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    Chapter 14 test Flashcards

    Study with Quizlet and memorize flashcards terms like The President's power to grant pardons A) may be overridden by the Senate. B) applies to cases involving federal and State offenses. C) may be used in cases of impeachment. D) can be used before a person is charged with a crime., The power of the presidency has been cause for debate MAINLY because A) the Constitution provided a loose definition of executive power. B) the presidency is the most powerful office in the world. C) the presidency is an office that operates in full view of the public. D) leaders wanted to prevent the President from becoming a tyrant., The difference between a treaty and an executive agreement is that A) a treaty ends or prevents a war but an executive agreement does not. B) a treaty must begin in the Senate but an executive agreement is made wholly by the President. C) a treaty is with a foreign state but an executive agreement is domestic. D) the President needs Senate approval for a treaty but not for an executive agreement. and more.

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    The President's power to grant pardons

    A) may be overridden by the Senate.

    B) applies to cases involving federal and State offenses.

    C) may be used in cases of impeachment.

    D) can be used before a person is charged with a crime.

    Click card to see definition 👆

    can be used before a person is charged with a crime.

    Click again to see term 👆

    The power of the presidency has been cause for debate MAINLY because

    A) the Constitution provided a loose definition of executive power.

    B) the presidency is the most powerful office in the world.

    C) the presidency is an office that operates in full view of the public.

    D) leaders wanted to prevent the President from becoming a tyrant.

    Click card to see definition 👆

    the Constitution provided a loose definition of executive power.

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    Textbook solutions for this set

    Magruder's American Government

    1st Edition Savvas Learning Co 555 explanations

    Government in America: People, Politics, and Policy

    16th Edition

    George C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry

    269 explanations

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    Terms in this set (32)

    The President's power to grant pardons

    A) may be overridden by the Senate.

    B) applies to cases involving federal and State offenses.

    C) may be used in cases of impeachment.

    D) can be used before a person is charged with a crime.

    can be used before a person is charged with a crime.

    The power of the presidency has been cause for debate MAINLY because

    A) the Constitution provided a loose definition of executive power.

    B) the presidency is the most powerful office in the world.

    C) the presidency is an office that operates in full view of the public.

    D) leaders wanted to prevent the President from becoming a tyrant.

    the Constitution provided a loose definition of executive power.

    The difference between a treaty and an executive agreement is that

    A) a treaty ends or prevents a war but an executive agreement does not.

    B) a treaty must begin in the Senate but an executive agreement is made wholly by the President.

    C) a treaty is with a foreign state but an executive agreement is domestic.

    D) the President needs Senate approval for a treaty but not for an executive agreement.

    the President needs Senate approval for a treaty but not for an executive agreement.

    The debate over the powers of the presidency is essentially a debate

    A) about the system of checks and balances.

    B) about Article III of the Constitution.

    C) between supporters of a strong presidency and supporters of a weak presidency.

    D) about the electoral college system.

    between supporters of a strong presidency and supporters of a weak presidency.

    A President can use armed forces abroad

    A) after a declaration of war has been issued by Congress.

    B) once Congress has approved the decision.

    C) pending approval by Congress within 48 hours.

    D) at his or her own discretion.

    at his or her own discretion.

    The President's military powers

    A) only apply to the use of the United States Army and its weapons.

    B) are shared with Congress.

    C) may never be used to keep the domestic peace.

    D) are strictly limited to times of war.

    are shared with Congress.

    Treaties can be

    A) declared unconstitutional by the Supreme Court.

    B) all of the above.

    C) repealed by Congress.

    D) made with the Senate's consent.

    all of the above.

    The power to issue executive orders is the

    A) removal power.

    B) appointment power.

    C) ordinance power. D) issue power. ordinance power.

    The President's power to execute the law covers

    A) only those laws that are described or implied in the Constitution.

    B) only those federal laws that the President supports.

    C) all federal laws, whether or not the President agrees with them.

    D) all the laws of foreign countries to which the United States sends aid.

    all federal laws, whether or not the President agrees with them.

    The President CANNOT exercise judicial power by

    A) reducing the length of a sentence.

    B) granting pardons in cases of impeachment.

    C) granting amnesty to a group of law violators.

    D) postponing the carrying out of a sentence.

    granting pardons in cases of impeachment.

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    Inherent Presidential Power and Constitutional Structure on JSTOR

    Neil Kinkopf, Inherent Presidential Power and Constitutional Structure, Presidential Studies Quarterly, Vol. 37, No. 1, Special Issue: Invoking Inherent Presidential Powers (Mar., 2007), pp. 37-48

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    JOURNAL ARTICLE Neil Kinkopf

    Presidential Studies Quarterly

    , pp. 37-48 (12 pages)

    Published By: Wiley

    https://www.jstor.org/stable/20619293

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    Presidential Studies Quarterly (PSQ) is the only scholarly journal that focuses on the most powerful political figure in the world – the president of the United States. An indispensable resource for understanding the U.S. presidency, Presidential Studies Quarterly offers articles, features, review essays, and book reviews covering all aspects of the American presidency. PSQ's distinguished contributors are leading scholars and professionals in political science, history, and communications

    Wiley is a global provider of content and content-enabled workflow solutions in areas of scientific, technical, medical, and scholarly research; professional development; and education. Our core businesses produce scientific, technical, medical, and scholarly journals, reference works, books, database services, and advertising; professional books, subscription products, certification and training services and online applications; and education content and services including integrated online teaching and learning resources for undergraduate and graduate students and lifelong learners. Founded in 1807, John Wiley & Sons, Inc. has been a valued source of information and understanding for more than 200 years, helping people around the world meet their needs and fulfill their aspirations. Wiley has published the works of more than 450 Nobel laureates in all categories: Literature, Economics, Physiology or Medicine, Physics, Chemistry, and Peace. Wiley has partnerships with many of the world’s leading societies and publishes over 1,500 peer-reviewed journals and 1,500+ new books annually in print and online, as well as databases, major reference works and laboratory protocols in STMS subjects. With a growing open access offering, Wiley is committed to the widest possible dissemination of and access to the content we publish and supports all sustainable models of access. Our online platform, Wiley Online Library (wileyonlinelibrary.com) is one of the world’s most extensive multidisciplinary collections of online resources, covering life, health, social and physical sciences, and humanities.

    This item is part of a JSTOR Collection.

    For terms and use, please refer to our

    Presidential Studies Quarterly © 2007 Center for the Study of the Presidency and Congress

    Source : www.jstor.org

    The President Has Usurped the Constitutional Power of Congress

    The Constitution provides that “All legislative powers herein granted shall be vested in a Congress of the United States,” and it goes on to grant Congress a robust-and fearsome-list of powers. James Madison assumed that “[i]n republican government, the legislative authority necessarily predominates,” and he cautioned that the legislative department may tend to “draw[] all […]

    June 8, 2016

    The President Has Usurped the Constitutional Power of Congress

    The Constitution provides that "All legislative powers herein granted shall be vested in a Congress of the United States," and it goes on to grant Congress a robust-and fearsome-list of powers. James Madison assumed that "[i]n republican government, the legislative authority necessarily predominates," and he cautioned that the legislative department may tend to "draw[] all power into its impetuous vortex." But modern politics and law seem to tell a quite different story. With executive orders, administrative regulations, creative interpretations of federal statutes, and executive agreements with other nations, it may seem that the President, not Congress, is, in effect, wielding the most potent legislative power. Indeed, the Supreme Court is currently poised to decide whether President Obama's unilateral immigration actions usurped Congress's power and flouted his duty to "take Care that the Laws be faithfully executed." But some argue that this is nothing new: they say that the President is not exercising legislative power; he is simply exercising his well-established executive discretion. Is Congress still the most powerful branch, or is this the era of the imperial presidency? Has the President usurped Congress's legislative power?

    Main Points

    For The Motion

    The Framers separated the powers of government into three branches and established a system of checks and balances to guard against abuse of those powers. There has been a pattern of overreach by the executive branch. As James Madison wrote in Federalist No. 51, “[i]n republican government, the legislative authority necessarily predominates.”

    With executive orders, administrative regulations, creative interpretations of federal statutes, and executive agreements with other nations, it may seem that the president, not Congress, wields the most potent legislative power.

    Article II, Section 3 of the Constitution states that the president “shall take Care that the Laws be faithfully executed,” a duty Obama flouted by taking unilateral action to suspend the employer mandate of Obamacare, and through his executive orders on immigration, DACA and DAPA.

    The Constitution clearly states Congress alone has the power to declare war. Obama exceeded his authority by waging war in Libya without congressional consent.

    The president’s use of recess appointments is, as Justice Scalia wrote, “[a] self-aggrandizing practice adopted by one branch well after the founding, often challenged, and never before blessed by [the Supreme Court].”

    Against The Motion

    Strong executive power has been necessary for an effective and functioning government. The Framers feared the abuse of power, but they also feared a weak executive unable to enforce the laws of our nation. In Federalist No. 70, Alexander Hamilton argued for a strong, “energetic” president, writing that “[a] feeble Executive implies a feeble execution of the government.”

    Over time, Congress has given the president enormous discretion to determine our nation’s policy.

    With DACA and DAPA, the Obama administration has exercised prosecutorial discretion to make the best use of limited resources to prioritize the removal of undocumented immigrants who pose a threat to security, and defer the removal of others.

    The president has authority to use military force without a declaration of war. The Libya intervention fell short of war—it did not involve sustained fighting or ground troops—and fell within the limits of the War Powers Resolution.

    On presidential recess appointments, Justice Breyer wrote, that we should be reluctant to “upset this traditional practice where doing so would seriously shrink the authority that presidents have believed existed and have exercised for so long.”

    Source : www.intelligencesquaredus.org

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