19.2 - Formal Sources of Presidential Power

Question 1

What is domestic policy?

Answer 1

Issues and policies that concern affairs within the borders of a nation, such as healthcare, immigration and education.

Question 2

What is foreign policy?

Answer 2

Issues and policies that concern how one country deals with another such as:
* Treaties
* Agreements
* Diplomacy
* Military Action

Question 3

What options does the President have when he receives a bill?

Answer 3

• Sign the bill
• Veto the bill
• Take no action

Question 4

What tends to happen when a President signs a bill?

And why?

Answer 4

A large public ceremony is held with media present.

There is relatively little that passes Congress, so it gives the President the chance to show off his achievements to the public.

Question 5

What did Bush do when he signed NCLB?

Answer 5

He signed it surrounded by members of Congress and members of the American public whom it would help.

Question 6

What did Obama do when he signed ACA?

Answer 6

He signed it surrounded by members of Congress and members of the American public whom it would help.

Question 7

What did Trump do when he signed his Tax Cuts and Jobs Act 2017?

Answer 7

He was mostly alone in the Oval Office, partly due to the rushed nature of the ceremony.

Question 8

What happens when a President initiates a veto?

Answer 8

The bill is returned to Congress and must get a veto override to overturn the veto.

Given a supermajority is required, this is almost impossible.

Question 9

Why must a President be wary of using the veto?

Answer 9

It is an incredibly blunt political tool.

The President is still reliant upon Congress to pass his legislative agenda, but if Congress is constantly undermined by the President, they may not want to pass his laws.
Alongside this, if Congress is able to overturn his veto, it makes the President look extremely weak.

Question 10

How many vetoes did Pres. Bush have overturned?

Answer 10

4 of 12 (33.3%)

Question 11

How many vetoes did Pres. Obama have overturned?

Answer 11

1 of 12 (8.33%)

Question 12

How can a President veto a bill?

Answer 12

They can either completely veto it, or they can simply threaten the veto.

In some cases, the threat of a veto is enough to stop Congress passing the legislation. (Obama threatened to veto the Keystone XL pipeline and subsequently had to veto it)
(Trump threatened to veto a $1.3 trillion spending bill on Twitter, but signed the bill mere hours after his initial threat. This will undermine any threats he makes in future)

Question 13

What is a pocket veto?

Answer 13

A president has 10 days to decide what to do with a bill. After 10 days, the bill automatically passes.

If there are less than 10 days until a Congressional recess / election, the bill will die. Essentially, the bill is vetoed without being vetoed.

Question 14

Why may a President take no action on a bill?

Answer 14

He may try and pocket veto it.

He may also not agree with the bill, but fears an override in Congress making him look weak. He will let it sit for 10 days, allowing it to pass without his approval. (Obama Iran Sanctions Act 1996 Renewal, as it looked inconsistent with his Iran nuclear deal from a year prior.)

Question 15

What is the State of the Union?

Answer 15

The annual address delivered by the President in Congress outlining his legislative agenda for the upcoming year.

Question 16

What does Congress do with the State of the Union address?

Answer 16

They can choose to either pass, amend or reject the suggestions and requests from the State of the Union address.

Clinton asking for:
* Healthcare Reform (1994) - Failed to pass Congress
* Assault Weapons Ban (1995) - Success - 10 year ban ending in 2004
* Balanced Budget (1996) - Failed - US gov. debt continues to grow

Question 17

What are the key appointments that a President can make?

Answer 17

Cabinet appointments
Supreme Court nominations

Question 18

Who was a notable cabinet nominee who was rejected by Congress?

Answer 18

Bill Clinton nominating John Tower to defense secretary who was rejected by the Senate after allegations of alcoholism and womanising.

Question 19

Who is a notable Supreme Court nominiation who was rejected by Congress?

Answer 19

Ronald Reagan nominating Robert Bork who was rejected based on his perceived willingness to roll back the civil rights rulings of Warner and Burger courts.

Question 20

Why is the formation of a cabinet an implied power for the President?

Answer 20

According to the Constitution, the President must ‘require the opinion, in writing, of the principal Officer in each of the executive departments’.

From this, it is assumed that a President can form a cabinet.

Question 21

Who must the Cabinet contain?

Answer 21

The 15 heads of the executive departments.

If the President wishes to add any others to his cabinet, he can do that also.

Question 22

What is a recess appointment?

Answer 22

Temporary appointments of the President made without Senate approval when it is in recess.

Question 23

Why are recess appointments used by a President?

Answer 23

The President can make temporary appointments to vacancies which usually require Senate approval. He will often use these powers to appoint those which he knows the Senate will not approve of.

Question 24

How are the powers of recess appointments weakened?

Answer 24

The recess appointments expire at the end of the next session of the Senate.

Question 25

What is an executive order?

Answer 25

A directive issued to the federal bureaucracy regarding how the President would like a piece of legislation or policy to be interpreted and enforced.

Question 26

How can the President enact their executive powers?

Answer 26

• Executive orders
• Executive memoranda
• Presidential proclamations
• Signing statements

Question 27

Why are the powers of executive orders quite slim?

Answer 27

They can be easily overturned by a new law, new President or Supreme Court ruling.

Question 28

Which President signed the most executive orders in his first 100 days since WW2?

Answer 28

Trump.

Question 29

Explain the differences between Executive Orders and Executive Memoranda?

Answer 29

They are very similar.

The only difference is that executive memoranda do not have a formal process for how an executive memorandum is issued by a President.

Question 30

What do Presidential Proclamations do?

Answer 30

They used to bear historical significance (Abraham Lincoln freeing slaves or George Bush declaring a ‘national emergency by reason of certain terrorist attacks’) but now they tend to be for ceremonial reasons.

Question 31

What is a signing statement mean?

Answer 31

A statement issued by the President regarding a bill he has just signed in to law.

Question 32

What does a signing statement do?

Answer 32

Tends to point out the positive or negative aspects of a bill, or may even allow the President to challenge aspects of a bill on Constitutional grounds.

Question 33

What is a pardon?

Answer 33

The power of a president to forgive a person of a federal crime, erasing it from their criminal record.

Question 34

What is a commutation?

Answer 34

The ability of a President to reduce the sentence issued for a crime.

Question 35

What is an example of a President using their powers of commutation?

Answer 35

Obama issuing 330 commutations to those on drug offences on his last day in office.

Question 35

Why may the President convene a special session of Congress?

Answer 35

As the Senate has powers to confirm cabinet nominees or treaties, the President may need to call the Senate back to approve these.

Question 36

What is the most famous usage of a special session of Congress?

Answer 36

President Roosevelt convening a sessino in 1939 regarding US neutrality in WW2.

Question 37

What does the Constitution establish in reference to the power of President as head of the army?

Answer 37

Establishes that the President is Commander-in-chief, but little more. It is unclear as to the extent of these powers, but only that Congress can declare war.

Question 38

Why has the War Powers Act 1973 been mostly ignored?

Answer 38

Most Presidents feel it is unconstitutional and their unwillingness to adhere to it has not been challenged.

Question 39

How are treaties supposed to be decided according to the Constitution?

Answer 39

The President as diplomat-in-chief negotiates deals with foreign nations, and the Senate must approve treaties with a 2/3 majority.

Question 40

How can Presidents find their way around the Consitution regarding treaties?

Answer 40

Executive agreements are very similar to treaties, although they do not require Senate approval.

Question 41

Give an example of Presidents finding their way around Constitution process for treaties.

Answer 41

Obama brokering the Iran Nuclear Deal and the Paris Climate Change Agreement via executive agreements.

Question 42

How are the powers of Executive Agreements slightly weakened?

Answer 42

They do still require Congressional approval before they are fully enforceable.

Alongside this, the House’s power of the purse can control presidential action as well.

Question 43

Why is the power of receiving ambassadors more powerful than it initially seems?

Answer 43

By receiving ambassadors, or not, the President can use this power to recognise nations and decide with whom the USA is prepared to work.

Obama recognising Sudan in 2011, George Bush recognising Kosovo in 2008.
Not recognising Vietnam until 1995.

Question 44

How has the power to receive ambassadors caused international difficulties?

Answer 44

Obama meeting with the Dalai Lama four times.

The Dalai Lama is an exile of Tibet and campaigns for Tibetan independence, causing considerable anger from the Chinese government.

Question 45

How does the President use his powers as head of state?

Answer 45

• Power of the pardon
• Reception of ambassadors
• Attend world summits (G7, G20 etc.)
• Broker treaties
• Ceremonial duties (pardoning of the turkey etc.)

Question 46

How does the President use his powers as head of government?

Answer 46

• Heads up the exec. branch
• Responsible for the organisation of EXOP
• Presides over cabinet
• Exec. actions
• Sign / veto legislation.

Question 47

What powers of the President overlap between head of government and head of state?

Answer 47

• Commander in chief
• Recognising countries
• State of the Union address
• Making treaties

Question 48

How does being commander in chief demonstrate an overlap between head of government and head of state?

Answer 48

The President can involve the USA in foreign military action but also has a domestic role to use troops to respond to natural disasters and crises.

Question 49

How does recognising countries demonstrate an overlap between head of government and head of state?

Answer 49

Receiving ambassadors is more in keeping with the global role of the President. However, by recognising the countries with which the USA will trade with, it effectively decides who the USA will trade with and have an affect on the US domestic economy.

Question 50

How does the State of the Union address demonstrate an overlap between head of government and head of state?

Answer 50

The President is afforded the opportunity to shape domestic policy. In other countries, this tends to be a more ceremonial role.

Question 51

How does making treaties demonstrate an overlap between head of government and head of state?

Answer 51

The President acts as a US representative to the world, but the treaties often have a direct impact on the US economy.