Slides

1. POL 309
Spring 2019

8.  No original limit on re-election
 TwoTerm Limit (10Years) – 22nd Amendment
 Impeachment Process
 What is role of House?
 What is role of Senate?

12.  General Powers
 Foreign Policy Powers
 Congressional Relations
 Judicial Relations

13.  Formal Power: Constitutionally-Given
 Informal Power : “Power to Persuade”
 Unilateral Power: POTUS acts alone

14. AaronWildavsky

22.  YES, in favor of NewYork
 Majority Opinion: John Paul Stevens
 POTUS responsibilities relate to legislative process
 Veto does NOT equal cancellation authority
 Framers’ Intent
 POTUS could create different law
 Importance of Constitution Amendment

28.  YES, the Act was unconstitutional
 Violation of Tenure of Office Act

29.  Majority Opinion: Chief JusticeWilliamTaft
 Power to remove vested in President
 Could not “faithfully execute” powers of office
 Dissent: James McReynolds
 Quotes from Constitutional Convention
 No language granting POTUS this power

31. HOOVERAND ROOSEVELT WILLIAM HUMPHREY

33.  Difference between executive officers and
quasi-legislative officers
Executive = Serve as pleasure of POTUS
Legislative = Removal through Congress

41.  NO (8-0), Favor of U.S.
 Could Court even hear
this case?
 Confidentiality does
NOT mean immunity
 Nixon did not assert
national security

44.  Paula Jones, AR State
Employee, sues Bill Clinton
for sexual advances
 Clinton denies allegations
 Wants to delay trial until after
presidency

46.  Majority Opinion: John Paul Stevens
 NO; 9-0, in favor of Jones
 Immunity as Protection for official duties
 Precedent: U.S. v. Nixon
 Courts determine legality of presidential actions

51.  YES (6-3); in favor of United States
 Majority Opinion: Hugo Black
 Removal from people to prevent espionage
 Power to protect when foreign powers threaten us
 Dissents: Frank Murphy; Robert Jackson
 Exclusion of Japanese similar to Racism
 “Immediate, Imminent, and Impending’ danger
 German/Italian Ancestry vs. Japanese

55.  NO; Favor of Youngstown Sheet and Tube
 Majority Opinion: Hugo Black
 Power to issue order must stem from Act of
Congress or Constitution
 Dissent: FredVinson (Reed and Minton)
 Truman was using “Take Care” clause

57.  Ties to Bin Laden
 Captured during U.S.
invasion in Fall 2001
 Arrested on conspiracy
and terrorism charges
 Bush Administration
arranged for trial by
military commission
Salim Ahmed Hamdan