VERIFIED SOLUTIONS FULL CONTENT
◉ executive memorandum
Answer: a frequently used executive instrument like an executive
order.
◉ National Security, Foreign Policy, and War (presidential powers)
Answer: · Presidents choose and promote (and dismiss) military
commanders; they also use their power as commander-in-chief to
aggressively deploy U.S. military force.
· negotiate executive agreements with foreign powers.
◉ Executive agreements
Answer: Formal international agreements entered into by the
president that do not require the advice and consent of the U.S.
Senate.
· some executive agreements do require some legislative approval,
such as those that commit the United States to make payments and
are thus restrained by the congressional power of the purse.
◉ Checks and balances used on Presidential powers:
,Answer: · legislative achievements tend to be of greater duration
because they are more difficult to overturn or replace, as the case of
healthcare reform under President Barack Obama
· A president's ability to nominate individuals for the Supreme
Court. Their appointments can influence a court to adopt a loose or
strict constructionist approach or to be judicially active or
restrained.
◉ Transition of the Presidency
Answer: · General Services Administration
· Presidential selection of the Cabinet
· Senate approves or rejects presidential appointments
· Decides how to deliver on campaign promises
· Deals with outgoing presidents budget proposal
Tries to be sensitive to present climate
◉ Recess appointment
Answer: The purpose of the provision was to give the president the
power to temporarily fill vacancies during times when the Senate
was not in session and could not act. Supreme Court had the final
say in a 2014 decision that declared unequivocally that "the Senate
is in session when it says it is. The Senate must be at recess.
◉ Federal Judiciary
,Answer: Article III, is the shortest and least detailed of the three
articles that created the three branches of government. The first
session of the first U.S. Congress laid the framework for today's
federal judicial system, established in the Judiciary Act of 1789. At
the lowest level are the district courts, where federal cases are tried,
witnesses testify, and evidence and arguments are presented. A
losing party who is unhappy with a district court decision may
appeal to the Circuit Courts, or U.S. Courts of Appeals, where the
decision of the lower court is reviewed. Still further, appeal to the
U.S. Supreme Court is possible, but of the thousands of petitions for
appeal, the Supreme Court will typically hear fewer than one
hundred a year.
· original jurisdiction
· appellate jurisdiction
· The Supreme Court is an appeals court, operating under appellate
jurisdiction and hearing appeals from the lower courts.
· Starting in New York in 1790 focused on establishing its rules and
procedures.
◉ original jurisdiction
Answer: case is heard for the first time. The Constitution also limits
the Supreme Court's original jurisdiction to those rare cases of
disputes between states, or between the United States and foreign
ambassadors or ministers
◉ appellate jurisdiction
, Answer: court hears a case on appeal from a lower court and may
change the lower court's decision.
◉ Marbury v. Madison
Answer: was the key case for the full development of judicial review
by the Supreme Court. Marbury sued to force Madison to give him
his appointment papers. The suit was filed in the Supreme Court
according to procedures set out in the Judiciary Act of 1789. John
Marbury to a position of justice of the peace in the District. Some of
the appointment papers had not yet been delivered when Thomas
Jefferson became president. Jefferson, felt that these last-minute
appointments by the man he had defeated for the presidency were
contrary to custom or practice. Therefore, he directed his Secretary
of State, James Madison, not to deliver the paperwork. The court
found Marbury was entitled to his appointment papers. However,
the Court could not order the appointment papers to be delivered
because, when Congress passed the Judiciary Act of 1789, it
provided cases in which the Supreme Court would have original
jurisdiction. Therefore, Congress had violated the Constitution, and
the Court declared that portion of the Judiciary Act of 1789 to be
unconstitutional.
◉ Stare Decisis
Answer: let the decision stand." When the courts use this term, the
judge or Justices are indicating that they are relying on established
principles and are often not willing to change them.