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Since 1789, the Constitution has granted the President the authority

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Since 1789, the Constitution has granted the President the authority  [#permalink]

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New post 11 Sep 2018, 06:49
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Since 1789, the Constitution has granted the President the authority to veto legislation passed by Congress. The threat of a veto in many cases precipitates compromise on the content of a bill that would be otherwise mired in debate before it reached the President. The "regular" veto is a qualified negative veto, which necessitates a two-thirds vote by Congress to be overridden. The "pocket" veto, on the other hand, is exercised when a bill sits on the President‘s desk without being signed before Congress has adjourned (and is therefore unable to override the veto). Opponents of the pocket veto allege that its absolute nature grants the President excessive power. They liken it to a prerogative of the English Kings that the Framers vehemently despised. The argument also embraces a vast body of commentary on the "Imperial Presidency," that is, the growing accumulation of power in the executive relative to the legislative branch.
These arguments, in claiming an imbalance of federal powers, misrepresent the pocket veto. Unlike the royal prerogative, the pocket veto is exercised by a democratically-elected leader pursuant to a clearly defined constitutional procedure in which presentation of a bill by Congress may be arranged so as to thwart the possible execution of the pocket veto. Moreover, an absolute veto forecloses further action on a proposal whereas Congress may overcome a pocket veto by instituting a reintroduction and passage of the rejected bill in a subsequent term.
The "Imperial Presidency" developed from the encroachment of executive action into areas where it has been assumed that the legislative branch retains supremacy. The legislative process, however, clearly orders shared responsibility between the President and Congress. One should not mistake Presidential powers granted to block legislation for those that would, in effect, supplant congressional authorization. The latter threatens to override the constitutional system of checks and balances; the former situation, typified by the pocket veto, is a part of that system of checks and balances.
The arguments raised in Kennedy and Barnes implicitly claim that a regular veto would be overridden, or not exercised at all. Consequently, the pocket veto grants the President a special political tool against "popular will" as exercised by Congress. Herein lies the fundamental disagreement over the pocket veto. Opponents press for the President to defer to a seemingly inevitable congressional victory while proponents of this second type of veto stand behind its historical use by the President to stall or delay legislation he thinks unwise. If circumspection and deliberation are the more valued aspects of the law-making process, even the most blatantly political use of the pocket veto passes muster. Historical practice favours the President‘s role as an interloper.

1. As used in line 42, the word "interloper" most nearly means:
A. one who unjustly assumes power through the use of force.
B. one who acts as a liaison between different parties.
C. one who prevents certain actions from occurring.
D. one who thinks carefully before acting.
E. one who lopes intermittently

2. The author refers to Kennedy and Barnes in the passage in order to:

A. prove that Congress opposes the pocket veto as a limit to its legislative power.

B. suggest that the validity of the pocket veto has been a matter of judicial concern.

C. show how the pocket veto‘s weaknesses override its strengths.

D. praise how the pocket veto can delay the legislative process.

E. criticise the pocket veto

3. The author suggests that opponents of the pocket veto would most likely agree that:

A. the President should not be allowed to exercise legislative authority.

B. use of the pocket veto unfairly removes power from the legislative branch.

C. Congress should have the right to override the pocket veto.

D. the absolute veto should be reinstated by Congress.

E. pocket veto is unconstitutional in character


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Since 1789, the Constitution has granted the President the authority  [#permalink]

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New post 11 Sep 2018, 09:49
Could someone please explain why answer to question 1 is D?

I marked B, but now I'm realizing that option B is a more of a common-sense type answer, and hence is a trap.
But I'm not able to pin-point why D is the right choice.
Got the other 2 questions right. It was a very good passage.

Thanks! :-)
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Re: Since 1789, the Constitution has granted the President the authority  [#permalink]

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New post 16 Sep 2018, 23:11
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Sreyoshi007 wrote:
Could someone please explain why answer to question 1 is D?

I marked B, but now I'm realizing that option B is a more of a common-sense type answer, and hence is a trap.
But I'm not able to pin-point why D is the right choice.
Got the other 2 questions right. It was a very good passage.

Thanks! :-)

Opponents press for the President to defer to a seemingly inevitable congressional victory while proponents of this second type of veto stand behind its historical use by the President to stall or delay legislation he thinks unwise.

Above lines says it all.Per above sentence, president thinks before acting on the veto.

Hit Kudos if above gives you the explanation.
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Re: Since 1789, the Constitution has granted the President the authority  [#permalink]

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New post 19 Sep 2018, 04:14
OEs..

1) Read the lines in context to get an idea of the author‘s opinion of the President‘s role as ―interloper.‖ The author says immediately above this comment that ―if circumspection and deliberation‖ are valued, the pocket veto is acceptable. Therefore, when the President exercises it, he‘s acting as an agent for thoughtfulness. (D) fits.

(A): Opposite. The author argues that the President is justified in use of the veto, and rather than seizing power, is preserving a system of checks and balances. (B): Out of Scope. The author doesn‘t suggest that the President is serving as a bridge between parties, only that he acts to preserve a system of checks and balances.

(C): Faulty Use of Detail. Though the President is preventing certain actions from occurring when he exercises the veto, the author is more concerned in this part of the passage with emphasizing the aspect of careful thought associated with it.

(D): The correct answer

(E): Incorrect. Takes the word too literally

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Re: Since 1789, the Constitution has granted the President the authority  [#permalink]

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New post 19 Sep 2018, 04:16
2) Go back to ¶4 to review the mention of Kennedy and Barnes. It‘s not necessary to completely understand what it is, only why it‘s used. Since these are court cases that seem to be dealing with the pocket veto, (B) seems to make sense: if there have been at least two court cases on the matter, then the judicial branch has clearly concerned itself with the matter.

(A): Out of Scope. Even if this is true, these two court cases wouldn‘t be mentioned in order to prove a point about Congress.

(B): The correct answer

(C): Opposite. The author is mentioning a flaw in this paragraph, but he‘s in favour of the pocket veto: he wouldn‘t believe that the weaknesses override the strengths.

(D): Distortion. Though the author agrees that the veto can delay legislation, he says that this is the only potential flaw of the veto, and so he wouldn‘t be inclined to praise this aspect in particular.

(E): Incorrect, as described above.

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Re: Since 1789, the Constitution has granted the President the authority  [#permalink]

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New post 19 Sep 2018, 04:16


3) What do opponents of the pocket veto argue? Go back to ¶1 to review if necessary. Those who oppose the pocket veto says that it gives the President too much power at the expense of Congress. (B) most closely fits this.

(A): Out of Scope. Neither the author nor opponents of the veto suggest that the President does exercise legislative authority, only that the veto serves as a check on this authority.

(B): The correct answer

(C): Distortion. While opponents of the veto think that it grants the President too much power, there‘s no evidence that their solution would be to allow an override of the pocket veto.

(D): Opposite. If opponents of the pocket veto dislike that type of veto, they‘d hate an absolute veto. The author says in ¶1 that opponents of the veto already describe it as absolute.

(E): Extreme and out of scope.

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Re: Since 1789, the Constitution has granted the President the authority &nbs [#permalink] 19 Sep 2018, 04:16
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