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Questions for Review and Answers

1. List the sources of presidential power.

The Constitution, Congress, and the nature of the presidency itself.

2. What presidential powers are enumerated in the Constitution?

Article II Section 2: Commander in chief, power to grant pardons, to make treaties, and appoint various federal officers
Article I Section 7: Right to veto legislation Inherent Powers: Foreign matters

3. Compare and contrast express presidential powers and inherent presidential powers.
Express presidential powers are enumerated in the Constitution and relate to domestic as well as foreign matters. Inherent powers stem from the presidential office itself and, according to the Supreme Court, are generally limited to foreign matters.

4. What powers does the president have as commander in chief?

According to the Supreme Court, as commander in chief the president could

• use military force to defend the country against foreign attack.

• order a blockade of ports without a congressional declaration of war.

• issue executive orders during World War II regarding relocation of persons of Japanese ancestry.
• order military trials for enemy saboteurs arrested on U.S. soil.

5. List the main features of the War Powers Act. NOTE: The War Powers Act is shown as the War Powers Resolution in the text, although it is listed in Chapter Objectives as Act.
• Legislation passed in 1973

• The power of the president as commander in chief to use military force can only be used if (a) Congress has declared war, (b) there is specific statutory authorization, or (c) a national emergency is created by an attack on the United States, its territories, possessions, or armed forces.
• If possible, the president should consult with Congress prior to using military action.
• If there is no prior consultation, the president must report to Congress within forty-eight hours of using force and make periodic reports thereafter.
• Use of force is limited to sixty days unless certain conditions exist.

• Congress has the power to order the removal of armed forces from hostile situations.

6. What is the Suspension Clause?

It is in Article I, §9 of the Constitution, and it allows the president to suspend the writ of habeas corpus only in the case of “rebellion or invasion” and when required for public safety.

7. Discuss the power of the president to order military trials for unlawful enemy combatants.
The president has the power to protect the national security of the country, so the president can order military trials for enemy saboteurs apprehended on U.S. soil during war.

8. What is the difference between a treaty and an executive agreement?

A treaty requires Senate approval; an executive agreement does not. Executive agreement is an agreement with the head of another nation.

9. Describe how a presidential appointment works, and explain the relevance of the term inferior officer.
The president nominates a candidate whom the Senate must approve; if a person is an inferior officer, he or she can be appointed by someone other than the president, such as a court.

10. What does the power to pardon allow the president to do?

The president can pardon federal crimes. He can also commute a sentence or grant amnesty.

11. How does the impeachment process work?

The House of Representatives accuses or impeaches. Then a trial on the accusation takes place in the Senate with the chief justice presiding. Conviction requires a two- thirds vote.