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Politics of the United States
Federalist Papers 67-77 Summary
Terms in this set (11)
accuses anti-federalists of misrepresenting Constitutional presidency
accuses critics of playing on fears of monarchy
close reading the sections of the Constitution dealing with the powers of the presidency
dispels false claim that president would have power to appoint vacancies in the Senate
defends electoral college for both President and VP
ensures that "sense of the people" plays key role in selecting president
electing president directly might lead to instability
electors will be protected from bias since they do not hold any other political office and are separated from electors from other states
ensures that president is man of great virtue and ability
discusses the provisions for House of Representatives to elect president in case of tie
counter claims that the president would be an "elective monarch"
president is elected, whereas the king of England inherits his position
president furthermore has only a qualified negative on legislative acts—i.e. his veto can be overturned—whereas the king has an absolute negative
only legislature can raise/maintain armies
president can only make treaties with the approval of the Senate
powers of the president in terms of commerce and currency are severely limited
president would have less powers over his constituents than the governor of New York has over his
energetic and forceful president is essential to good government.
best protects liberty when faction, anarchy, and excessive ambition threaten it (Roman dictator prevented fall of council)
energetic executive branch must be characterized by unity, sufficient powers, and a certain degree of secrecy; one chief executive is better than 2+ (who are bound to differ, have own ambitions, can cause unstable conflict)
in Congress differences of opinion force discussion and deliberation, but a law once passed should be executed promptly
president must not be immune from censure, accountability, or punishment (nowhere to hide, unlike council or multiple executives)
salaries of the council members would constitute too great an expense for the nation to tolerate
before the Constitution was written, intelligent men agreed that New York's single executive was one of the most admirable features of state government
defends four-year presidential term
term of four years will give the president the ability to counteract temporary passions or influences of faction
enable president to pursue policies he feels best; if the term were too short, the president might not be willing to make bold decisions and perhaps cost him reelection
defends reelection of the president to an unlimited number of terms
restricting president to a single term or require him to spend time out of office would lead to too many disruptive changes, diminish "inducements to good behavior", and might tempt president to usurp rather than peacefully give up power
country needs experienced executives; detrimental to deny leadership of talented, experienced executive in time of national crisis; president may leave office at the outbreak of war, for example
instability caused by such frequent changes of the chief magistrate
America ought to have option to continue in office of the presidency any qualified man they want.
advantages are questionable
discusses salary for president that cannot be adjusted by Congress during his term
defends president's right to veto congressional legislation
if president's salary could be changed by Congress, legislative would gain undue power over executive.
necessity of holding legislative authority in check and protect against factions that may seek to pass laws detrimental to public interest
executive will always hesitate to overrule legislative
Congress can override veto with a two-thirds vote in both houses.
defends president's role as commander-in-chief and to grant reprieves and pardons
demands of war require a single supreme leader
if pardons were to be decided by a group of individuals, they may feel less pressure to either grant mercy on humanitarian terms or to uphold justice when the circumstances of the case demand it
judgment of Congress might be colored by partisanship
situations in which it will be essential to the national interest for the president to be able to grant pardons swiftly, such as "to restore tranquility" of commonwealth
defends the treaty-making procedures outlined in the Constitution
responds to the criticism that the Constitution wrongly mixes the legislative and executive branches by arguing treaties do not fit neatly into either category and so both must be afforded a role
president is only in office for a limited period of time and be tempted to sign a treaty beneficial to his private interests; necessary that his power be held in check by the legislature
Congress having greater authority would mean unnecessary delays/ inefficiencies and weaken American negotiating position
defends the power of the president to appoint public officials with the advice and consent of the Senate
assembly is likely to be subject to faction/partisanship, making difficult any impartial selection of officers on basis of merit
leaving decision to a single man might result in favoritism and corruption
granting the nominating power to the president and the ratifying power to the senate is the best strategy for avoiding these defects
will always be at least some virtue in senators to ensure President doesn't put pressure on Senate to support corrupt or unfit candidates
answers remaining anti-federalist criticisms of presidency
importance of stability in the administration of the government as a justification for requiring Senate approval to appoint or displace public officials.
devotes most of paper to rejecting notion that Senate would have undue influence over executive in the appointments; various honors/emoluments enjoyed by presidency would more likely dominate Senate; role of Senate is to restrict President when necessary
require both executive and legislature to play role, Constitution guarantees appointments will become subject to public scrutiny
compares appointment process to New York's to demonstrate the dangers of entrusting process to the complete control of a small council; decisions would not be subject to a legislative ratification process, resulting in favoritism and corruption
constitutional provisions for presidency have successfully incorporated "all the requisites of energy" without violating republican principles of liberty; enough powers to be effective but can still be held accountable
T or F: One of the central concerns of the Law and Economics approach to deciding legal cases is creating a decision based on market efficiency
Under what circumstances can the government prohibit a religious practice?
The video Civil Liberties in a Post-9/11 World states that threats to national security have historically resulted in challenges to individual liberty. Identify the example provided in the video that illustrates this point.
a basic reason for the existence of so many interest groups in the u.s. is...
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