Constitutional Law Chapter 12

Questions and Answers

Describe the constitutional process of impeachment.

The Constitution prescribes impeachment as a political equivalent of an indictment, allowing the House to impeach the president for 'Treason, Bribery, or other high Crimes and Misdemeanors.' The House requires a simple majority vote, and if impeached, the president is tried by the Senate, presided over by the chief justice. A two-thirds Senate vote is needed for conviction and removal.

Outline the procedures established in the Twenty-fifth Amendment regarding presidential succession and disability.

The Twenty-fifth Amendment allows the vice president to act as president if the president is disabled or declares so. It also defines the succession order: vice president, Speaker of the House, president pro tempore of the Senate, followed by cabinet in chronological order of department establishment.

Trace the evolution of the presidency.

Presidential power has expanded beyond the Constitution's original vision, influenced by America’s global prominence and technological advances. Presidents have actively shaped the role by increasing responsibilities and political resources.

Identify the major offices that serve as key aides and advisors to the president.

Key aides include the Vice President, Cabinet members (14 secretaries and the attorney general), the Executive Office of the President, and members of the White House Office like the chief of staff. The First Lady also plays an important advisory role. Signup and view all the answers

Explain how the American system of separation of powers functions as one of shared powers.

Presidents share executive, legislative, and judicial powers with other government branches, creating a system of checks and balances. Signup and view all the answers

What methods may presidents use to improve their chances of obtaining party support in Congress?

Presidents may increase party membership in the legislature and use presidential coattails, where voters support congressional candidates from the president's party. Signup and view all the answers

Summarize the constitutional powers allocated to the president in national security.

The president is the commander in chief of the armed forces, can make treaties with Senate agreement, nominate ambassadors with Senate approval, and receive ambassadors of other nations. Signup and view all the answers

Study Notes

Impeachment Process

Impeachment acts as a political indictment; a formal accusation rather than conviction.
The House of Representatives can impeach the president for "Treason, Bribery, or other high Crimes and Misdemeanors" with a simple majority.
Post-impeachment, the Senate holds a trial presided over by the Chief Justice for presidential trials.
A two-thirds Senate vote is required for conviction and removal.

Twenty-Fifth Amendment

Addresses presidential disability by allowing the vice president to act if the president is deemed disabled by the vice president and cabinet or if the president self-declares.
Outlines the procedure for a recuperated president to reclaim their position.
Specifies succession order following the president and vice president, including the Speaker of the House, president pro tempore of the Senate, and cabinet members in chronological order of department establishment.

Evolution of the Presidency

Presidential power now extends beyond constitutional limits, shaped by multiple influences.
The role evolved alongside America's global prominence and technological advancements.
Presidents have proactively expanded their roles and responsibilities, altering the political landscape.

Key Presidential Aides and Advisors

The Vice President's role varies based on the president's delegation.
The Cabinet consists of 14 secretaries and the Attorney General, with occasional additional designated officials.
The Executive Office includes prominent policy-making bodies like the National Security Council and the Office of Management and Budget.
The White House Office houses essential aides like the chief of staff and press secretary.
First Ladies have become influential advisors in policy-making.

Shared Powers in Separation of Powers

Presidents have limited unilateral power and share executive, legislative, and judicial authority with other government branches.
The system operates under checks and balances, ensuring no single branch dominates.

Presidential Party Support in Congress

To gain congressional support, presidents often aim to increase party representation in the legislature.
"Presidential coattails" phenomenon displays voters favoring congressional candidates of the president's party as a show of support.

Constitutional Powers in National Security

Serves as Commander in Chief of the armed forces.
Holds the authority to make treaties, requiring a two-thirds Senate agreement.
Nominates ambassadors, needing majority Senate approval.
Receives foreign ambassadors, granting diplomatic recognition to governments.

Description

This study guide focuses on the constitutional process of impeachment. It examines the mechanisms in place for impeaching a president and the challenges involved in removing a sitting leader from office. Understand the significance of these political processes within the framework of U.S. law.