Chapter Five The Presidency Multiple Choice 1. What did Lord Acton, a British historian and political figure, note about power? a. It is very expensive. b. It really is not necessary. c. It tends to corrupt. d. It should only be used in military situations. e. It should always be used as a first resort. Answer: c. It tends to corrupt. 2. The Presidency is designed with the following characteristics in mind? a. Centered on one individual as the executive power. b. Selection made by an independent body of individual electors. c. Fixed term of office with the possibility of reelection. d. Impeachment process allows removal from office. e. All of the above. Answer: e. All of the above. 3. In The Federalist, ________ Alexander Hamilton wrote that “energy in the executive is a leading character of good government.” a. no. 10 b. no. 30 c. no. 50 d. no. 70 e. no. 90 Answer: d. no. 70 4. Which of the following is NOT one of the key principles upon which the framers based the presidency? a. The president could serve no more than two 4-year terms. b. The president could only be removed from office through an impeachment and removal process. c. The office of chief executive would be vested in one person. d. The president would have the power of the veto. e. The president was not required to appoint an advisory council. Answer: a. The president could serve no more than two 4-year terms. 5. A president must be at least _____ years of age. a. 25 b. 35 c. 45 d. 50 e. 65 Answer: b. 35 6. The Constitution outlines executive powers in a. Article III. b. Article IV. c. Article I. d. Article II. e. Article V. Answer: d. Article II. 7. Presidential powers are a. usually open to interpretation. b. never open to interpretation. c. always open to interpretation. d. can only be defined by the president. e. can only be defined by Congress. Answer: a. usually open to interpretation. 8. The executive veto permits the president to a. control the flow of legislation. b. determine which party in Congress will become the majority. c. defend against legislative excesses. d. nullify Supreme Court decisions. e. sign legislation into law. Answer: c. defend against legislative excesses. 9. How did the framers see the veto? a. as unnecessary b. as insignificant c. as a bulwark of executive independence d. as something to be used on a regular basis e. as something that would undermine the system of checks and balances Answer: c. as a bulwark of executive independence 10. Which of the following is NOT a requirement to become president? a. must be at least thirty-five years old b. must have lived in the United States for at least fourteen years c. must be a natural-born citizen d. must be affiliated with a major political party e. must have degree in international relations. Answer: d. must be affiliated with a major political party 11. One of the president’s most potent legal constitutional weapons is a. press coverage. b. the veto. c. the ability to communicate with Congress. d. the chance to serve two terms. e. the franking privilege. Answer: b. the veto. 12. Who was the first female presidential candidate? a. Victoria Woodhull b. Gloria Adams c. Sandra Wilson d. Sylvia Macon e. Hillary Clinton Answer: a. Victoria Woodhull 13. Treaties a. have no international effect after five years. b. can only be used with approval by the House. c. must have approval of the United Nations. d. are no longer used by modern presidents e. are formal international agreements between sovereign states Answer: e. are formal international agreements between sovereign states 14. Presidents can use a “backdoor procedure known as a(n) __________” to bypass the Senate regarding presidential appointments. a. executive agreement b. plausible deniability c. signing statement d. pocket veto e. recess appointment Answer: e. recess appointment 15. The constitutional powers given to the president include: a. veto power b. Commander-In-Chief of the military c. appointment power d. treaty power e. all of the above. Answer: e. all of the above. 16. A(n) __________ is a government-to-government agreement with essentially the same legal force as a treaty. a. war power b. signing statement c. appointment power d. executive privilege e. executive agreement Answer: e. executive agreement 17. The most dramatic example of a treaty involved President a. Theodore Roosevelt. b. Woodrow Wilson. c. Franklin Roosevelt. d. Harry Truman. e. John F. Kennedy Answer: b. Woodrow Wilson. 18. Who pardoned Richard Nixon? a. Hubert Humphrey b. Lyndon Johnson c. Jimmy Carter d. Gerald Ford e. George H. W. Bush Answer: d. Gerald Ford 19. Who was the first president to invoke what has come to be known as executive privilege? a. George Washington b. James Madison c. James Polk d. Andrew Johnson e. Andrew Jackson Answer: a. George Washington 20. In which of the following instances would the president be acting as commander in chief? a. Traveling to a foreign nation b. Signing a bill c. Negotiating a treaty d. Invoking executive privilege e. Committing troops to combat Answer: e. Committing troops to combat 21. The president’s implied or inherent power to withhold information on the grounds that such information would affect either national security or the president’s ability to discharge official duties a. is referred to as executive privilege. b. is referred to as an executive agreement. c. is no longer valid. d. has no precedent in the history of the United States. e. is not allowed under the Constitution. Answer: a. is referred to as executive privilege. 22. The best-known example of executive privilege involved President a. Truman. b. Eisenhower. c. Kennedy. d. Nixon. e. Carter Answer: d. Nixon. 23. Identify the legislative arm of Congress. a. the Senate Appropriations Committee b. the House Budgetary Committee c. the Government Accountability Office d. the Internal Scrutiny Office e. the Senate Ethics Committee. Answer: c. the Government Accountability Office 24. Most Americans expect the president to be a. truthful. b. timid. c. deeply religious. d. ruthless. e. egotistical. Answer: a. truthful. 25. The rally effect is a term used to describe a. the euphoria which sweeps the country after an American air strike. b. the willingness of legislators to vote along party lines. c. the margin of victory for a presidential candidate. d. the increased support the president receives during a time of crisis. e. the belief that the president must serve popular interests Answer: d. the increased support the president receives during a time of crisis. 26. Nearly all historians rank __________ as the greatest U.S. president to ever hold the office. a. Ronald Reagan b. John F. Kennedy c. Abraham Lincoln d. John Adams e. Bill Clinton Answer: c. Abraham Lincoln 27. Which of the following presidents was ranked last in overall ranking? a. Richard Nixon b. Chester Arthur c. Rutherford Hayes d. James K. Polk e. James Buchanan Answer: e. James Buchanan 28. The stewardship approach to the presidency was articulated by a. Benjamin Franklin. b. Theodore Roosevelt. c. George Washington. d. Grover Cleveland. e. William Howard Taft Answer: b. Theodore Roosevelt. 29. The stewardship theory a. expands the power of Congress. b. expands the power of the Supreme Court c. limits the power of Congress. d. limits the power of the president. e. expands the power of the president. Answer: e. expands the power of the president. 30. The constructionist theory of presidential powers was articulated by a. William Howard Taft. b. Ronald Reagan. c. James Buchanan. d. Lyndon Johnson. e. Theodore Roosevelt. Answer: a. William Howard Taft. 31. Theodore Roosevelt a. fought against the independence of Panama. b. did not believe in the stewardship approach to politics. c. believed the president had no moral duty to serve popular interests. d. had an activist, expansionist view of presidential powers. e. believed the President should only do what the Constitution allowed. Answer: d. had an activist, expansionist view of presidential powers. 32. The constructionist theory a. expands the power of Congress. b. expands the power of the president. c. limits the power of Congress. d. limits the power of the president. e. expands the power of the Supreme Court. Answer: d. limits the power of the president. 33. Which president established de facto concentration camps? a. Warren Harding b. Franklin Roosevelt c. Theodore Roosevelt d. Howard Taft e. George W. Bush Answer: b. Franklin Roosevelt 34. Although the chief executive is also commander in chief, a. the president cannot, at any time, make war without consent of Congress. b. the president actually has very little involvement in military decisions. c. presidential military power can be restrained by both Congress and the Supreme Court. d. the president must give formal approval on all military decisions. e. the president makes no decisions regarding military action whatsoever, Answer: c. presidential military power can be restrained by both Congress and the Supreme Court. 35. In the case of United States v. Curtiss-Wright, the Supreme Court ruled that in the area of foreign affairs a. the United Nations is supreme. b. the president is sovereign. c. Congress should have the last word. d. the Court itself possesses the ultimate authority. e. the president has unlimited powers. Answer: b. the president is sovereign. 36. Congress passed the War Powers Resolution of 1973 in response to a. the Treaty of Paris. b. President Johnson’s actions during the Vietnam War. c. the Supreme Court’s decision in the 1952 case of Youngstown Sheet and Tube Company v. Sawyer. d. the internment of Japanese American citizens following the bombing of Pearl Harbor. e. the Emancipation Proclamation. Answer: b. President Johnson’s actions during the Vietnam War. 37. The Gulf of Tonkin Resolution allowed __________ to carry out any military actions deemed necessary in Vietnam. a. Woodrow Wilson b. Theodore Roosevelt c. Franklin Roosevelt d. Herbert Hoover e. Lyndon B. Johnson Answer: e. Lyndon B. Johnson 38. Which president seized the steel industry? a. Warren Harding b. Harry Truman c. Dwight Eisenhower d. Richard Nixon e. Gerald Ford Answer: b. Harry Truman 39. Congress no longer needs to declare war because a. this is now the responsibility of the United Nations. b. the president can fight a war without a formal declaration. c. it is no longer necessary with an all-volunteer military. d. the Constitution has been amended to make this unnecessary. e. the decision lies in the hands of Homeland Security. Answer: b. the president can fight a war without a formal declaration. 40. __________ was the first twentieth-century president to use mass persuasion for a particular policy goal. a. Franklin D. Roosevelt b. John F. Kennedy c. Ronald Reagan d. Barack Obama e. Woodrow Wilson Answer: e. Woodrow Wilson 41. A broad interpretation of presidential powers allows that a. presidents can only exercise those powers spelled out in the Constitution. b. presidents have certain inherent powers that may not be specifically listed in the Constitution. c. presidents should be allowed to appoint the leaders of Congress. d. presidents should not be allowed to send troops overseas unless approved by the Congress. e. all of the above. Answer: b. presidents have certain inherent powers that may not be specifically listed in the Constitution. 42. Which president is associated with the term ‘bully-pulpit’? a. Woodrow Wilson b. Andrew Jackson c. John Quincy Adams d. Theodore Roosevelt e. George Washington Answer: d. Theodore Roosevelt 43. When the president takes his or her message directly to the people, they are said to be a. going crazy. b. showing up Congress. c. begging for mercy. d. are at the end of their ropes. e. going public. Answer: e. going public. 44. The term ‘going public’ was coined by a. Ronald Reagan. b. George Bush. c. Samuel Kernell. d. John Kennedy. e. Anderson Cooper. Answer: c. Samuel Kernell. 45. The textbook states that going public a. is more difficult than bargaining. b. is easier than bargaining. c. is riskier than bargaining. d. is roughly the same as bargaining. e. is rarely used by politicians. Answer: c. is riskier than bargaining. 46. The President’s de facto top aide is a. the chief of staff. b. his wife. c. the Speaker of the House. d. the Senate Majority Leader. e. the Vice-President Answer: a. the chief of staff. 47. The Executive Office of the President (EOP) was created in ______, this office contains all staff units that support the president in administrative duties. a. 1929 b. 1939 c. 1949 d. 1959 e. 1969 Answer: b. 1939 48. The _______ is the second-highest elected official in the United States. a. President b. Vice President c. the Speaker of the House d. the Senate Majority Leader e. the Senate Minority Leader Answer: b. Vice President 49. The size of the White House staff has increased because a. the executive budget is larger. b. the size and complexity of government has increased. c. the size of Congress has increased. d. the first lady has assumed more responsibilities. e. the size of governmental bureaucracies have increased. Answer: b. the size and complexity of government has increased. 50. The National Security Council was established to a. advise the president on all issues, domestic and foreign, which relate to national security. b. act as a liaison between the president and the media. c. act as a liaison between the president and state governors. d. assume command of the military during times of national crises. e. after Hurricane Katrina to ensure security in New Orleans. Answer: a. advise the president on all issues, domestic and foreign, which relate to national security. 51. The Council of Economic Advisors was created by the Employment Act of a. 1902. b. 1936. c. 1946. d. 1956. e. 1966 Answer: c. 1946. 52. Collectively, the secretary of the Treasury, the Council of Economic Advisors, the Office of Management and Budget, and the chair of the Federal Reserve Board is known as a. the troika. b. the White House Commerce Commission. c. the Trilateral Commission. d. the quadriad. e. the cabinet. Answer: d. the quadriad. 53. The Office of Management and Budget a. was created by Theodore Roosevelt in 1905. b. is the least powerful unit in the Executive Office. c. prepares and implements the federal budget. d. was dissolved by George W. Bush in 2006 in an effort to streamline government. e. is an important part of the President’s cabinet. Answer: c. prepares and implements the federal budget. 54. The __________ is a group of presidential advisers, including secretaries of the major bureaucracy departments and any other officials the president designates. a. Office of Management and Budget b. National Security Council c. Council of Economic Advisors d. Cabinet e. White House Office Answer: d. Cabinet 55. The inner cabinet consists of the secretaries of a. state, defense, treasury, and justice. b. transportation, agriculture, energy, and state. c. justice, health and human services, commerce, and interior. d. labor, treasury, interior, and state. e. labor, heath and human services, and state. Answer: a. state, defense, treasury, and justice. 56. Since it was neither constitutionally nor statutorily created, the ________ as such does not legally exist. a. Department of Labor b. Office of Management and Budget c. Department of Defense d. Department of Homeland Security e. Cabinet Answer: e. Cabinet 57. The vice president’s only constitutional powers are to a. preside over the Senate and cast a vote when the Senate is deadlocked. b. serve as majority leader of the House and head the White House staff. c. sign unimportant legislation and attend funerals of dignitaries. d. serve as majority leader of the Senate. e. make declarations of war. Answer: a. preside over the Senate and cast a vote when the Senate is deadlocked. 58. Most of the vice president’s responsibilities are a. determined by Congress. b. determined by the president. c. determined by the federal judiciary. d. determined by the White House staff. e. determined by the Supreme Court. Answer: b. determined by the president. 59. After the vice president comes the __________ in the presidential line of succession. a. Senate President Pro Tempore b. Secretary of State c. Speaker of the House of Representatives d. Attorney General e. Senate Majority Leader Answer: c. Speaker of the House of Representatives 60. Which of the following units DOES NOT belong to the Executive Office of the President (EOP)? a. the National Security Council. b. the Council of Economic Advisers. c. the Office of Management and Budget. d. the Cabinet e. none of them belong to the EOP Answer: d. the Cabinet 61. The Executive Office of the President (EOP), which contains all staff units that support the president in administrative duties, was created in what year? a. 1929 b. 1939 c. 1949 d. 1959 e. 1969 Answer: b. 1939 True or False 62. The appointment power of the president allows the vice president to staff the executive branch with people who will help promote his policies. Answer: False 63. Lord Acton, a British historian, noted that power tends to corrupt. Answer: True 64. The presidency may be the framer’s most original contribution. Answer: True 65. An American president must be at least thirty years of age. Answer: False 66. In 1939, The Executive Office of the President (EOP) was established, providing permanent institutionalized and personal staff for the President. Answer: True 67. In Youngstown Sheet and Tube Company (1952), the Supreme Court upheld President Truman’s seizure of the domestic steel industry. Answer: False 68. Perhaps the president’s most potent legal constitutional weapon is the veto. Answer: True 69. Congress can override a president’s veto by a two-thirds vote in each house. Answer: True 70. President Franklin Roosevelt never exercised a presidential veto. Answer: False 71. In 1985, President Ronald Reagan dared Congress to raise taxes. Answer: True 72. George Washington was the first president to invoke what has come to be known as executive privilege. Answer: True 73. The president has the power to convene Congress in extraordinary circumstances. Answer: True 74. The great paradox of the presidency is that no other office in America unites so much power and purpose to help Americans approach their democratic potential, yet also poses the most serious threats to the ideals of democracy. Answer: True 75. Treaty approval requires a three-fourths majority of House members. Answer: False 76. The most dramatic example of a treaty rejection took place in 1919, when the Senate failed to ratify Woodrow Wilson’s Treaty of Versailles. Answer: True 77. The Constitution explicitly mentions executive privilege. Answer: False 78. The best-known case of executive privilege involved President Richard Nixon. Answer: True 79. The Government Accountability Office is the legislative arm of Congress. Answer: True 80. President Ford refused to pardon Richard Nixon. Answer: False 81. The Constitution is silent on how much actual power a president should possess. Answer: True 82. The power of the presidency has been steadily declining since the early 1900s. Answer: False 83. In times of crisis, Congress generally acquiesces to the president. Answer: True 84. Most legislation addressed by Congress originates in the executive branch. Answer: True 85. The executive veto permits the president to defend against legislative excesses. Answer: True 86. Increasingly, voters have shown that the character of a president is of little importance to them. Answer: False 87. Presidents are the chief architects of their political party’s fortune. Answer: True 88. President Abraham Lincoln received the highest overall ranking of American presidents by historians. Answer: True 89. Theodore Roosevelt articulated the constructionist approach to presidential power. Answer: False 90. On the whole, Americans have sided with an activist interpretation of the presidency. Answer: True 91. The Constructionist theory limits the power of the president. Answer: True 92. The theory of inherent powers argues that the Constitution allows the president to possess extraordinary powers during emergency conditions. Answer: True 93. The president’s pre-eminence in the field of foreign affairs has been recognized and legitimized by the Supreme Court, which enunciated its position in the 1936 case of United States v. Curtiss-Wright. Answer: True 94. Franklin Roosevelt ordered more than 100,000 West Coast Japanese Americans to internment camps. Answer: True 95. Thomas Jefferson in 1797 referred to the presidency as “a splendid misery.” Answer: True 96. The War Powers Resolution was passed in 1973 over President Nixon’s veto. Answer: True 97. Cabinet officers act as a link between the president and the rest of the American political system. Answer: True 98. Woodrow Wilson was the first twentieth-century president to use mass persuasion for a particular policy goal. Answer: True 99. Going public allows presidents to promote themselves and their policies to the American people. Answer: True 100. Going public has become less and less popular among presidents over the years. Answer: False 101. One of the paradoxes of the Presidency entails the presidency sometimes being too strong yet at other times too weak. Answer: True 102. The White House staff often end up usurping policy-making power normally held by cabinet secretaries. Answer: True 103. The president’s most important aide is the secretary of state. Answer: False 104. The federal government has no single executive office building. Answer: True 105. The Constitution fixes the size of the president’s cabinet at 42. Answer: False 106. The vice president is not a member of the president’s cabinet. Answer: True 107. Dick Cheney had no political experience prior to serving as George W. Bush’s vice president. Answer: False 108. The National Security Council was established to advise the president on all issues, domestic and foreign, that relate to national security. Answer: True Essay Questions 109. Identify the legal qualifications to be president. Are they necessary? Why? Answer: In the United States, the legal qualifications to be president are outlined in Article II, Section 1 of the U.S. Constitution: 1. Natural-born citizen: The president must be a natural-born citizen of the United States. This means they must have been born on U.S. soil or born to parents who are U.S. citizens, regardless of where the birth takes place. 2. At least 35 years old: The president must be at least 35 years old at the time of their inauguration. 3. Resident of the United States for at least 14 years: The president must have been a resident of the United States for at least 14 years before taking office. These qualifications are seen as necessary for several reasons: 1. Allegiance and loyalty: The natural-born citizen requirement ensures that the president has a strong allegiance and loyalty to the United States. This is important because the president is the head of state and commander-in-chief of the military. 2. Maturity and experience: The age requirement of 35 years is meant to ensure that the president has a certain level of maturity and life experience. The presidency is a demanding position that requires sound judgment and decision-making skills. 3. Understanding of the country: The residency requirement ensures that the president has a good understanding of the country and its people. This is important for representing the interests of the American people both domestically and internationally. Overall, these qualifications are intended to ensure that the president is qualified, experienced, and committed to serving the best interests of the United States. 110. Why were the framers vague in the description of presidential powers described in the Constitution? How did this vagueness shape the powers of the president over time? Answer: The framers of the Constitution were intentionally vague in describing presidential powers for several reasons. First, they sought to create a flexible framework that could adapt to changing circumstances and future challenges. Second, they wanted to avoid overly restricting presidential authority, as they believed a strong executive was necessary for effective governance. Third, they sought to balance the powers of the executive branch with those of the legislative and judicial branches, promoting a system of checks and balances. This vagueness has led to the expansion of presidential powers over time, as presidents and the courts have interpreted the Constitution broadly to accommodate new situations. For example, the power of executive orders, which allow the president to direct the operations of the federal government without congressional approval, has been significantly expanded from its original intent. Similarly, the president's role as commander-in-chief has been interpreted to give the president broad authority in military matters, including the ability to commit troops to combat without a formal declaration of war from Congress. Overall, the vagueness in the description of presidential powers has allowed the office to adapt and respond to the changing needs of the nation, but it has also led to debates and conflicts over the proper limits of presidential authority. 111. Cite and explain a number of presidential powers. Answer: 1. Commander-in-Chief: The president is the commander-in-chief of the U.S. armed forces, giving them ultimate authority over the military. 2. Executive Orders: The president can issue executive orders, which have the force of law, to direct the operations of the federal government. Executive orders are subject to judicial review and can be overturned by Congress. 3. Veto Power: The president has the power to veto legislation passed by Congress. Congress can override a presidential veto with a two-thirds majority in both the House of Representatives and the Senate. 4. Appointment Power: The president has the power to appoint federal officials, including judges, ambassadors, and cabinet members, with the advice and consent of the Senate. 5. Pardon Power: The president has the power to grant pardons and reprieves for federal crimes, except in cases of impeachment. 6. Diplomatic Powers: The president has the authority to negotiate treaties with foreign nations, subject to the advice and consent of the Senate. The president also has the power to receive ambassadors and other public ministers. 7. State of the Union Address: The president is required to periodically give Congress information on the state of the union and recommend measures for their consideration. 8. Appointment Power: The president can appoint federal judges, ambassadors, and other officials with the advice and consent of the Senate. 9. Legislative Recommendations: The president can recommend legislation to Congress and can call special sessions of Congress. 10. Executive Agreements: The president can enter into executive agreements with foreign nations without the need for Senate approval, although these agreements are not considered treaties and do not have the same legal standing. These powers, along with others, form the basis of the president's authority and influence in the U.S. government. However, the extent and limitations of these powers have been the subject of debate and interpretation throughout U.S. history. 112. Discuss the functional roles of the president. Answer: The President of the United States, as outlined in the Constitution, serves several functional roles: 1. Chief Executive: The President is the head of the executive branch of the federal government and is responsible for enforcing laws, directing the executive agencies, and overseeing the implementation of policies. 2. Commander-in-Chief: The President is the commander-in-chief of the U.S. armed forces, with the authority to command military forces and make key military decisions. 3. Chief Diplomat: The President is the primary representative of the United States in foreign affairs, responsible for negotiating treaties, appointing ambassadors, and conducting diplomacy with other nations. 4. Chief Legislator: While Congress is responsible for making laws, the President plays a significant role in the legislative process by proposing legislation, influencing Congress, and signing or vetoing bills. 5. Head of State: The President serves as the ceremonial head of the United States, representing the country at official functions and embodying the values and ideals of the nation. 6. Party Leader: The President is typically the leader of their political party and plays a role in shaping the party's platform, fundraising, and supporting party candidates in elections. 7. Chief Economist: While not a formal role, the President often plays a significant role in shaping economic policy, including budget proposals, tax policy, and economic regulations. 8. Crisis Manager: The President is expected to provide leadership during times of crisis, such as natural disasters, terrorist attacks, or economic downturns, coordinating the government's response and reassuring the public. These roles are not exhaustive, and the specific responsibilities of the President can vary depending on the circumstances and the individual occupying the office. 113. How have the powers of the presidency expanded over time? Why might this be the case? Answer: The powers of the presidency in the United States have expanded significantly over time, largely due to historical developments, changes in societal expectations, and interpretations of the Constitution. Several key factors have contributed to this expansion: 1. Executive Orders: Presidents have increasingly used executive orders to implement policies and bypass Congress, especially in areas where congressional action is slow or unlikely. This has allowed presidents to take decisive action on issues ranging from civil rights to national security. 2. War Powers: The power of the president as commander-in-chief has expanded, particularly in the context of military intervention. Presidents have engaged in military actions without congressional declaration of war, relying on the War Powers Resolution of 1973, which has been interpreted broadly to allow for military action without explicit congressional approval. 3. Administrative Agencies: The growth of the federal government and the establishment of numerous administrative agencies have given presidents more influence over policy implementation. Presidents appoint agency heads and can shape policy through these agencies. 4. Media and Public Opinion: The rise of mass media and the 24-hour news cycle have increased the visibility of the presidency and allowed presidents to communicate directly with the public, bypassing traditional channels of communication and exerting influence over public opinion. 5. Party Polarization: In an era of increased party polarization, presidents have often faced a divided Congress, making it difficult to pass legislation. This has led presidents to rely more heavily on executive actions to achieve their policy goals. 6. Globalization and National Security: The increasing complexity of global issues and the rise of new security threats have led to an expansion of presidential powers in the areas of foreign policy and national security. 7. Legal Interpretation: The interpretation of the Constitution and laws by the courts, particularly the Supreme Court, has sometimes expanded presidential powers. For example, the Supreme Court's ruling in United States v. Nixon (1974) limited executive privilege but also affirmed the president's authority to withhold information under certain circumstances. Overall, the expansion of presidential powers can be seen as a response to the challenges and demands of modern governance, but it has also raised concerns about the balance of power between the executive, legislative, and judicial branches of government. 114. What are the major challenges that presidents’ face in governing? Answer: Presidents in the United States face several major challenges in governing, including: 1. Partisan Polarization: In recent years, political parties have become more ideologically polarized, making it difficult for presidents to build consensus and pass legislation. This can lead to gridlock and hinder the president's ability to enact their agenda. 2. Congressional Relations: Presidents must navigate the complex relationship with Congress, where the opposing party may control one or both chambers. This can hinder the president's legislative agenda and require skilled negotiation and compromise. 3. Public Opinion: Presidents must manage public perception of their administration, as public opinion can influence their ability to govern effectively and achieve policy goals. 4. Media Scrutiny: The 24-hour news cycle and social media have increased the scrutiny on presidents, making it challenging to control the narrative and respond to constant media pressure. 5. Bureaucratic Challenges: The federal bureaucracy is vast and complex, requiring presidents to effectively manage government agencies and personnel to implement their policies. 6. International Relations: Presidents face numerous challenges in foreign policy, including managing diplomatic relations, responding to global crises, and navigating international agreements and alliances. 7. Economic Challenges: Presidents must address economic issues such as job creation, economic growth, and managing the federal budget, all of which can be complex and contentious. 8. Crisis Management: Presidents must be prepared to respond to unexpected crises, such as natural disasters, terrorist attacks, or public health emergencies, which can require quick and decisive action. 9. Legal and Ethical Considerations: Presidents must navigate a complex legal and ethical landscape, ensuring that their actions comply with the law and ethical standards, which can be challenging given the scope of presidential power. 10. Legacy and Historical Perception: Presidents often consider their legacy and how history will judge their presidency, which can influence their decision-making and approach to governance. Overall, the presidency presents numerous challenges that require strong leadership, effective communication, and strategic decision-making to navigate successfully. 115. Contrast the stewardship approach with the constructionist approach as they relate to the president. Answer: The stewardship approach and the constructionist approach are two contrasting views of presidential power and the interpretation of the Constitution: 1. Stewardship Approach: • View of Presidential Power: The stewardship approach advocates for a broad interpretation of presidential powers, arguing that the president should take whatever actions are necessary to protect and promote the public interest, even if those actions are not explicitly granted by the Constitution. • Presidential Authority: Proponents of the stewardship approach believe that the president has inherent powers that are not explicitly outlined in the Constitution but are necessary for effective governance. They argue that the president can take action in areas such as national security and foreign affairs without explicit congressional authorization. • Example: President Theodore Roosevelt is often associated with the stewardship approach, as he believed that the president should use their powers aggressively to address social and economic problems, even if it meant expanding the traditional boundaries of presidential authority. 2. Constructionist Approach: • View of Presidential Power: The constructionist approach advocates for a strict interpretation of presidential powers, arguing that the president should only exercise powers explicitly granted by the Constitution or authorized by Congress. This approach emphasizes the separation of powers and checks and balances. • Presidential Authority: Proponents of the constructionist approach believe that the president's powers are limited to those explicitly outlined in the Constitution and that any expansion of presidential authority should be approved by Congress. • Example: President William Howard Taft is often associated with the constructionist approach, as he believed that the president should not exceed the powers granted by the Constitution and should defer to Congress on most matters. In summary, the stewardship approach advocates for a broad interpretation of presidential powers, emphasizing the president's ability to take action in the public interest, while the constructionist approach advocates for a strict interpretation of presidential powers, emphasizing adherence to the Constitution and congressional authority. 116. How do the roles and responsibilities of the presidency create the paradoxes of the presidency, and how do these paradoxes make it difficult for any president to succeed? Answer: The roles and responsibilities of the presidency in the United States create several paradoxes that make it difficult for any president to succeed: 1. Symbol of Unity vs. Partisan Leader: The president is expected to be a symbol of national unity, representing the entire country, while also serving as the leader of their political party. Balancing these roles can be challenging, especially in a politically polarized environment. 2. Powerful Leader vs. Limited Authority: The president is often seen as a powerful leader with significant influence, but their authority is also limited by the Constitution, Congress, and the judiciary. This paradox can create frustration when presidents are unable to achieve their policy goals due to institutional constraints. 3. National Security vs. Civil Liberties: Presidents are tasked with protecting national security, but this can sometimes conflict with civil liberties and individual rights. Finding the right balance between security and freedom is a constant challenge for presidents. 4. Change Agent vs. Status Quo: Presidents are often elected on platforms of change, but the political system and institutional inertia can make it difficult to implement significant reforms. This paradox can lead to frustration for presidents and their supporters. 5. Global Leader vs. Domestic Priorities: The president is expected to be a global leader, representing the United States on the world stage, while also addressing domestic priorities. Balancing international and domestic concerns can be challenging, especially when crises arise. 6. High Expectations vs. Limited Time: Presidents often face high expectations from the public and their supporters, but they have limited time to achieve their policy goals. This can create pressure to act quickly, which may not always lead to the best outcomes. These paradoxes highlight the complex nature of the presidency and the challenges that presidents face in navigating competing priorities and expectations. Success for any president requires skillful leadership, effective communication, and the ability to navigate the complexities of the political system. 117. Discuss presidential war powers. Answer: Presidential war powers in the United States are a complex and often contentious issue. The Constitution grants Congress the power to declare war, but it also designates the president as the commander-in-chief of the military. This has led to debates over the extent of the president's authority to initiate military actions without congressional approval. 1. War Powers Resolution: Passed in 1973, the War Powers Resolution was intended to limit the president's ability to commit U.S. forces to armed conflict without congressional approval. It requires the president to notify Congress within 48 hours of committing armed forces to military action and prohibits armed forces from remaining in a conflict for more than 60 days without congressional authorization. 2. Executive Orders and Military Actions: Presidents have often used executive orders and other means to authorize military actions without congressional approval. This has been controversial, as critics argue that it circumvents the constitutional requirement for congressional declaration of war. 3. Legal Justifications: Presidents have cited various legal justifications for military actions without congressional approval, including the president's role as commander-in-chief and the need to respond to imminent threats to national security. These justifications have been subject to debate and interpretation. 4. Congressional Authorization: While the Constitution grants Congress the power to declare war, Congress has often authorized the use of military force through legislation, such as the Authorization for Use of Military Force (AUMF). These authorizations have been used to justify military actions in various conflicts, including the wars in Iraq and Afghanistan. 5. Judicial Review: The courts have played a role in interpreting the president's war powers. In cases such as Youngstown Sheet & Tube Co. v. Sawyer (1952) and Hamdan v. Rumsfeld (2006), the Supreme Court has ruled on the extent of presidential authority in military matters. Overall, presidential war powers are a complex and evolving aspect of American governance. While the president has significant authority as commander-in-chief, the Constitution also provides checks and balances to ensure that the use of military force is consistent with the will of the people as expressed through their elected representatives in Congress. 118. How did the framer’s guard against the tendency of anti-democratic tendencies of a single executive? Answer: The framers of the United States Constitution were deeply concerned about the potential for a single executive to become too powerful and to exhibit anti-democratic tendencies. To guard against this, they implemented several mechanisms: 1. Separation of Powers: The framers divided the government into three branches—executive, legislative, and judicial—with each branch having distinct powers and responsibilities. This separation of powers was intended to prevent any one branch from becoming too powerful. 2. Checks and Balances: The Constitution includes a system of checks and balances, where each branch of government has the ability to limit the powers of the other branches. For example, the president can veto legislation passed by Congress, but Congress can override the veto with a two-thirds majority vote. 3. Limited Presidential Powers: The framers intentionally limited the powers of the president to prevent abuse. For example, while the president is the commander-in-chief of the military, Congress has the power to declare war. Additionally, the president's authority to appoint officials and make treaties is subject to Senate approval. 4. Term Limits: Unlike many monarchies of the time, the president of the United States is limited to serving two four-year terms. This was intended to prevent the accumulation of too much power in the hands of a single individual over an extended period. 5. Impeachment: The Constitution provides for the impeachment and removal of the president for "high crimes and misdemeanors." This serves as a check on presidential power, as it allows Congress to hold the president accountable for misconduct. 6. Federalism: The division of powers between the federal government and the states serves as another check on the power of the president. State governments have their own powers and responsibilities, which can limit the impact of federal executive actions. 7. Bill of Rights: The inclusion of a Bill of Rights in the Constitution, which guarantees certain individual liberties and limits the government's ability to infringe upon them, helps to protect against potential abuses of power by the executive branch. These mechanisms, along with the principles of democracy and rule of law, were intended to guard against the anti-democratic tendencies of a single executive and ensure that the presidency would operate within the bounds of the Constitution and the will of the people. 119. Discuss the seven key principles the framer’s based the presidency on in order to create a power independent of the Congress. Answer: The framers of the United States Constitution based the presidency on seven key principles to create a power independent of Congress: 1. Separation of Powers: The framers believed in dividing the government into three branches—executive, legislative, and judicial—to prevent the concentration of power in any one branch. This separation of powers ensured that the president would have independent authority separate from Congress. 2. Checks and Balances: The Constitution includes a system of checks and balances, where each branch of government has the ability to limit the powers of the other branches. For example, while the president can veto legislation passed by Congress, Congress can override the veto with a two-thirds majority vote. 3. Limited Government: The framers believed in limiting the power of the federal government to protect individual liberties. They specifically enumerated the powers of the president in the Constitution to prevent the executive branch from becoming too powerful. 4. Popular Sovereignty: The framers believed that government should derive its authority from the consent of the governed. The president is elected by the people, which gives them a mandate to govern independently of Congress. 5. Federalism: The division of powers between the federal government and the states serves as another check on the power of Congress. State governments have their own powers and responsibilities, which can limit the impact of federal legislative actions. 6. Independent Executive: The framers designed the presidency to be an independent executive, with powers and responsibilities separate from Congress. This independence allows the president to act decisively in times of crisis and to provide leadership on important national issues. 7. Term Limits: The framers limited the president to serving two four-year terms to prevent the accumulation of too much power in the hands of a single individual over an extended period. This ensures that the presidency remains accountable to the people. These principles were intended to create a presidency that is strong and independent, capable of leading the nation while also being accountable to the people and constrained by the Constitution. 120. Discuss how President George W. Bush used signing statements to challenge compliance with the Patriot Act. Answer: President George W. Bush used signing statements to challenge compliance with the Patriot Act by asserting his interpretation of the law's provisions. Signing statements are written comments issued by the president at the time of signing legislation into law. While they do not carry the weight of law, they can be used to clarify the president's understanding of the law or to express reservations about its constitutionality. In the case of the Patriot Act, President Bush used signing statements to assert his belief that certain provisions of the law could be interpreted in a manner that would allow for expanded executive authority in areas such as surveillance and detention of suspected terrorists. By doing so, he signaled his administration's intention to implement these provisions in a way that some critics argued went beyond the original intent of Congress. This use of signing statements was controversial, as it raised concerns about the separation of powers and the proper role of the executive branch in interpreting and enforcing laws passed by Congress. Critics argued that President Bush was effectively circumventing the legislative process and asserting unchecked authority, while supporters argued that he was simply exercising his constitutional authority to interpret the law as he saw fit. Overall, President Bush's use of signing statements in relation to the Patriot Act reflected broader debates about the balance of power between the branches of government and the scope of executive authority in matters of national security. Test Bank for Approaching Democracy Larry A Berman, Bruce Allen Murphy 9780205903825
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