The+Presidency

//Clinton v. New York City//

__**YOU HAD BETTER KNOW THIS DEALS WITH A LINE-ITEM VETO!!! ARE ANY POLITICIANS ALLOWED TO USE THIS TODAY?**__

Question: Did the President's ability to selectively cancel portions of a bill, under the Line Veto Act, violate the Presentment Clause of Article I? Background: New York challenged Clinton because he vetoed parts of the Balanced Budget Act of 1997 that would recoup the city's losses from Medicaid. A second challenge occured when Clinton vetoed part of the Tax Payer's Relief Act of 1997 that would benefit the Snake River farmer's cooperative. Conclusion: The Supreme Court ruled yes. In a 6-to-3 decision the Court first established that both the City of New York, and its affiliates, and the farmers' cooperative suffered sufficiently immediate and concrete injuries to sustain their standing to challenge the President's actions. The Court then explained that under the Presentment Clause, legislation that passes both Houses of Congress must either be entirely approved (i.e. signed) or rejected (i.e. vetoed) by the President. The Court held that by canceling only selected portions of the bills at issue, under authority granted him by the Act, the President in effect "amended" the laws before him. Such discretion, the Court concluded, violated the "finely wrought" legislative procedures of Article I as envisioned by the Framers. ( The Oyez Project, Clinton v. City of New York, 524 U.S. 417 (1998), available at:  (last visited Friday, January 11, 2008).)

//United States v. Nixon// **__KNOW THIS CASE FOR SURE!__** Is the President's right to safeguard certain information, using his "executive privilege" confidentiality power, entirely immune from judicial review? Nixon claimed that he was immune from the subpoena of tapes of audio recordings of conversations in the Oval Office because of his Executive Privilege. These tapes were requested as part of the investigation of the Watergate Scandal. The Supreme Court ruled that neither separation of powers or the need for high-level confidentiality give absolute presidential privilege.

__**POWERS OF THE PRESIDENT FOR SURE!**__ __**ROLE OF THE CABINET IN ADVISING THE PRESIDENT HOW DOES THE PRESIDENT CHOOSE A RUNNING MATE?**__ __**REMOVAL OF THE PRESIDENT FROM OFFICE PRESIDENTIAL VETO POWER**__ Presidents vs. Prime Ministers Presidents are often outsiders (of D.C.) Presidents choose cabinet members from outside Congress Presidents have no guaranteed majority in the legislature Divided government- one party controls the White House and another party controls Congress Unified government- the same party controls the White House and both houses of Congress Gridlock- the inability of the government to act because rival parties control different parts of the government Concerns of the Founders Once elected, the president would arrange to stay in office for a long time 22nd Amendment (1951)- Two-term presidency Electoral College- the people chosen to cast each state's votes in a presidential election. One electoral vote for each senator and representative. //Powers of the President Alone// Commander in Chief Commission officers of the armed forces Grant reprieves and pardons for federal offenses (except impeachment) Convene Congress in special sessions Receive ambassadors Take care that laws be faithfully executed Wield the "executive power" Appoint officials to lesser offices //Powers of the President Shared W/ Senate// Make treaties Appoint ambassadors, judges, and high officials //Powers of the President Shared W/ Congress as a Whole// Approve legislation Principle agencies in the Executive Office Office of Management and Budget (most important) Director of National Intelligence Council of Economic Advisers Office of Personnel Management Office of the U.S. Trade Representative Cabinet- heads of the 15 executive branch departments of the federal government Power to Persuade 3 Audiences: politicians in D.C. party activists and officeholders outside Washington the public bully pulpit- the president's use of his prestige and visibility to guide or enthuse the American public Veto veto message, pocket veto, line-item veto Executive Privilege __United States v. Nixon__ -no absolute Presidential privilege of immunity from judicial process under all circumstances Impoundment of Funds refusal to spend money appropriated by Congress Budget Reform Act of 1974- requires President to spend all appropriated funds unless he first tells Congress what funds he doesn't want to spend Presidential Transition Order of Succession: Vice President, Speaker, Senate president, 15 cabinet officers beginning with secretary of state
 * __IMPORTANCE OF EXECUTIVE ORDERS__**