The presidency: powers, roles and limits

Grade 12 Social Studies Worksheet

Circle the best answer.

1. Read this first

   Use this

   Cards A to F on who decides on the use of force (the excerpts are exact; card E is in our words from Congressional Research Service reports; card F is made up). Card A, "The Constitution (1787)". Who made it: the Constitutional Convention. When: September 17, 1787. For whom: the states and the people. Why: to divide the powers over war and lawmaking. Excerpt 1 (Article I, Section 8): "The Congress shall have Power … To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;" Excerpt 2 (Article I, Section 8): "To make Rules for the Government and Regulation of the land and naval Forces;" Excerpt 3 (Article II, Section 2): "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;" Excerpt 4 (Article I, Section 7): "Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill." Card B, "The Federalist, Nos. 69 and 74". Who made it: Alexander Hamilton, writing as Publius. When: March 1788. For whom: New York voters deciding on ratification. Why: to explain the new presidency. Excerpt 1 (No. 69): "In this respect his authority would be nominally the same with that of the king of Great Britain, but in substance much inferior to it. It would amount to nothing more than the supreme command and direction of the military and naval forces, as first General and admiral of the Confederacy; while that of the British king extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all which, by the Constitution under consideration, would appertain to the legislature." Excerpt 2 (No. 74): "The direction of war implies the direction of the common strength; and the power of directing and employing the common strength, forms a usual and essential part in the definition of the executive authority." Card C, "The War Powers Resolution (1973)". Who made it: Congress, passing it over President Nixon's veto on November 7, 1973 (House 284 to 135, Senate 75 to 18). For whom: the President and Congress. Why: to set limits on force used without a declaration of war. Excerpt 1 (Section 4(a)): "In the absence of a declaration of war, in any case in which United States Armed Forces are introduced-- (1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances; … the president shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing" Excerpt 2 (Section 5(b)): "Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces." Excerpt 3 (Section 5(c)): "Notwithstanding subsection (b), at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution." Card D, "INS v. Chadha (1983)". Who made it: Chief Justice Warren Burger, for a Supreme Court that voted 7 to 2; Justice Byron White dissented. When: June 23, 1983. For whom: the parties, Congress, the President and other courts. Why: to decide whether one house of Congress could cancel an executive decision by resolution alone. Summary in our words, not a quotation: the Court held the one-house veto invalid because it was lawmaking that did not follow Article I, Section 7: both houses and presentment to the President. Excerpt 1 (Burger): "With all the obvious flaws of delay, untidiness, and potential for abuse, we have not yet found a better way to preserve freedom than by making the exercise of power subject to the carefully crafted restraints spelled out in the Constitution." Excerpt 2 (White, dissenting): "The key provision of the War Powers Resolution, 50 U.S.C. § 1544(c), authorizes the termination by concurrent resolution of the use of armed forces in hostilities." Card E, "Declared wars and uses of force". Who made it: Congressional Research Service, report R42738 (updated June 7, 2023). Excerpt 1: "Eleven times in its history, the United States has formally declared war against foreign nations. These 11 U.S. war declarations encompassed five separate wars:" Excerpt 2: "This report lists hundreds of instances in which the United States has used its Armed Forces abroad in situations of military conflict or potential conflict or for other than normal peacetime purposes." Excerpt 3: "The instances differ greatly in number of forces, purpose, extent of hostilities, and legal authorization." Card F, "Three made-up uses of force". Who made it: written for this sheet. Summary in our words, not a quotation: Case 1: On March 1 a President sends 3,000 troops across a border to fight for a port. The President files the report on March 20. Congress passes no resolution. Case 2: A President orders an air strike on a country's missile sites. It lasts one night, and no other force is used. Case 3: Both houses pass a concurrent resolution directing the President to bring home troops that are fighting abroad with no declaration or authorization. The President says the resolution is not a law and leaves the troops there.

2. 1.

   Case 2 on card F is a one-night air strike with no vote. Kira compares the two excerpts on card B. Which reading of Hamilton is strongest?

   • No. 74 allows the strike: if directing a war is executive power, then deciding to begin even a limited one must be executive power too
   • Hamilton gives the executive the direction of war and the legislature its declaring; a one-night strike is not clearly either
   • No. 69 bars the strike: it gives the legislature the decision to use force, so a President needs a vote first
   • Both excerpts are Hamilton's arguments for ratification, so they carry no weight in judging a President's strike
3. 2.

   In Case 1 on card F, Congress passes nothing. Luz applies Section 5(b) on card C. Which statement fits the Resolution's words best?

   • The deadline is May 19, since the 60 days start on March 20, the day the President actually filed the report
   • There is no deadline yet, since Section 5(b) needs a vote of Congress on the deployment before it begins
   • The President must end the use of force by May 2, 60 days after the March 3 date when the report was due
   • The deadline is June 1, since the 30-day extension is added automatically to any deployment that runs long
4. 3.

   Noah writes one claim for a report on war powers, using card E. Which claim does the card support best?

   • Congress has declared war 11 times, so it has started wars more often than Presidents have
   • Congress declared war in five wars, from the War of 1812 through the Second World War
   • Most of the hundreds of listed uses of force abroad came without a declaration, since only five wars were declared
   • Presidents began most of those hundreds of uses of force abroad without any approval from Congress, since few were declared

5. Use this

   Cards A to E on the veto (the excerpts are exact; card C is copied from the Senate's table; card E is made up). Card A, "The Constitution (1787)". Who made it: the Constitutional Convention. When: September 17, 1787. For whom: the states and the people. Why: to set how a bill becomes a law. Excerpt (Article I, Section 7): "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law." Later in the same section: "If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law." Card B, "The Federalist, No. 73". Who made it: Alexander Hamilton, writing as Publius. When: March 21, 1788. For whom: New York voters deciding on ratification. Why: to defend the President's veto. Excerpt: "The primary inducement to conferring the power in question upon the Executive is, to enable him to defend himself; the secondary one is to increase the chances in favor of the community against the passing of bad laws, through haste, inadvertence, or design." Card C, "Bills vetoed, selected Presidents". Who made it: the Secretary of the Senate's office, "Vetoes, 1789 to Present" (senate.gov). Note: the table counts bills vetoed, not bills a President threatened to veto. Columns are the President (years), regular vetoes, pocket vetoes, total vetoes and vetoes overridden. Franklin D. Roosevelt (1933-1945): 372, 263, 635, 9. Dwight D. Eisenhower (1953-1961): 73, 108, 181, 2. Gerald R. Ford (1974-1977): 48, 18, 66, 12. Ronald Reagan (1981-1989): 39, 39, 78, 9. George W. Bush (2001-2009): 12, 0, 12, 4. Barack Obama (2009-2017): 12, 0, 12, 1. Card D, "Clinton v. City of New York (1998)". Who made it: Justice John Paul Stevens, for a Supreme Court that voted 6 to 3. When: June 25, 1998. For whom: the parties, Congress, the President and other courts. Why: to decide whether the Line Item Veto Act, which let the President cancel single items in a signed bill, was valid. Summary in our words, not a quotation: before the ruling the President had canceled at least 82 items under the Act. Excerpt: "If there is to be a new procedure in which the President will play a different role in determining the final text of what may 'become a law,' such change must come not by legislation but through the amendment procedures set forth in Article V of the Constitution." Card E, "Three made-up bills". Who made it: written for this sheet. Summary in our words, not a quotation: Bill H: the House passes it 281 to 154 and the Senate 71 to 29, with every member voting. The President vetoes it. Bill L: a made-up budget law with 40 spending items, signed by the President. A made-up Act says the President may cancel any item within five days of signing. The President cancels three items and leaves the rest. Bill J: it reaches the President on December 18. Congress ends its session on December 23. The President does not sign or return it.

6. 4.

   Bill H on card E passed the House 281 to 154 and the Senate 71 to 29, with every member voting. Pia applies card A to the veto. Who holds the leverage?

   • The President: a vetoed bill is finished, and Congress cannot make Bill H a law without a signature
   • Congress: a majority in each house passed Bill H, and an override needs that same majority again
   • Congress: 71 senators is more than two thirds of the Senate, so the Senate alone can override the veto and make Bill H a law
   • The President: the Senate clears 67, but the House is 9 short of 290, so the veto holds unless 9 members switch
7. 5.

   Ren writes one claim from card C about how often Congress overrides vetoes. Which claim does the table support best?

   • Counting regular vetoes only, Congress overrode about 1 in 4 of Ford's and Reagan's but about 1 in 40 of Roosevelt's
   • Presidents have won vetoes more reliably over time, since overrides per veto fell steadily from Ford through Bush to Obama
   • Ford had the weakest presidency on the table, since 12 of his vetoes were overridden in his short term
   • Eisenhower's vetoes mostly failed, since Congress overrode only 2 of his 181 and rejected the rest
8. 6.

   Bill L on card E is a signed budget law whose items the President cancels under a made-up Act. Tala compares cards A and D. Which reasoning is strongest?

   • The cancellations are valid: with at least 82 items canceled, the practice has become part of Article I
   • The cancellations are invalid: card A has the President sign or return a whole bill, and a new role needs an amendment
   • The cancellations are valid: a President who may reject a whole bill by veto may take the lesser step of rejecting part of it
   • The cancellations are valid: both houses passed the Act, so Congress may give the President that new role
9. 7.

   Bill J on card E reaches the President December 18, and Congress ends its session December 23. Zee applies card A. Who gains leverage from the timing?

   • The President: by doing nothing, the President ends Bill J, and Congress then has no returned bill to override
   • Congress: it can return after the break and override the President's silence by two thirds of each house
   • No one: the ten-day rule binds the President alone, and an adjournment does not change a bill's fate
   • Congress: after ten days the bill becomes a law whatever the President does, so the timing helps Congress

10. Use this

    Cards A to F on pardons and on the President's term and fitness to serve (the excerpts are exact; card F is made up). Card A, "The Constitution (1787)". Who made it: the Constitutional Convention. When: September 17, 1787. For whom: the states and the people. Why: to set the President's powers and the limits of impeachment. Excerpt 1 (Article II, Section 2): "…and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." Excerpt 2 (Article I, Section 3): "Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law." Card B, "Ex parte Garland (1867)". Who made it: Justice Stephen Field, for the Supreme Court. When: 1867. For whom: the parties, Congress and other courts. Why: to decide whether Congress could stop a pardoned lawyer from practicing in federal court. Excerpt 1: "The power thus conferred is unlimited, with the exception stated. It extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment." Excerpt 2: "This power of the President is not subject to legislative control." Card C, "The Federalist, No. 74". Who made it: Alexander Hamilton, writing as Publius. When: March 1788. For whom: New York voters deciding on ratification. Why: to defend the pardon power. Excerpt 1: "Humanity and good policy conspire to dictate, that the benign prerogative of pardoning should be as little as possible fettered or embarrassed." Excerpt 2: "The reflection that the fate of a fellow-creature depended on his sole fiat, would naturally inspire scrupulousness and caution," Card D, "The Twenty-second Amendment (1951)". Who made it: Congress proposed it March 21, 1947; the states ratified it February 27, 1951. For whom: future Presidents and voters. Why: to limit how long one person can be President. Section 1: "No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term." Card E, "The Twenty-fifth Amendment (1967)". Who made it: Congress proposed it in 1965; the states ratified it in 1967. For whom: the President, the Vice President and Congress. Why: to set what happens when a President cannot serve. Section 4: "Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office." Card F, "Four made-up cases". Who made it: written for this sheet. Summary in our words, not a quotation: Case 1: The Senate convicts an official on impeachment and removes the official. Separately, a federal court convicts the same person of taking bribes. The President pardons the bribery conviction. Case 2: A President pardons an aide for any federal crime the aide may have committed in office. No charge has been filed. Case 3: The Vice President and a majority of the Cabinet declare the President unable to serve. The President objects, they repeat the declaration within four days, and Congress votes within twenty-one days with every member voting. The House votes 270 to 165 and the Senate 61 to 39 that the President is unable. The House has 435 members and the Senate 100. Case 4: Two Vice Presidents take over after a death. Dana takes over with exactly two years left in the predecessor's term and serves them. Eli takes over with two years and one day left and serves them.

11. 8.

    Case 1 on card F: an official removed by impeachment is later convicted of bribery in federal court. Ari applies cards A and B to a pardon. Which reasoning is strongest?

    • The pardon also reverses the removal, since Garland says the power reaches any offence known to the law and Congress cannot limit it
    • The pardon fails: Article II excepts "Cases of Impeachment", and this official was impeached and removed by the Senate
    • The pardon fails: Congress may limit pardons, and its impeachment judgment already limited this official's case
    • The pardon stands: Article I keeps the criminal case separate, and Garland finds the power unlimited but for the exception
12. 9.

    In Case 3 on card F, Congress votes on the President's ability to serve. Esme applies card E. Who holds the powers after the vote?

    • The President resumes because the Senate fell short; the House's 270 would have been enough alone
    • The Vice President continues: the Cabinet's declaration stands unless Congress votes against it by two thirds
    • The President resumes: two thirds is 290 of the House and 67 of the Senate, and neither vote reaches it
    • The Vice President continues: a majority of both houses and of the Cabinet backs the declaration
13. 10.

    Case 4 on card F: Dana takes over with exactly two years left in a term, Eli with two years and a day. Jun applies card D. Who may serve longer?

    • Eli: serving more of the predecessor's term earns more time, so Eli may be elected twice and Dana once
    • Dana: exactly two years is not "more than two years", so Dana may be elected twice and Eli only once more
    • Both equally: the rule counts only terms won at an election, so years served as a successor never count
    • Neither: both served out a predecessor's term, so each may be elected only once more