take the case.
Court Procedures- law clerks do research, after briefs are presented, both sides present oral arguments to the supreme court. Argueing questions of law not questions of fact.
The 9 justuces meet in the supreme court conference room & take a vote. Then there is the task of assigning an opinion which is the final decision.
Issue an opinion- The laws Affirm a lower courts ruling.
Reverse the opinion- lower courts ruled incorrectly.
Remand a case- send it back down to a lower court to be reargued. Lower court asked a bad legal question needs to ask a new one or a bigger one.
Per Curiam opinion- unsigned. issued on behalf of the court not individual judges
Unanimous- when all 9 agree
Majority opinion- the majority of the justices.
Concurring opinion- separate opinion prepared by the judge or set of judges who support the conclusion but want to make a clarification they do not agree with the reasoning
Dissenting opinion- they disagree with the majority & want to clarrify why they disagree
The chief justice decides who writes the majority opinion. if the chief justice is in the majority. If a justice is sick or there is a vacancy. There could be 4 to 4 vote & in that case the lower courts ruling stands
How does the Supreme Court make policy? What are different types of judicial philosophy?
Inevitably judges end up making policy even though their job is to interpret. They make policy through Judicial review- the role of the courts to determine whether or not a law or action is constitutional. Power to check the actions of the other branches. Marbury vs. Madison- The supreme court declared that they had the right to declare whether a law was constitutional or not. Judicial Philosophy:
Judicial activism- conviction that the job of the judiciary is to use its powers to check congress & the president. Take active role & seek out ways to use their power to check the other branches of government
Judicial Restraint- the job should be deference. Should defer to the decisions of the executive or legislative branch. Unless something is blatenly unconstitutional. Judges should be like umpires calling balls & strikes not making a new strike zone.
Strict construction- Followed the letter of the law exactly. constitution or statute.
Broad construction- Purpose or intent of the law. Determine context in order to understand what it means. Broad construction is also believed by people who believe in the living constitution meaning that it adapts to changing circumstances.
What are the 5 steps of the policy making process?
Agenda building- A public policy matter becomes significant, people think it needs to be fixed or changed. Lobbying, fixing the thing that seems to be the biggest issue, technological breakthrough, debates in congress, crisis.
Policy Formulation- How policy makers decide what actions to take or what actions not to take. What works best & whats possible. There are many ways to discuss. Can become a campaign issue.
Policy Adoption- Choosing some specific policies.
Policy Implementation- How these things get put into effect. By government, bureaucracy, courts, individual citizens, everyone.
Policy Evaluation- Determining which things work & which things don't work & then fix them.
Define foreign policy, & discuss moral idealism versus political realism in foreign policy.
Foreign policy is a government's strategy in dealing with other nations. Through: Diplomacy, Economic aid, Technical assistance, & Military intervention.
Aims of Foreign Policy are broad or restricted to some kind of statement or goal
1. National security policy- About protecting the independence & political integrity of a nation through foreign or domestic policy. About the safety & defense of a nation. Through military, alliances, immigration policy.
2. Defense Policy- About the nature & activity of the armed forces. How many troops, where to put things, how quickly can they respond, what kinds of weapons.
3. Diplomacy- All of a nations external relationships. Communications, meetings between heads of states, exchanging of ambassadors. Resolving conflicts by peaceful methods. Negotiating techniques.
4. Philosophy- Views of foreign policy & how do you approach foreign policy.
a. Moral Idealism- idea that America is an exceptional country & other countries should follow our lead. This views the world as fundamentally a benign place. (not dangerous) Most nations will take moral considerations into account & try to settle conflict in peaceful ways.
b. Political Realism- The worlds a dangerous scary place where every nation strives for its own survival & its own interests regardless of morals. Strong defense to show that your willing to protect your interests.
Descibe the role of the President, Congress, & executive agencies in making US foreign policy.*Constitutional powers of the president-* Solemnly serves to preserve, protect, & defend the constitution of the US. *Commander in Chief-* War powers- Presidents have interpreted their powers during times of war very broadly. 125 undeclared wars conducted under presidential authority *Chief Diplomat-* Treaties & executive agreements. receiving ambassadors, recognizing foreign governments *2. Other sources (executive branch)* * a. Department of State-* Principle foreign policy advising & primary authority over foreign affairs led by the Secretary of State. Supervises all of the relations with other nations of the world. Also groups the US is involved in like the United nations. *b. NSC- National security council-* Integrates foreign, domestic, & military policy. Everything that relates to national security. President, vice president, secretary of state, secretary of defense. *c. Intelligence Community-* CIA, NSA, all of those people who spy *d. Department of Defense-* Us military, about 500,000 people led by the Secretary of Defense. *3. Congress- How congress balances the president* * a. war powers resolution-* If the president decides to send armed forces abroad he has to notify congress within 48 hours & they can only be deployed for 60 days unless congress says they can stay longer. * b. Power of the Purse- *Congress dispenses money. Aid to military