American Institutions III: The Presidency & the Constitution

Getting Started

Welcome to “American Institutions III: the Presidency and the Constitution”

Introducing the Course Scholars

Getting Started and Making the Most of This Course

Introduction

Introduction to The Presidency and the Constitution

The Enduring Debate

History and Constitutional Background

Constitutional Foundations of Executive Power

3 Topics

The Idea of the Presidency

The Institution of the Presidency

Theoretical Foundations of Executive Power and the American Experience

6 Topics

Lessons from Monarchies

The Articles of Confederation

Federalists v. Antifederalists

Energetic Executive

Executive Prerogative

The Presidency According to Article II

Selection of the President and Term Limits

Selection of the President

3 Topics

Selecting a President

The 22nd Amendment and Term Limits

Opposition and Support for the 22nd Amendment

Presidential Succession

Presidential Succession and Removal of a President

Commander-in-Chief

Commander-in-Chief

5 Topics

The 19th Century Early Practice and Understanding

Congressional v. Presidential Wars

War Powers Resolution (1973)

Curbing Civil Liberties

Head of State

8 Topics

Constitutional Design for Foreign Affairs

The Framers’ Aims and Concerns in Foreign Affairs

The ‘Sole Organ’ Doctrine

The Treaty Power

Treaty Termination

Executive Agreements

Reception of Ambassadors: The Recognition Power

Presidential Creation of Foreign Policy Doctrines

Presidential Appointments

Presidential Appointments

4 Topics

Requirement of Advice and Consent of the Senate

The Contentious Confirmation Process

Recess Appointments

Presidential Responsibilities

The State of the Union Address

Interaction with the Legislative Branch

Checks On and By Congress

5 Topics

Veto and Veto Override

Line-Item Vetoes

The President as Legislator

The Vice President as President of the Senate

Independence from Congress

3 Topics

Executive Orders

Executive Discretion and Signing Statements

Testimonial Privileges

Interaction with the Judicial Branch

Checks On and By the Courts

2 Topics

Executive Pardons

Nomination of Federal Judges

Independence from the Courts

2 Topics

Ability to Ignore Rulings: Andrew Jackson and Worcester v. Georgia

Duty to Interpret the Constitution: Lincoln’s First Inaugural Approach

History and Constitutional Background

History and Constitutional Background

Presidential Selection and Term Limits

Presidential Succession

Commander-in-Chief

Presidential Appointments

Interaction with the Legislative Branch

Interaction with the Judicial Branch

Interaction with the Legislative Branch

American Institutions III: The Presidency & the Constitution Interaction with the Legislative Branch

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Question 1 of 4
1. Question
What might explain why the first few presidents rarely exercised the veto power?
- They were afraid to exercise too much executive power since they were fresh from British monarchical rule.
- The veto power did not exist in the 1787 version of the Constitution.
- They enjoyed majorities in Congress and had influence over the making of legislation.
- They knew their veto would be overturned in Congress.
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Question 2 of 4
2. Question
What is a major argument made against a president impounding funds?
- The funds should go back to the taxpayers.
- It violates the separation of powers; Congress should get to decide budget and spending priorities.
- The funds had been used for a purpose other than was intended.
- The president is required to spend every dollar that is appropriated on the project to which the funds were assigned.
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Question 3 of 4
3. Question
What is the difference between an executive order and a presidential proclamation?
- An executive order governs the actions of government agencies; a proclamation is directed to people outside the government.
- An executive order is legally binding; a proclamation is not.
- A proclamation is legally binding; an executive order is not.
- Proclamations are exclusively used for hortatory purposes; executive orders are the president’s way of making laws.
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Question 4 of 4
4. Question
What does the increase in presidential signing statements represent?
- The increasing role of the president in the lawmaking process
- The increase in the amount of red tape that presidents have to go through when signing bills into law
- That presidents are being more careful about explaining why they sign certain bills into law
- That the media requires an explanation for why a president has signed a bill into law
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