Executive Powers
Name one power explicitly given to the President by the Constitution that relates to national defense.
Serving as Commander-in-Chief
What power does Congress have that can remove a sitting President from office? Give the two-step congressional process name.
Impeachment (House impeaches; Senate tries and can convict/remove).
Which presidential power allows the President to forgive or lessen federal criminal sentences, and to whom does this apply?
Pardon power; applies to federal offenses (not state).
Quote the clause that vests executive power (provide the phrase in context of which Article it appears in).
Article II: "The executive Power shall be vested in a President of the United States of America."
What is the President's Cabinet and how are its members chosen?
Group of department heads advising President; appointed by President and typically confirmed by Senate.
Give one purpose of independent regulatory agencies and one reason they may have limits on presidential removal power.
Independent agencies address specialized areas (e.g., FCC); limits on removal protect independence from political pressure.
Which Supreme Court case limited executive privilege and name the president involved?
United States v. Nixon — limited executive privilege; President Richard Nixon.
Define "executive order" and explain its primary purpose in one or two sentences.
An executive order directs operations of the federal government within existing law.
Explain how the Senate participates in "advice and consent" and one example of a position requiring Senate confirmation.
Senate confirms presidential appointments (e.g., Cabinet secretaries, federal judges).
What is an example of a presidential non-legislative tool used to influence how laws are implemented (name it and give one short effect)?
Signing statements can indicate interpretation or implementation priorities and influence agency action.
What amendment addresses presidential succession and disability, and name one key provision of it.
Twenty-Fifth Amendment: addresses Presidential succession and disability (e.g., vice president becomes acting president if President is incapacitated).
Distinguish between Cabinet departments and independent regulatory agencies in one sentence.
Cabinet departments are major executive units led by secretaries in Cabinet; independent agencies are specialized and often insulated.
Explain how an executive agency implements laws passed by Congress; include the role of rulemaking.
Agencies draft rules to implement statutes, publish proposed rules for comment, then finalize regulations.
Name the case that addressed presidential removal and seizure of private property during the Korean War era and give its basic outcome.
Youngstown Sheet & Tube Co. v. Sawyer — limited seizure powers; the Court curtailed presidential authority to seize private property.
Identify and explain an implied executive power. Give a short example of how a President might use it.
Executive agreements - legal binding agreement between heads of state.
A trade agreement used to encourage trade between countries.
Describe how the judicial branch can check the Executive Branch; give a specific power the courts can use.
Judicial review: courts can declare executive actions unconstitutional or issue injunctions.
Explain "signing statements" and one reason presidents use them.
Signing statements explain a president's interpretation of a law; used to guide enforcement or express constitutional objections.
Explain how Article II has been interpreted to support implied executive powers, giving one historical example of an implied power in practice.
Article II's broad grant has been interpreted to allow implied powers like executive orders and executive agreements (historical examples include wide use of executive orders in emergencies).
Name three Cabinet-level departments and one primary function of each (one sentence total for each).
Examples: Department of State — conducts diplomacy; Department of Defense — oversees military; Department of Justice — enforces federal law.
Provide one example of an independent regulatory agency and describe a typical function it performs.
Example: Securities and Exchange Commission (SEC) regulates securities markets and enforces rules.
Summarize the decision in the case that ruled a president is not immune from civil suits for actions before taking office or unrelated to official duties (name the case).
Clinton v. Jones — President not immune from civil suits for unofficial acts.
Explain the difference between an executive agreement and a treaty, including how each is approved and one implication of that difference.
Executive agreement: does not require Senate two-thirds approval and may be used for routine or flexible foreign commitments; treaty: requires Senate two-thirds.
Identify two checks the President has over Congress (procedural or substantive) and briefly explain each.
Veto power (President rejects bills); veto overrides (Congress can override); also appointments with Senate confirmation (checks incoming judges/officials).
How does federalism constrain executive power? Give one concrete example involving state authority.
Federalism: many policy areas reserved to states (e.g., education, law enforcement), limiting federal executive reach.
Describe the constitutional basis for appointing federal officers and one check that limits abuse of that power.
Appointments Clause (President nominates; Senate confirms); Senate confirmation is a check.
Explain the meaning of "serve at the pleasure of the President" with respect to Cabinet secretaries and one implication for continuity of policy.
"Serve at the pleasure": secretaries can be removed by the President at will, allowing policy alignment but causing turnover.
Describe how Congress provides oversight of executive agencies (name two methods).
Oversight via hearings, budget control/appropriations, investigations, and confirmation process.
Explain how Youngstown Sheet & Tube Co. v. Sawyer (or another major case) clarified limits on presidential power during domestic emergencies.
Youngstown clarified that presidential power is at its lowest when acting contrary to Congressional intent; it set a framework for evaluating executive action.
Describe how the President's role as Commander-in-Chief can create tension with Congress's war powers. Include one statutory limit Congress has placed on that power.
Tension: President can deploy troops quickly.
Statutory limit: War Powers Resolution requiring notification and withdrawal timelines.
How does the War Powers Resolution seeks to limit presidential military action?
The War Powers Resolution requires the President to notify Congress within 48 hours of deploying forces and forbids sustained combat beyond a statutory period without authorization.
Discuss how the budget process gives the President influence over policy and one limit on that influence.
The President proposes the federal budget, influencing priorities; Congress ultimately sets appropriations, limiting the President.
Analyze how the Constitution balances the need for decisive executive action with protections against tyranny; give two constitutional features that reflect that balance.
Balance: separation of powers and checks and balances (e.g., impeachment, Senate advice and consent, judicial review) ensure action and constraint.
Describe the chain of command for executing federal policy from the President to a typical federal agency, including one way Congress can influence that chain.
President sets policy priorities → OMB and Cabinet implement → agency rulemaking/execution; Congress can influence via statutes, appropriations, and oversight.
Analyze the tension between agency expertise and democratic accountability; include one reform or mechanism that addresses the tension.
Tension: agencies have technical expertise but are less directly accountable; reforms include increased transparency, congressional oversight, and merit-based civil service protections.
Choose one landmark case from the list above and analyze its long-term effect on the balance of power among branches; include at least two consequences for future presidents.
Long-term effects (example: United States v. Nixon): reinforced subpoena power, limited absolute privilege, and constrained clandestine executive actions; consequences include greater transparency requirements and judicial enforcement of limits on executive secrecy.