Presidential Powers
This constitutional article establishes the executive branch.
What is Article II?
A presidential rejection of legislation passed by Congress.
What is a veto?
Location: The federal district containing the White House and most cabinet member headquarters
What is Washington, DC?
The President vetoes a bill. What constitutional action can Congress take in response?
Override it with two-thirds of each chamber.
The President nominates a Supreme Court Justice. The Senate refuses to confirm the nominee. Has the Senate violated the Constitution simply by rejecting the President's choice?
No. Senate advice and consent is a constitutional check on presidential appointment power.
The President can grant these for federal crimes, except in cases of impeachment.
What are pardons?
A directive issued by the President that manages the operations of the executive branch.
What is an executive order?
Location: the state containing the Pentagon, headquarters of the Department of Defense.
What is Virginia?
The President nominates a federal judge, but the Senate rejects the nominee. What is the immediate effect?
The nominee does not receive the appointment.
The President orders an executive agency to implement a federal law differently from what Congress explicitly required. What question should a court consider?
Whether the executive action is consistent with the statute and the President's constitutional authority.
The President nominates federal judges, but this institution provides advice and consent.
What is the Senate?
The removal of a government official from office after impeachment requires this constitutional process.
What is conviction by the Senate?
How many electoral votes does Washington, D.C., get in a presidential election?
What is 3?
Congress dramatically reduces funding for an executive program. Why could this limit presidential power even if the President supports the program?
Congress controls appropriations/federal spending.
Congress passes a law. The President believes it is unconstitutional but Congress overrides the President's veto. Does the President's constitutional objection automatically invalidate the law?
No. The veto override makes the bill law; constitutional disputes may subsequently be litigated in the courts.
The President negotiates a treaty. For it to receive Senate approval, this fraction of Senators present must concur.
What is two-thirds?
The President's ability to withhold certain executive-branch communications from disclosure is commonly called this.
What is executive privilege?
A hurricane strikes Florida, Georgia, and South Carolina. Name one executive agency likely involved in the federal response and explain why geography affects the response.
What is FEMA? And a student explanation
Congress passes a law restricting presidential action. The President claims the restriction interferes with Article II powers. What constitutional conflict has developed?
A separation-of-powers dispute between the legislative and executive branches.
The President argues that national security requires immediate action. Congress argues that the action exceeds presidential authority. Why can't "national security" alone settle the constitutional question?
Government officials remain subject to constitutional and statutory limits; the relevant powers and restrictions still have to be examined.
Congress passes a bill by a two-thirds vote in the House and a simple majority in the Senate. The President vetoes it. Explain whether Congress can override the veto.
No. An override requires two-thirds in both chambers.
Unlike a treaty, this type of international agreement generally does not go through the Article II treaty-approval process requiring a two-thirds Senate vote.
What is an executive agreement?
A President must respond to a security crisis involving the U.S.–Mexico border. Identify the four U.S. states bordering Mexico and name an executive department likely to play a major role.
What are California, Arizona, New Mexico, and Texas; Department of Homeland Security?
Presidents increasingly rely on executive actions when Congress is unwilling to enact their policy proposals. Identify one potential effect on presidential power and one limitation on this strategy.
It can increase unilateral executive action, but such actions remain constrained by statutes and the Constitution and may face judicial review or later executive reversal.
A President takes an action not explicitly mentioned in Article II and argues that it is necessary to perform a constitutional responsibility. Congress argues that the President has exceeded executive authority.
Name three types of evidence you would examine before deciding whether the action is constitutional.
Possible responses include constitutional text, federal statutes, judicial precedent, historical practice, congressional authorization, or relevant constitutional structure.