What is "the executive power" and where is it located? - answer-- Located in Article 2
- Majority of what he does is undefined.
- Framers intended to leave it open because they intended on George Washington being President because he knew what to do.
Why was the 1796 election important a...
CONSTITUTIONAL LAW LAW EXAM 2
What is "the executive power" and where is it located? - answer-- Located in Article 2
- Majority of what he does is undefined.
- Framers intended to leave it open because they intended on George Washington being
President because he knew what to do.
Why was the 1796 election important and who won? - answer-- Marked the 1st time in
history that power passed from one ruling administration to another without force of
arms.
- John Adams was elected.
What was the 1798 Sedition Act and how was it received? - answer-- Sedition act made it
a crime, punishable by fine or imprisonment, to bring "false, scandalous, and malicious"
accusations against the president, Congress, or the government.
- Resolutions were passed by Jefferson and Madison that attacked it. They denounced
the Sedition Act in part because it threatened freedom of expression.
- Widely denounced as unconstitutional and the act expired and congress made no
attempt to extend it, and those sentenced were later pardoned by Jefferson.
How did election of 1800 lead to the 12th Amendment? - answer-- The deadlock of the
election between Jefferson and Burr for 73 votes lead to the passage of the 12th
amendment.
What is a "butterfly ballot" and in which case was it important? - answer-- The butterfly
ballot used in the Palm Beach County, Florida U.S. presidential election, 2000 (a ballot
paper that has names down both sides, with a single column of punch holes in the
center, which has been likened to a maze) led to widespread allegations of mismarked
ballots.
-Bush v. Gore
Bush v. Gore - What was the Court's concern with the recounts? - answer-- no evidence
that a manual recount of overvotes would identify additional legal votes.
- The majority's other concern does implicate principles of fundamental fairness. The
majority concludes that the Equal Protection Clause requires that a manual recount be
governed not only by the uniform general standard of the "clear intent of the voter," but
also by uniform subsidiary standards (for example, a uniform determination whether
indented, but not perforated, "undervotes" should count)
- If a recount is done it must be done at all the counties.
, What prompted the 25th Amendment and what issues did it address? - answer--
Assassination of Kennedy and the age of the next in line.
- Was in response to vacancy in the office of Vice President AND advanced age of those
next in line of succession.
- Allows for presidential disability: president can declare that he is unable to discharge
the powers and duties of the office; VP is acting president until disability is removed.
- Vice President and a majority of the Cabinet declares the president is unable to
discharge the powers and duties of the office; VP becomes the acting president and
president restored within 21 days unless declared disabled by 2/3 of both house and
senate.
- Provides for filling a vacancy in the office of VP confirmed by majority vote
Models of Presidential power? - answer-- Constitutional model: Taft model; can only do
what is written in the constitution and is limited
- Stewardship model: Teddy Roosevelt model; unless prohibited by constitution you can
do it. Expansive/Activist
- Prerogative model: Lincoln model; most expansive model. To act according to the
discretion of the public good without the prescription of the law.
Aaron Wildavsky's 2 Presidencies - answer-- Presidents are more likely to be successful
in foreign affairs but have a harder time in domestic affairs because they have more
control in foreign affairs.
What are the limits on the Stewardship Model of Presidential power? - answer-- Unless
specifically prohibited by the Constitution or federal law
- President must enforce all laws and cannot pick and choose what to enforce.
Youngstown - What was wrong with Truman's action? - answer-- We were engaged in a
war in Korea and steel was needed in the production of arms and other military
equipment. Truman didn't want a strike to shut down the mills so he ordered the
Secretary of Commerce to seize the nation's steel mills and keep them in operation.
Ordered mill owners to continue to run their facilities as operators for the US.
- There was no statutory authority for his action.
- President cannot act against the will of congress.
What is a line-item veto? Case? - answer-- Case: Clinton v City of New York (1998)
- The line-item veto, or partial veto, is a special form of veto that authorizes a chief
executive to reject particular provisions of a bill enacted by a legislature without vetoing
the entire bill.
What was the issue in Myers v US?
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