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PSC 2302 Midterm: Test 2 notes

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Political Science
PSC 2302
Andi Ramon

538 in electoral college 270, simple majority in electoral college. Only congress can declare war Treaties president gets advice and consent from senate. President makes treaties. Congress is house+senate votes from senate to pass a treaty Executive agreements > treaties Since executive agreements dont need senate removal Pres CAN remove person from purely political position. Meyers v. US Meyers v. United States (1926): judgement ruled that the 1876 Supreme Court provision requiring Senate approval to remove executive officials was unconstitutional. Pres gained power Spoils system people worried that it would lead to reintroduction of the spoils system President can be limited in power removal if the position is not purely political Humphreys Executor v. United States (1935) Quasilegislative Meyers strictly political position, while Humphreys not strictly political U.S. v. Curtisswright Export Corp (1936) Gave more power to pres Sole organ when it comes to external affairs As a nation, we are in charge of our own external sovereignty. Pres will do what is necessary to protect that sovereignty. Yongstown Sheet Tube v. Sawyer Three levels of presidential power: When the president makes a decision based on Congress, his authority is at a maximum; it is all he possess in his own right and includes all that congress can delegate If congress has not acted, and the president is just using his own independent power, then there is a zone of twilight where the president may or may not act If the president is told not to act and they do it anyways, his power is at its lowest ebb and the congress may have to step in. US v. Nixon Question involving criminal action. Court has the right to hear the case. Concern about valid evidence. Judicial evidence is vested in the supreme court.
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