AP NSL EXAM ESSAY STUDY GUIDE 2011 1. The United States Supreme Court receives many appeals, but it hears and rules on a small percentage of cases each year. Numerous factors influence the actions of the Court, both in deciding to hear a case and in the decisions it hands down. a. Define judicial review. Judicial review is a power held in the Supreme Court to declare legislation, laws, bills, acts, and executive orders unconstitutional. b. Explain how judicial review empowers the Supreme Court within the system of checks and balances. Judicial review gives the Supreme Court power over the legislative and executive branch because the Court can declare something that either branch wants to do unconstitutional. c. Describe …show more content…
Frequently, this means that presidents and Congress struggle with each other. a. For each of the presidential powers below, explain one way that congressional decision-making is affected by that power. 1. Veto power. Since the president can easily veto a bill that congress sends to him/her, the veto power forces interaction between the two branches. Congress will try to negotiate and compromise to make sure that the president does not veto their legislation. 2. Power to issue executive orders. If the president issues an executive order, Congress has to respond in line with it. 3. Power as commander-in-chief. Congress has control of the military spending so they can approve, modify, or reject funding that the president wants. b. For each of the congressional powers below, explain one way that presidential decision-making is affected by that power. 1. Legislative oversight power. Since congress is watching the executive branch, the president will try to minimize the number of actions that might draw attention of congress. 2. Senate advice and consent power. The president might start to use executive agreements to avoid conflict in having treaties ratified. Also, the president will weigh the benefits and costs of
Most of the specifications for the executive branch in the Constitution, other than how he is to be elected, have to deal with the interactions between Congress and the President. The president can (fill in the blank) but only if (this part) of Congress approves. The powers of the president have been interpreted widely so that he has more power than I believe the Framers intended. They wanted him to be able to check Congress with veto power and be the head of the military. However, I think that presidents nowadays have too much power. They are active in trying force their policy agenda through Congress, manage foreign relations, and act as the administrative head of the entire nation. The textbook lays it out well in, "The vast size of the executive branch and the number and complexity of decisions that must be made each day pose a challenge for the White House.” (316) In order to deal with the stresses put on the executive branch, there are thousands of employees that work to give the president the information that he needs to make decisions. He has advisors, cabinet members, legislative liaisons; the list goes on and on, but he is the person who actually gets to make all of the choices. The President is limited in some ways and given more power in other ways by the structure laid out for him in the Constitution, and evolved to be what it is now.
Another very notable role of the President also outlined in Article II. Section 2. of the Constitution and reads, “He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court(http://www.archives.gov/exhibits/charters/constitution_transcript.html). It essentially gives the President power to make treaties with foreign nations however, two-thirds of Congress must be in agreement with the decision. Although the President, or the Executive Branch can be interpreted as the most authoritative arm of government, its powers are still limited and restricted by the process of checks and balances. Each branch of government has some governance over the other two divisions. For instance, just as it is outlined above, the President can nominate Ambassadors and Judges of the Supreme Court but the decision must be upheld by Congress. In other words, under the "Advice and Consent clause the appointed member must be sworn in by the Senate. Again, this is an example of how the system of checks and balances limits the powers of the President.
The main breaking point between the President and Congress was in the Vietnam war. This war sparked a debate on who has the right to declare war, and who has the right to only send advisory troops. Only Congress has the right to declare war, the President can only send advisory troops to other countries. This is a very controversial topic because many people think that the President can declare war, but they have to ask the Congress first. Another convincing reason on why Congress is more powerful that the President is the fact that Congress can make laws and the President has no say. Laws are the outline of America, and they are the only thing keeping crime from all streets in all states across America. Those are only two reasons why Congress is more important to America than the President. All of these powers are stated in Article 1 of the Constitution and the powers of the President are listed in Article 2 of the Constitution. Some people still disagree, though, they think that the President has more rights than
Another important power the Chief in Legislature has is the ability to assemble a meeting with the House of Representatives, the Senate, or both. The framers specified this role of the president in in Article II, Section 3. Not only is the president given the authority to call a meeting with congress, he or she is expected to do so (Kesavan & Sidak, 9). In these meetings the president can discuss the state of America, the status
Decisions that presidents had made previously with little congressional participation. Under Article I, Section 8, of the Constitution in the Government of the United States, or in any Department or Officer thereof. Congress is granted responsibility for caring out their powers as well as all other powers in the Constitution. This gives them the constitutional right to establish certain procedural implements for war proceedings. Thus, the central purpose of the War Powers Resolutions to restrain the president from unilaterally deploying U.S. Armed Forces. Constant with this intent, legislation imposed the president to report and consult with congress. More notably, it provides congressional supervision by permitting congress to force troop
If the President is suspected of unlawful acts, he can be impeached, or tried by the Senate for misusing his power. The Senate has the sole power to try all impeachments. If he is found guilty, he can be punished but his sentence can be no more than being thrown out of office and being forbidden to hold any government office. Furthermore, if the President wants to spend money, his request must pass through Congress, since it has control over spending. Lastly, Congress can re-pass a bill that was vetoed by the President. Congress also has checks and balances against itself. The President can veto a bill from Congress, and although Congress can override a veto, obtaining a two-thirds vote to do so is very difficult. Public speeches by the President may also concern the public with an issue, putting pressure on Congress to act upon it. The Judicial branch exerts control over the other two by deciding whether or not actions made by the President or Congress, i.e., laws are constitutional.
Congressional authorization is the ability to empower and allocate funds, which supports Congress with an effective tool for omission and authority of intelligence activities. Congress is expected to have more power than the President and the Supreme Court. Its powers are also known to be Constitutional as well as evolutionary (ushistory). After the Senate as well as the House of Representatives approves a bill or proposed law, it then becomes an actual law. These two houses also share other powers, that involve coin money, the power to declare war, establishing rules of naturalization as well as immigration, raise an army and a navy, regulate commerce, and set up the federal courts along with their jurisdictions (ushistory). Although Presidents can have authority to act without Congressional authorization when necessary for the nations security, it would be better if they did seek Congressional authorization before acting or making any important decision regarding the nations security, in order to preserve Constitutional checks and balances, as well as make the right decisions and protect the President politically.
This mainly talks about what powers the President and Vice President have during their time in office. The Article also talks about how the president and the rest of the branch have powers to veto or accept new laws. Framers had to write detailed descriptions for what the President can do, or else one of the President’s could have done what he wanted and made a dictatorship out of our country. But they also trusted each president with power, and they allow them to make new laws in order to better the country.
The power that the legislative branch holds over the executive branch is the power to go against the vetoes. So if the president decides to veto a bill, for example, the legislative branch can then go an override the veto, and then the process that the bill goes through will just have to start again. “I'm just a bill” from Schoolhouse Rock
-The power of the judicial review is “A court’s power to review statutes to decide if they conform to the U.S. or state constitutions”. It is important to our legal system to have the power of the judicial review as a tool to the disposal of the courts when conflicts arise within the law or constitution.
The president also has the power Veto laws passed by congress. The president has the power to make political appointment and negotiate treaties with foreign countries, however this power also requires the approval of the senate. The President is responsible for making a for appointing his cabinet and federal judges. The president is capable of calling congress in session and the power to adjourn congress.
persuade. He has many options in a lot of areas, though one of them is
The President’s formal powers, as found in Article II of the U.S. Constitution, begins with Commander in Chief of the Armed Forces. This was the first power listed, signifying the prominence placed on keeping the country secure and safe, especially from foreign invasion. The next formal power of the President is the power to grant reprieves and pardons for offenses against the United States. An example of said power would be, President Gerald Ford pardoning Richard Nixon following the Watergate scandal and the President ordering a reprieve or delay in the case of a person on death row until their case can be heard by a higher court. The President also has the power to make Treaties, with Senate approval, and to appoint Ambassadors and Supreme Court Judges, again, with Senate confirmation.
Presidential power has increased immensely over recent years and little is being done in an attempt to restore the original intent of the Constitution. There are multiple factors that affect this, including the executive orders of presidents, the Constitution giving an unequal distribution of power between the executive and legislative branch, the failure to use checks and balances, and the ineffectiveness of Congress. With the lack of congressional involvement in legislative decisions, the president has the ability to take matters in their own hands.
The three branches of government work autonomously, and the president has no immediate impact over Congressional matters. By the utilization of the bully pulpit platform, the president provokes the citizenry to press their Congressional delegates for the result the president wants. The bully pulpit platform is a term that alludes to the utilization of the force of a political office to persuade individuals regarding a thought or bit of enactment. In the event that a bill goes through the governing body in spite of the president's utilization of the bully pulpit, the president has the alternative to decline to sign the enactment and send the enactment back to the starting body. This is called a veto and the president may issue one and return