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USA Option: The Executive Branch

How amendments and the courts have shaped the presidency

  • 3 things to know
  • A2 Unit 1

Overview

The Twelfth, Twentieth, Twenty-Second and Twenty-Fifth Amendments; executive privilege before the courts; the legislative veto in 1983, Clinton v Jones, the line-item veto and the 2024 immunity ruling; and the long effect of Supreme Court appointments.

What you need to know

Answer each one before you reveal it.

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Key term

Overall, have constitutional change and judicial decisions enlarged or restrained the presidency?

Numbers

How did the Twelfth Amendment change presidential elections?

Numbers

How has the Twenty-Second Amendment altered the character of a second term?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    How did the Twelfth Amendment change presidential elections?

    Model answer

    The Twelfth Amendment of 1804 required electors to cast separate ballots for President and Vice President, which ended the situation in which the runner-up became Vice President and confirmed the two offices as a joint ticket.

  2. 2

    What did the Twentieth Amendment alter?

    Model answer

    The Twentieth Amendment of 1933 moved the start of a presidential term to 20 January, shortening the interval between the election and the transfer of power.

  3. 3

    How has the Twenty-Second Amendment altered the character of a second term?

    Model answer

    The Twenty-Second Amendment of 1951 means a re-elected President can never seek office again, which removes the electoral discipline of a further contest but also weakens their hold over members of Congress.

  4. 4

    What problem did the Twenty-Fifth Amendment solve?

    Model answer

    The Twenty-Fifth Amendment of 1967 removed the uncertainty about whether a Vice President became President or merely acted as one, and created procedures for a vice-presidential vacancy and for presidential incapacity.

  5. 5

    How has the courts' treatment of executive privilege limited the presidency?

    Model answer

    By holding in 1974 that executive privilege is real but qualified, and must yield to the demands of a criminal trial, the Supreme Court established that the President is not the final judge of what may be withheld.

  6. 6

    What did the Supreme Court decide about the legislative veto in 1983?

    Model answer

    In Immigration and Naturalization Service v Chadha in 1983 the Supreme Court struck down the legislative veto, holding that Congress cannot overturn an executive action except by passing legislation that is presented to the President.

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Assent was last in 1708.
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