a. Buckley v. Valeo (1976)
b. Morrison v. Olson (1988)
c. Myers v. United States (1926)
d. Humphrey’s Executor v. United States (1935)
nature of independent agencies requires that removal must be ________, whether
or not Congress has so stipulated.
a. for cause
b. without cause
c. both a and b
d. none of the above
b 39. The Supreme Court held in __________that the president is entitled to absolute
immunity against private civil suits, at least those stemming from the president’s
official actions during his time in the White House.
a. Kissinger v. Halperin (1981)
b. Nixon v. Fitzgerald (1982)
c. United States v. Nixon (1974)
d. Clinton v. Jones (1997)
from foreign nations, which provides the president the power to recognize the
legitimate governments of foreign nations.
a. Article II, Section 1
b. Article II, Section 2
c. Article II, Section 3
d. Article II, Section 4
Supreme Court decision Missouri v. Holland (1920) that would have nullified any
treaty provision conflicting with the Constitution.
a. Harry Reid
b. Barbara Boxer
c. John Bricker
d. Lamar Alexander
American hostages in early 1981 was _________ by the Supreme Court in Dames
& Moore v. Regan (1981).
a. upheld
b. struck down
c. denied certiorari
d. none of the above
authorized, but bound to resist force. He does not initiate the war, but is bound to
accept the challenge without waiting for any special legislative authority.”
a. United States v. Nixon (1974)
b. The Prize Cases (1863)
c. Youngstown Sheet & Tube Company v. Sawyer (1952)
d. none of the above
the constitutionality of the war and the concomitant use of presidential power, but
it declined to do so, viewing the issue as _____________.
a. moot
b. not ripe for review
c. a failure to exhaust remedies
d. a political question
The act was designed to limit the president’s unilateral power to send troops into
foreign combat.
a. International Emergency Economic Powers Act
b. Hostage Act
c. War Powers Resolution
d. none of the above
ESSAY QUESTIONS:
1. Political scientist Edward S. Corwin once observed that “the history of the presidency
has been a history of aggrandizement.” Explain and critique Corwin’s observation
from the standpoint of the allocation of constitutional powers.
2. Compare and contrast James Madison’s and Alexander Hamilton’s constitutional
theories of presidential power. Which theory has generally prevailed in the decisions
of the Supreme Court?
3. Explain and evaluate the reasoning of the Supreme Court in U.S. v. Curtiss-Wright.
4. What arguments can be made for and against the constitutionality of the War Powers
Resolution of 1973?
5. Analyze and evaluate the reasoning of the various opinions filed in the Supreme
Court’s decision in Hamdan v. Rumsfeld (2006).
6. Discuss the original purpose and functionality of the Electoral College. Compare the
original purpose of the Electoral College with today’s functionality. Be sure to
include in your answer the ongoing debate regarding whether the United States
should continue to employ such a mechanism for determining the outcome of a
presidential election.
7. Compare and contrast presidential power in the areas of domestic and foreign
relations policy.
HYPOTHETICAL PROBLEM (FOR CLASSROOM DISCUSSION OR ESSAY EXAMINATION):
The President’s National Security Advisor has convinced him that Islamic militants pose
a clear and present danger to the security of Ruritania, a central African country that has
been a staunch American ally in the ongoing war on terrorism. There have been repeated
bombings, kidnappings, assassinations and other acts of terrorism directed at the
government of Ruritania as well as that country’s military and police forces. A shadowy
group calling itself “Islamic Jihad for the Liberation of Sub–Saharan Africa” has taken
credit for these attacks. Their stated goal is to “replace the corrupt and decadent slaves of
the Great Satan with the rule of true Islam in Ruritania and throughout Sub-Saharan
Africa.” They have also demanded, as yet unsuccessfully, the release of 397 of their
comrades now being held in military confinement by the government of Ruritania.
A number of influential members of Congress in both parties have for some time
called on the Administration to sever ties with the government of Ruritania. Now that
American military advisors have been deployed there without notification or approval of
Congress, support is growing in both the House and Senate for measures to force removal
of the American military personnel from that country.
What legal options would Congress have, assuming a majority of members in
both houses wished to express their disapproval of the deployment and recall the military
personnel? What arguments, legal and political, could be made for and against each of
INTRODUCTION OF TOPIC IN LECTURE:
Introducing Students to the Powers of the Presidency:
Technology in the classroom has become an essential aspect of higher education, and is
useful in obtaining and maintaining student attentiveness as compared to the traditional
lecture format. A website that can be useful to an instructor in introducing students to the
powers of the president is the following:
QUESTIONS FOR WEBSITE:
1. Briefly discuss the president’s power to grant pardons. Are there any limits to such
power?
Sample Answer: Article II, Section 2, states that the president shall have the power
2. Compare and Contrast presidential immunity in the president’s official and private
conduct. Cite the appropriate Supreme Court decisions in this area of constitutional law.
Sample Answer: The Supreme Court has held that presidents enjoy nearly absolute
immunity against private civil suits involving claims stemming from official presidential
3. Scholars have written heavily on the “two presidencies.” One presidency concerned
with domestic affairs, which is highly limited by the Constitution, the Supreme Court and
Congress. The second presidency is concerned with foreign affairs and international
relations. Discuss the president’s power in the second presidency.
Sample Answer: One presidency, concerned with domestic affairs, is severely
limited by the Constitution, the Supreme Court, and Congress. The other presidency, that
involving foreign affairs and international relations, is less susceptible to constitutional
and political constraints. Although the thesis may have been overstated, the basic point is
valid. Throughout American history, Congress, the courts, and the American public have
been highly deferential to the president in the conduct of foreign policy. A serious
reading of the Constitution indicates to some commentators that the Framers intended for
4. The Ultimate constitutional sanction against the abuse of presidential power is
impeachment and removal of office. Discuss the constitutional provisions and issues in
this area of constitutional law.
5. Briefly discuss the president’s veto power.
