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Executive Powers. How Far? Where are they defined? What trends? What are the main legal debates? When have changes occurred?. Which is the most powerful?. Explicit : Stated outright in the constitution Stated in laws and okayed by the Courts. Inherent: Not stated outright
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Executive Powers How Far? Where are they defined? What trends? What are the main legal debates? When have changes occurred?
Explicit : Stated outright in the constitution Stated in laws and okayed by the Courts Inherent: Not stated outright Implied in the constitution or by laws passed because the fall into broad powers. Types of Power:
The Imperial Presidency…continuing? Swearing to uphold the Constitution of the United States
This is all part of the EXECUTIVE: “Attorney General Gonzales Again Called Upon to Resign” Justice Department
“EPA Panel Advises Agency Chief to Think Again Irate scientists say the administrator ignored or misconstrued their recommendations in proposed new rules on soot and dust pollution.” The Environmental Protection Agency
“Report Details F.D.A. Rejection of Next-Day Pill WASHINGTON, Nov. 14 - Top federal drug officials decided to reject an application to allow over-the-counter sales of the morning-after pill months before a government scientific review of the application was completed, according to accounts given to Congressional investigators”. Food and Drug Administration
“Censoring Truth The Bush administration long ago secured a special place in history for the audacity with which it manipulates science to suit its political ends. But it set a new standard of cynicism when it allowed NASA's leading authority on global warming to be mugged by a 24-year-old presidential appointee who, quite apart from having no training on that issue, had inflated his résumé.” NASA
Relationship Executive - Congress “Gonzales Is Challenged on Wiretaps Feingold Says Attorney General Misled Senators in Hearings”
War Powers Act Limiting the ability of the Executive to make war without Congressional approval 1973: US Senate stops Cambodia bombing against the advice of Secretary of State Henry Kissinger
On April 30th, President Nixon announced on national television that a massive American-South Vietnamese troop offensive into Cambodia was in progress. "We take these actions," Nixon said, "not for the purpose of expanding the war into Cambodia, but for the purpose of ending the war in Vietnam, and winning the just peace we all desire."
KENT STATE, 1970: May 4 4 Dead
Please don’t lock me up! Just because you allocate the money doesn’t mean I have to spend it! Congressional Budget Act of 1974 OR (The Congressional Budget and Impoundment Control Act of 1974)
The Executive and the Judiciary Is the President's right to safeguard certain information, using his "executive privilege" confidentiality power, entirely immune from judicial review? United States v.Nixon NO
The Modern Presidency: Insert your picture here ?
Since the 1970’s, Presidents have made use of executive orders at an increasing rate because executive orders Are non-controversial measures that can be easily implemented Are rarely defeated in Congress Do not need to be passed by Congress Avoid judicial review Must be ratified by the Senate rather than by the House.
Which of the following is true about the line item veto? It is specifically granted to the President by the Constitution It is used by many state governors. It is basically the same as the pocket veto. It’s use was upheld by the Supreme Court. It would, if instituted, strengthen the power of congressional leaders.
Which of the following is NOT a presidential role authorized by the Constitution? To be commander in chief of the armed forces To lead the political party of the President To negotiate treaties with foreign nations To be chief executive To present the State of the Union address
In which of the following scenarios would a presidential veto most likely be upheld? The President has the support of the Supreme Court. The President is in a second term, removed from partisan politics. The proposed legislation enjoys widespread bipartisan support. The proposed legislation was originally adopted by a large majority in both houses of Congress Two-thirds of the representative and senators are members of the same party as the President.
Which of the following is articulated in the War Powers Resolution? The President may declare war. The President must finance any war efforts from a special contingency fund. The President must bring troops home from hostilities within 60 to 90 days unless Congress extends the time. The President may not nationalize state militias without congressional consent. The President may not send troops into hostilities without a declaration of war from Congress or a resolution from the U.N.
Which of the following procedures results in the removal of the President from office? The House and Senate vote for impeachment, and the Supreme court reaches a guilty verdict. The House votes for impeachment, and the Senate conducts a trial and reaches a guilty verdict. The House and Senate both vote for a bill of impeachment. Only the House votes for a bill of impeachment. A criminal court finds the President guilty of “high crimes and misdemeanors.”