🦢constitutional law i review

key term - Article II

Definition

Article II of the U.S. Constitution establishes the executive branch of the federal government, outlining the powers, responsibilities, and limitations of the President. This article is crucial for understanding the authority of the President in executing laws, conducting foreign affairs, and serving as Commander-in-Chief of the armed forces, as well as other aspects like executive orders and privileges.

5 Must Know Facts For Your Next Test

  1. Article II establishes that the executive power is vested in the President, who serves a four-year term and can be re-elected for one additional term.
  2. The article details the process of presidential elections, including the Electoral College system, which officially elects the President and Vice President.
  3. Article II also includes provisions for presidential appointments, requiring Senate confirmation for certain key positions such as Cabinet members and federal judges.
  4. The article discusses impeachment procedures, allowing Congress to remove a President from office for 'high Crimes and Misdemeanors.'
  5. In Article II, the President is given authority over foreign affairs, which includes negotiating treaties with other nations, subject to Senate approval.

Review Questions

  • How does Article II shape the balance of power between the executive branch and Congress?
    • Article II defines the scope of executive power held by the President while also incorporating checks from Congress. The President can issue executive orders and make appointments but must work with Congress to pass legislation and confirm appointments. This creates a system where both branches can influence governance, ensuring neither becomes too powerful.
  • In what ways do executive orders illustrate the powers granted under Article II?
    • Executive orders serve as a practical application of powers outlined in Article II. They allow the President to direct federal agencies in their implementation of laws without needing Congressional approval. This illustrates how Article II provides flexibility for the executive branch to respond quickly to emerging issues while also raising questions about limits on this authority when used extensively.
  • Evaluate how Article II has been interpreted in recent history regarding executive privilege and immunity during presidential scandals.
    • The interpretation of Article II has evolved, especially concerning executive privilege and immunity in high-profile cases like Watergate and impeachment inquiries. Courts have grappled with balancing presidential confidentiality against accountability, impacting how future Presidents might exercise these privileges. This ongoing debate highlights Article II's implications for executive power in contemporary governance.