Deck 5: The Presidency

Question 1

In what case did Justice Jackson (dissenting) outline the three-part model of presidential power that continues to be referred to today?

A) United States v. Nixon
B) Youngstown Sheet and Tube Co. v. Sawyer
C) Goldwater v. Carter
D) Smith v. Ford

Answer 1

Youngstown Sheet and Tube Co. v. Sawyer

Question 2

The War Powers Resolution is possibly unconstitutional because:

A) it is a legislative veto.
B) it encroaches upon executive authority.
C) it was not properly enacted.
D) both A and B are correct.

Answer 2

both A and B are correct.

Question 3

Which of the following best describes the relationship between the federal government and state militias?

A) The militias are independent state entities over which the federal government has no authority.
B) The militias are federal entities over which the federal government has complete authority.
C) The militias are state entities over which the federal government has limited authority.
D) All of the above.

Answer 3

The militias are state entities over which the federal government has limited authority.

Question 4

Presidential communications are:

A) absolutely privileged from compelled disclosure.
B) presumptively privileged from compelled disclosure.
C) not privileged from compelled disclosure whatsoever.
D) all of the above.

Question 5

A President is:

A) absolutely immune from suit for executive functions.
B) presumptively immune from suit for executive functions.
C) not immune from suit whatsoever.
D) all of the above.

Question 6

Executive Impoundment refers to:

A) an executive branch official's seizure of personal property.
B) an executive branch official's refusal to spend appropriated money.
C) an executive branch official's refusal to obey a President's directive.
D) all of the above.

Question 7

Which of the following is not a role the President plays in lawmaking?

A) Submission of bills
B) Vetoing bills
C) Interfacing with members of Congress
D) All of the above

Question 8

Which decision largely decided the presidential election of 2000?

A) Clinton v. Jones
B) Gore v. Cheney
C) Bush v. Gore
D) Clinton v. Bush

Question 9

Executive orders are published in:

A) Federal Register.
B) Book of Executive Orders.
C) U.S. Code.
D) Executive Order Registry.

Question 10

The Supreme Court rejected an attempt by President Truman to seize steel mills during a labor dispute in what case?

A) Truman v. Capote
B) AFL-CIO v. Truman
C) Youngstown Sheet & Tube Co. v. Sawyer
D) UAW v. Truman

Question 11

What term is used to refer to a president's refusal to expend congressionally appropriated funds?

A) impoundment
B) refusal
C) financial hijacking
D) fiscal restraint

Question 12

An act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted is called:

A) commutation.
B) acquittal.
C) summary judgment.
D) pardon.

Question 13

What case allowed President Roosevelt to intern Japanese Americans during World War II?

A) Korematsu v. United States
B) Hamdi v. Rumsfeld
C) Rasul v. Bush
D) Boumediene v. Bush

Question 14

What case did the Court the Court held that detainees at Guantanamo Bay, including enemy combatants, are entitled to habeas corpus?

A) Korematsu v. United States
B) Hamdi v. Rumsfeld
C) Rasul v. Bush
D) Boumediene v. Bush

Question 15

The case of Jones v. Clinton (1997) involved what issue?

A) Executive privilege
B) War making authority
C) pardon power
D) executive immunity

Question 16

What is the minimum age requirement to become President of the United States?

A) 25 years old
B) 30 years old
C) 35 years old
D) 40 years old

Question 17

How many votes are required to elect the president and vice president under the Electoral College?

A) 250
B) 270
C) 300
D) 539

Question 18

What is the theory that the Constitution vests all executive authority in the president of the United States?

A) unitary executive
B) plural executive
C) natural law theory
D) executive privilege

Question 19

What is an act of the government granting a pardon for a past crime?

A) commutation of sentence
B) pardon
C) reprieve
D) amnesty

Question 20

What is a partial pardon that reduces the punishment for a crime?

A) commutation of sentence
B) pardon
C) reprieve
D) amnesty

Question 21

What is an act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted?

A) commutation of sentence
B) pardon
C) reprieve
D) amnesty

Question 22

A person must be a natural born citizen to be President.

Question 23

Presidents are directly elected.

Question 24

A President may enact an executive order in any policy area where Congress has been delegated authority, but has chosen not to act.

Question 25

Congress may impose reasonable limitations upon the executive pardon power.

Question 26

The decision to negotiate with a foreign nation is vested solely in the President and is nonjusticiable.

Question 27

Because treaties are deemed "supreme law,"
they are equal to the Constitution in authority.

Question 28

An executory treaty is one that is enforceable immediately upon adoption.

Question 29

Most agreements with foreign nations are in the form of executive agreements, not treaties.

Question 30

The creation of independent administrative agencies is consistent with the theory of a unitary executive.

Question 31

The President of the United States may establish the procedures to be used to detain and try alleged terrorists.

Question 32

There is explicit language in the Constitution recognizing the power of the President to enter into executive agreements.

Question 33

The President enjoys a limited privilege against being compelled to disclose records and other materials created in the course of executive duties.

Question 34

In United States v. Nixon, 418 U.S. 904 (1974), the U.S. Supreme Court ruled that although a presidential privilege exists, and is presumed to exist if asserted, it may be overcome by a specific need for evidence in a criminal case.

Question 35

The U.S. Supreme Court case Bush v. Gore, 531 U.S. 98 (2000) that decided the outcome of the 2000 presidential election was a unanimous 9-0 decision.

Question 36

The Twenty-Second Amendment, ratified in 1951 following President Franklin D. Roosevelt's four-term presidency, imposed term limits for the President.

Question 37

The Presidential Eligibility Clause, Article II, Section 1, requires that a person be a natural-born ________, 35 years of age, and at least 14 years a resident of the United States to become President.

Question 38

Article II, Section 1, provides for one president and one vice-president, each to serve ________ years.

Question 39

The president has a direct influence on congressional lawmaking through the ________ power under Article I, Section 7, clause 2, that requires all bills that have passed the House and Senate to be submitted to the president.

Question 40

The appointments clause in Article II, Section 2, clause 2 of the U.S. Constitution is clear that ambassadors, public ministers and consuls, and judges of the Supreme Court must be ________ by the president and confirmed by Senate.

Question 41

Impoundment refers to a president's refusal to expend congressionally appropriated ________.

Question 42

The president possesses the authority of ________ of sentence to lessen a sentence.

Question 43

Habeas ________ is Latin for "you have the body."

Question 44

Treaties are characterized as either ________ or self-executing.

Question 45

In United States v. Nixon, 418 U.S. 904 (1974), the U.S. Supreme Court ruled that although a presidential ________ exists, it may be overcome by a specific need for evidence in a criminal case.

Question 46

Generally, the president is absolutely immune from suit and liability for ________ acts.

Question 47

Match the term its description .

-executive agreement

A) a means for attacking the constitutionality of the statute under which, or the proceedings in which, the original conviction was obtained
B) the body empowered by the Constitution to elect the president and vice-president of the United States
C) an agency whose head may be terminated by the president only for good cause
D) a theory that the Constitution vests all executive authority in the president of the United States
E) the right of a governor under most state constitutions to veto individual appropriations in an appropriation act rather than being compelled either to veto the act as a whole or to sign it into law
F) an agreement with a foreign government, made by the president acting within his or her executive powers
G) a model of executive authority that divides executive powers between multiple executive officers who act independently of one another
H) an act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted
I) exists when civilian government has been replaced with military government
J)a president's refusal to expend congressionally appropriated funds
K)an agency whose head serves at the pleasure of the president

Question 48

Match the term its description .

-martial law

A) a means for attacking the constitutionality of the statute under which, or the proceedings in which, the original conviction was obtained
B) the body empowered by the Constitution to elect the president and vice-president of the United States
C) an agency whose head may be terminated by the president only for good cause
D) a theory that the Constitution vests all executive authority in the president of the United States
E) the right of a governor under most state constitutions to veto individual appropriations in an appropriation act rather than being compelled either to veto the act as a whole or to sign it into law
F) an agreement with a foreign government, made by the president acting within his or her executive powers
G) a model of executive authority that divides executive powers between multiple executive officers who act independently of one another
H) an act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted
I) exists when civilian government has been replaced with military government
J)a president's refusal to expend congressionally appropriated funds
K)an agency whose head serves at the pleasure of the president

Question 49

Match the term its description .

-pardon

A) a means for attacking the constitutionality of the statute under which, or the proceedings in which, the original conviction was obtained
B) the body empowered by the Constitution to elect the president and vice-president of the United States
C) an agency whose head may be terminated by the president only for good cause
D) a theory that the Constitution vests all executive authority in the president of the United States
E) the right of a governor under most state constitutions to veto individual appropriations in an appropriation act rather than being compelled either to veto the act as a whole or to sign it into law
F) an agreement with a foreign government, made by the president acting within his or her executive powers
G) a model of executive authority that divides executive powers between multiple executive officers who act independently of one another
H) an act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted
I) exists when civilian government has been replaced with military government
J)a president's refusal to expend congressionally appropriated funds
K)an agency whose head serves at the pleasure of the president

Question 50

Match the term its description .

-line item veto

A) a means for attacking the constitutionality of the statute under which, or the proceedings in which, the original conviction was obtained
B) the body empowered by the Constitution to elect the president and vice-president of the United States
C) an agency whose head may be terminated by the president only for good cause
D) a theory that the Constitution vests all executive authority in the president of the United States
E) the right of a governor under most state constitutions to veto individual appropriations in an appropriation act rather than being compelled either to veto the act as a whole or to sign it into law
F) an agreement with a foreign government, made by the president acting within his or her executive powers
G) a model of executive authority that divides executive powers between multiple executive officers who act independently of one another
H) an act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted
I) exists when civilian government has been replaced with military government
J)a president's refusal to expend congressionally appropriated funds
K)an agency whose head serves at the pleasure of the president

Question 51

Match the term its description .

-impoundment

A) a means for attacking the constitutionality of the statute under which, or the proceedings in which, the original conviction was obtained
B) the body empowered by the Constitution to elect the president and vice-president of the United States
C) an agency whose head may be terminated by the president only for good cause
D) a theory that the Constitution vests all executive authority in the president of the United States
E) the right of a governor under most state constitutions to veto individual appropriations in an appropriation act rather than being compelled either to veto the act as a whole or to sign it into law
F) an agreement with a foreign government, made by the president acting within his or her executive powers
G) a model of executive authority that divides executive powers between multiple executive officers who act independently of one another
H) an act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted
I) exists when civilian government has been replaced with military government
J)a president's refusal to expend congressionally appropriated funds
K)an agency whose head serves at the pleasure of the president

Question 52

Match the term its description .

-Electoral College

A) a means for attacking the constitutionality of the statute under which, or the proceedings in which, the original conviction was obtained
B) the body empowered by the Constitution to elect the president and vice-president of the United States
C) an agency whose head may be terminated by the president only for good cause
D) a theory that the Constitution vests all executive authority in the president of the United States
E) the right of a governor under most state constitutions to veto individual appropriations in an appropriation act rather than being compelled either to veto the act as a whole or to sign it into law
F) an agreement with a foreign government, made by the president acting within his or her executive powers
G) a model of executive authority that divides executive powers between multiple executive officers who act independently of one another
H) an act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted
I) exists when civilian government has been replaced with military government
J)a president's refusal to expend congressionally appropriated funds
K)an agency whose head serves at the pleasure of the president

Question 53

Match the term its description .

-executive agency

A) a means for attacking the constitutionality of the statute under which, or the proceedings in which, the original conviction was obtained
B) the body empowered by the Constitution to elect the president and vice-president of the United States
C) an agency whose head may be terminated by the president only for good cause
D) a theory that the Constitution vests all executive authority in the president of the United States
E) the right of a governor under most state constitutions to veto individual appropriations in an appropriation act rather than being compelled either to veto the act as a whole or to sign it into law
F) an agreement with a foreign government, made by the president acting within his or her executive powers
G) a model of executive authority that divides executive powers between multiple executive officers who act independently of one another
H) an act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted
I) exists when civilian government has been replaced with military government
J)a president's refusal to expend congressionally appropriated funds
K)an agency whose head serves at the pleasure of the president

Question 54

Match the term its description .

-independent agency

A) a means for attacking the constitutionality of the statute under which, or the proceedings in which, the original conviction was obtained
B) the body empowered by the Constitution to elect the president and vice-president of the United States
C) an agency whose head may be terminated by the president only for good cause
D) a theory that the Constitution vests all executive authority in the president of the United States
E) the right of a governor under most state constitutions to veto individual appropriations in an appropriation act rather than being compelled either to veto the act as a whole or to sign it into law
F) an agreement with a foreign government, made by the president acting within his or her executive powers
G) a model of executive authority that divides executive powers between multiple executive officers who act independently of one another
H) an act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted
I) exists when civilian government has been replaced with military government
J)a president's refusal to expend congressionally appropriated funds
K)an agency whose head serves at the pleasure of the president

Question 55

Match the term its description .

-plural executive

A) a means for attacking the constitutionality of the statute under which, or the proceedings in which, the original conviction was obtained
B) the body empowered by the Constitution to elect the president and vice-president of the United States
C) an agency whose head may be terminated by the president only for good cause
D) a theory that the Constitution vests all executive authority in the president of the United States
E) the right of a governor under most state constitutions to veto individual appropriations in an appropriation act rather than being compelled either to veto the act as a whole or to sign it into law
F) an agreement with a foreign government, made by the president acting within his or her executive powers
G) a model of executive authority that divides executive powers between multiple executive officers who act independently of one another
H) an act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted
I) exists when civilian government has been replaced with military government
J)a president's refusal to expend congressionally appropriated funds
K)an agency whose head serves at the pleasure of the president

Question 56

Match the term its description .

-writ of habeas corpus

A) a means for attacking the constitutionality of the statute under which, or the proceedings in which, the original conviction was obtained
B) the body empowered by the Constitution to elect the president and vice-president of the United States
C) an agency whose head may be terminated by the president only for good cause
D) a theory that the Constitution vests all executive authority in the president of the United States
E) the right of a governor under most state constitutions to veto individual appropriations in an appropriation act rather than being compelled either to veto the act as a whole or to sign it into law
F) an agreement with a foreign government, made by the president acting within his or her executive powers
G) a model of executive authority that divides executive powers between multiple executive officers who act independently of one another
H) an act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted
I) exists when civilian government has been replaced with military government
J)a president's refusal to expend congressionally appropriated funds
K)an agency whose head serves at the pleasure of the president

Question 57

Match the term its description .

-unitary executive

A) a means for attacking the constitutionality of the statute under which, or the proceedings in which, the original conviction was obtained
B) the body empowered by the Constitution to elect the president and vice-president of the United States
C) an agency whose head may be terminated by the president only for good cause
D) a theory that the Constitution vests all executive authority in the president of the United States
E) the right of a governor under most state constitutions to veto individual appropriations in an appropriation act rather than being compelled either to veto the act as a whole or to sign it into law
F) an agreement with a foreign government, made by the president acting within his or her executive powers
G) a model of executive authority that divides executive powers between multiple executive officers who act independently of one another
H) an act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted
I) exists when civilian government has been replaced with military government
J)a president's refusal to expend congressionally appropriated funds
K)an agency whose head serves at the pleasure of the president

Question 58

What are the qualifications under the U.S. Constitution to become President?

Question 59

What are the three different types of executive agreements?

Question 60

What did the U.S. Supreme Court decide in Jones v. Clinton, 520 U.S. 681 (1997)?

Question 61

Discuss whether you would support or oppose a constitutional amendment that would give the President of the United States the line item veto power. Explain your position.

Question 62

Discuss whether you would support a law in your state to reallocate your state's electoral votes to the presidential candidate who wins the majority of votes on a national scale rather than the candidate who wins the state. Explain your position.