Podcast
Questions and Answers
What is a core power and responsibility of the president as listed in the Constitution?
What is a core power and responsibility of the president as listed in the Constitution?
What was the compromise proposed at the Constitutional Convention regarding the election of the president?
What was the compromise proposed at the Constitutional Convention regarding the election of the president?
Who argued for a single president with energy and responsibility at the Constitutional Convention?
Who argued for a single president with energy and responsibility at the Constitutional Convention?
What is the length of the president's term as agreed upon at the Constitutional Convention?
What is the length of the president's term as agreed upon at the Constitutional Convention?
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What are executive orders issued by the president?
What are executive orders issued by the president?
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Which president had a different vision of the presidency from Theodore Roosevelt and Woodrow Wilson?
Which president had a different vision of the presidency from Theodore Roosevelt and Woodrow Wilson?
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What event led to a dramatic split between Taft and Roosevelt during the 1912 election?
What event led to a dramatic split between Taft and Roosevelt during the 1912 election?
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In 'Youngstown v. Sawyer', the Supreme Court ruled that the Constitution grants the power to make laws to which branch of the government?
In 'Youngstown v. Sawyer', the Supreme Court ruled that the Constitution grants the power to make laws to which branch of the government?
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According to Justice Robert H. Jackson's opinion, when is the president's authority at its lowest ebb?
According to Justice Robert H. Jackson's opinion, when is the president's authority at its lowest ebb?
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What is one criticism mentioned in the text regarding executive orders?
What is one criticism mentioned in the text regarding executive orders?
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Study Notes
- The presidency is the most powerful elected office, but the Constitution grants fewer specific powers to the president in Article II than to Congress in Article I.
- The Constitution sets out details for electing a president and removing one from office, and lists some core powers and responsibilities, including being Commander in Chief of the Army and Navy, appointing judges and officials, making treaties, granting reprieves and pardons, and taking care that laws are faithfully executed.
- At the Constitutional Convention, there were debates on the logistics of structuring the presidency, how to elect the president, the length of the president's term, granting the president a role in the legislative process, and how to remove a president from office.
- James Wilson argued for a single president with energy and responsibility, leading to the choice of a single president over fears of monarchy.
- James Wilson proposed popular election by the people, but the compromise was the Electoral College.
- The delegates agreed on a four-year term with the president eligible for re-election, but debated on granting the president a role in the legislative process and how to remove a president from office.
- Executive orders are written directives of the president telling someone in the executive branch what to do.
- The number of executive orders has risen dramatically over time, spiking during the Progressive Era due to a changed conception of the presidency from a chief magistrate to a steward of the public welfare.
- Theodore Roosevelt and Woodrow Wilson had different visions of the presidency, with Roosevelt seeing the president as a steward of the people and Wilson criticizing the separation of powers and insisting on a large, energetic federal government overseen by a president directly responsive to the people.- Taft's presidency contrasts with Roosevelt's and Wilson's view of the role of the president in government.
- Taft believes the president's authority comes from the Constitution, while Roosevelt and Wilson believe it comes directly from the people.
- Taft's stance on the role of the president leads to a dramatic split with Roosevelt during the 1912 election.
- Taft becomes Chief Justice of the United States and publishes reflections on the Constitution.
- During the election of 1912, the people disagree with Taft's view, leading to Wilson's election as president.
- The Supreme Court case "Youngstown v. Sawyer" (also known as the "steel seizure case") tests the president's power to seize private property for the sake of national security.
- Harry S. Truman, the president during the case, invokes his power as Commander-in-Chief to seize the Steel mills without congressional approval.
- The Supreme Court rules against Truman, stating that the Constitution grants Congress, not the president, the power to make laws.
- Truman is surprised by the court's ruling but later forgives the justices.
- Justice Robert H. Jackson's concurring opinion in the case outlines three categories for analyzing presidential power.
- When the president acts with congressional approval, his authority is at its maximum.
- When the president acts in the face of congressional disapproval, his authority is at its lowest ebb.
- When the president acts in a zone of twilight, where congressional approval or disapproval is uncertain, the Supreme Court must balance the competing considerations.
- Disputes about the constitutionality of executive orders remain controversial today.
- Critics argue that presidents are using executive orders to circumvent Congress and achieve their goals by executive fiat.
- The Supreme Court decides these cases using the framework established in Youngstown v. Sawyer.
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Description
Test your knowledge on the United States presidency and the powers granted to the president in the Constitution, including debates at the Constitutional Convention, the role of the president in the legislative process, and the controversy surrounding executive orders. Explore key historical events and Supreme Court cases that have shaped the understanding of presidential powers.
