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Poly Sci Exam 2
Terms in this set (13)
Powers of the President (6)
Powers of President:
1) Commander-in-Chief of military
2) Boss of all heads of civilian parts of government
3) Power to pardon individuals of convicted crimes (except impeachment cases)
4) Negotiate treaties w/ foreign governments (needs ⅔ Senate consent)
5) "Recess appointments" (Temporary filling offices when the Senate is not in session without their approval)
-Appointments must be confirmed by Senate before the end of the next congress session or the appointment expires
6) Appoint Judges of Supreme Court and ambassadors (with consent of Senate)
-Congress may, by law, delegate the Senate's "advice and consent role" when it comes to inferior officers to the President alone, Courts of Law, or heads of departments.
What are the differences in the Vesting Clause from Article I?
1. The Vesting Clause in Article II establishes a unitary executive
2. President is given stated powers but may have powers beyond what is expressly stated
What are the major points of Alexander Hamilton's Federalist 70 argument?
Argues in favor of the unitary executive created by Article II of the United States Constitution.
He says a unitary executive is necessary to...
-Ensure accountability in government
-Enable the President to defend against legislative encroachments on his power
Ensure "energy" in the executive
What is Hamilton's argument in Federalist 71?
-He defends the provision of the constitution for a presidential term of 4 years
-He argued that a term of four years would counteract influences of faction
-a 4 year term and the ability for reelection will make the Pres determined to pursue policies that will have the greatest impact
-re-eligibility is essential to executive power
He believed that the Presidency must attract the most ambitious individuals and re-eligibility ensured that they would not attempt to extend their term in office unconstitutionally
-executives should be eligible to serve as many terms as the American people allow. Limits on re-eligibility would hamper an experienced president to use his past expertise
-term limits prevent an executive from utilizing experience gained in special emergency situations in other terms and that term limits restricts stability within the executive
-Hamilton discusses the provisions in the Constitution guaranteeing a salary for the president that cannot be adjusted by Congress during his term and defends the president's right to veto congressional legislation
-if the president's salary could be raised or lowered by Congress during his term, the legislative branch would gain an undue degree of power over the executive.
What characterizes an energetic executive and why? (4)
1) Unity- permitting necessary "decision, activity, secrecy, and dispatch" in the executive branch
2) Duration-meaning a presidential term long enough to promote stability in the government
3) Salary- a qualified salary that should not be manipulated or changed
4) Competent Powers- possibility for re-election allows for the Executive to use past experiences for decision-making
Jefferson's 5 points on the constitutionality of a national bank (1791)
1. The incorporation of a bank is not among the powers specifically enumerated to the legislative branch which allow the laying of taxes for the purpose of paying debts (No debt is paid by this bill nor any tax laid)
2. This bill neither borrows money or ensures the borrowing of it
3. "To regulate commerce with foreign nations" does not apply (To erect a bank and to regulate commerce are two very different acts)
4. The laying of taxes is the "power" and providing for the general welfare is the "purpose". This does not mean that the legislative branch may do whatever they please" to provide for the general welfare
5. "To make all laws necessary and proper for carrying into execution the enumerated powers" shows that all of the enumerated powers can be carried into execution without a bank. Therefore the bank is not necessary and not authorized by the necessary and proper clause. To say that the bank will make the collection of taxes "convenient" is not enough
5 reasons why people should not fret about the federal nature of the constitution
1) Union is necessary to the people's happiness and the balance of power
2) The tendency of federal systems is that they tend toward dissolution (tend to dissolve if local sovereignties revolt)
3) States make up the federal government (makeup of government is federal in nature because Senate is elected by state legislatures)
4) More state employees than federal government
5) States do most of the governing ("power of the states is numerous and indefinite)
Federalist 45 Main Points (4)
1.The constitution is designed to preserve state rights
2. The Union as outlined in the Constitution is necessary to the people's happiness and the balance of power (primary purpose of government)
3. Madison argues that the strength of the federal government under the proposed Constitution does not pose a danger to the individual states (this was a major concern of the anti-federalists)
4. Madison closes by asserting that the powers granted to the federal government are not really "new powers" so much as an "invigoration" of the "original powers" granted to it by the Articles. The Constitution does not expand these powers. It just "substitutes a more effectual mode of administering them."
Section 9- The limits on Legislative Power
-Prohibits Congress from banning the importation of slaves before 1808
-Guarantees rights to those accused of crimes
-Writ of Habeas Corpus (allows a prisoner to challenger his or her imprisonment in court) cannot be suspended except where the public is in danger
-Prohibits Bills of Attainder (laws that are directed against a specific person or group of persons, making them automatically guilty of serious crimes, such as treason, without a normal court proceeding)
-prohibits "ex post facto" laws (criminal laws that make an action illegal after someone has already taken it)
Section 10- Limits on the States' Power
-States may not enter into a treaty with a foreign nation
-States cannot make their own money, nor can they grant any title of nobility
-As is Congress, states are prohibited from passing laws that assign guilt to a specific person or group without court proceedings (bills of attainder), that make something illegal retroactively(ex post facto laws) or that interfere with legal contracts.
-No state, without approval from Congress, may collect taxes on imports or exports, build an army or keep warships in times of peace, nor otherwise engage in war unless invaded or in imminent danger.
Section 8- The scope of Legislative Power
-The power to set taxes, tariffs and other means of raising federal revenue (through government bonds) and to authorize the expenditure on all federal funds (to pay the debts and provide for the common defense)
-The commerce clause gives Congress broad power to regulate many aspects of our economy and to pass environmental or consumer protections because so much of business today, either in manufacturing or distribution, crosses state lines. But the commerce clause powers are not unlimited.
-Power to Coin Money
-Power to create the Postal
-Service, Army, Navy, and lower Federal Courts
-Power to declare War
-Power to determine Naturalization (the laws of how immigrants become citizens which apply uniformly and cannot be modified by the states)
-These powers are limited to those listed and those that are "necessary and proper" to carry them out.
-All other law making powers are left to the states.
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