3. US Presidency Flashcards

1
Q

Examples of recent presidents, their parties and dates they were in office?

A
  • Roosevelt - 1932 - 1945
  • Harry Truman - 1945 - 1952
  • Eisenhower - 1952 - 1960
  • John F Kennedy (Democrat) - 1960 - 1963
  • Lidon Johnson - 1963 - 1968
  • Richard Nixon - 1968 - 1974
  • Gerald Ford (Republican) - 1974 - 1976
  • Jimmy Carter (Democrat) - 1976 - 1980
  • Reagan (Republican) - 1980 - 1988
  • George H. W. Bush Sr - 1988 - 1992
  • Bill clinton 1992 - 2000
  • George W. Bush Jr - 2000 - 2008
  • Barack Obama (democrat) - (2008 - 2016)
  • Donald Trump - 2016 - 2020
    Biden - 2020 - Ongoing
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2
Q

Examples of recent vice presidents?

A
  • Joe Biden - Kamala harris
  • Donald Trump - Mike Pence
  • Barack Obama - Joe Biden
  • George W. Bush Jr. - Dick Cheney
  • Bill Clinton - Al Gore
  • George H. W. Bush Sr. - Dan Quayle
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3
Q

What are the qualifications to become President?

A
  • A natural-born US citizen
  • At least 35 years old
  • A US resident for at least 14 years
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4
Q

What are the powers of the president?

A
  • Prepares the federal government’s budget
  • Is commander in chief of the armed forces
  • Can pardon those guilty of crimes against the federal government
  • Conducts U.S. foreign relations, makes treaties, and receives foreign ambassadors
  • Appoints cabinet members, ambassadors, and federal judges
  • Keeps Congress informed about the state of the country and the economy
  • Proposes laws and programs to Congress
  • Approves or vetoes all bills passed by Congress
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5
Q

What is the role of the head of state?

A
  • Head of State (like the King in the UK)
  • Performs diplomatic and ceremonial duties, represents the nation
  • Opportunity to direct both national and international policy
  • Can use the national media to exert influence over both public opinion and Congress
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6
Q

What specific powers does the Constitution confer on the President?

A
  • Commander-in-chief of the armed services (but he cannot declare war)
  • Negotiates and signs treaties with other countries
  • In charge of diplomatic relations with other countries
  • Has the power to issue pardons to anyone convicted of a crime
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7
Q

What did prominent American scientist Richard Neustadt argue about presidency?

A
  • (specialises in the U.S. presidency and has been adviser to several presidents)
  • Argues that presidents are so constrained by the system of check and balances that they have only ‘the power to persuade’
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8
Q

What are the features of ‘Head of Government’?

A
  • Art II, S.1 of the constitution- ‘the executive power shall be vested in a President of the United States of America’
  • Ultimate decision maker in the executive branch and responsible for all department and agencies
  • 15 cabinet departments- NOT equal to the President, he makes the final decisions
  • Can use the Executive Office of the President (established in (1939)
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9
Q

What posts does the President make appointments to?

A
  • Cabinet and junior Cabinet posts
  • Ambassadors
  • Agency heads, including Environmental Protection Agency (EPA), Federal Emergency Management Agency (FEMA), Central Intelligence Agency (CIA), Federal Bureau of Investigation (FBI)
  • Members of regulatory commissions, for example, Federal Communications Commission (FCC), Federal Energy Regulatory Commission (FERC), Securities Exchange Commission (SEC)
  • All federal judges (supreme, federal district and circuit courts)
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10
Q

What was the difference between Trump and Obama when they were Head of the Executive branch?

A
  • Obama was more about trying to pacify minority groups. Whereas Trump was making changes for his own benefit.
  • Trump was not in control of the executive branch when he was in charge
  • Obama used his position to create new initiatives whereas Trump has used his position to tear down previous initiatives (executive orders) created by Obama and other previous ones
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11
Q

What are the formal resources/ powers of the presidency?

A
  • Veto
  • Executive orders
  • Nominations
  • Recommendations
  • Commander-in-Chief
  • Head of State and Head of Government
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12
Q

What are the informal resources/ powers of the presidency?

A
  • Staff in the executive branch
  • Party ties
  • Mass media
  • International Contracts
  • The ‘bully pulpit’
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13
Q

What are the roles of the President?

A
  • Head of State
  • Head of Government
  • Chief legislator
  • Chief diplomat
  • Commander-in-chief
  • Party leader
  • The president shall ‘from time to time give to Congress information on the State of the Union and recommend to their Consideration such Measures as he shall judge necessary and expedient’.
  • As the State of the Union Address is delivered annually at the end of January, the president takes a leading role in shaping national policy for the year.
  • Has the power to veto bills that have been passed by Congress (found in Article 1, Section 7).
  • The Constitution gives the president the broad responsibility of ensuring that the laws of the USA are ‘faithfully executed’.
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14
Q

How important is the electoral mandate?

A
  • One informal source of the president’s power lies in the size of his electoral victory.
  • The bigger the win, the more he can claim authority and popular support for his agenda.
  • This is part of the reason (along with ego) why Trump disputes the result of the popular vote in 2016.
  • A president can usually get most of his agenda carried in his first 2 years when he is usually support by united government.
  • Midterm losses can usually result in a hostile congress who are less likely to support the president’s programme.
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15
Q

What are some recent examples of electoral mandates?

A
  • Bush (Republican) (2001-09):
    -Mandate = 47.9% popular and 271/538 ECV
    -House of Control = R 2000-06 and D 2006-08
    -Senate Control = R 2000-06 and D 2006-08
  • Major issues:
    -9/11 and the ‘war on terror’
    -Iraq and Afghanistan Wars
    -Hurricane Katrina
    -Banking crisis
  • Obama (Democratic) (2000-17):
    -Mandate = 52.9% popular and 365/538 ECV
    -House Control = D 2008-10 and R 2010-16
    -Senate Control = D 2008-14 and R 2014-16
  • Major issues:
    -Healthcare reform - the Affordable Care Act Budget crisis and stimulus package
    -Osama bin Laden
    -Government shutdown
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16
Q

What is a electoral mandate?

A

The election of a candidate who stood in elections and who thereby got an authorization to act in a certain manner on behalf of his or her electorate and claim more authority.

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17
Q

What are executive orders and their features?

A
  • Implied power, not specific.
  • Most are non-controversial. E.g. Obama’s creation of a White House Council on Native American affairs.
  • Others more so. Obama’s order for the CIA to stop using methods of torture for interrogation
  • Immediate effect
  • Published in Federal Register, numbered
  • There are limitations: can be challenged in the courts and blocked (Trump travel ban in 2017) and there can be strong public and congressional outcry
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18
Q

What are the effects of national events happening while a presidents in office?

A
  • Sometimes national events, most of which are unexpected can force a president to prioritise this issue over his key priorities.
  • Can be beneficial or the opposite.
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19
Q

What are examples of national events and their impacts on presidents and the government?

A
  • 2008 banking crisis and economic crash – Economic Stimulus Package led to ACA being put on ice for a while. This led to opposition to ACA increasing and the final policy being watered down (removal of the ‘public option’).
  • Natural disasters - can backfire - hurricane Katrina in 2004, destroyed New Orleans and George Bush was very slow and little aid getting through
  • 9/11 attacks led a surge in GW Bush’s authority and carried through to the Republicans winning both chambers of congress in 2002.
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20
Q

What are the features of the President’s Cabinet?

A
  • No official constitutional status.
  • Main role is to advise the President and to make sure that his agenda is carried out and to head up their departments.
  • Currently 15 departments. Vice President is also a member.
  • Meetings held as and when, depends on the President. Ronald Reagan held very few meetings, Obama held them frequently.
  • Role of the Vice President also depends on the President – Al Gore was a relatively low-key VP, Dick Cheney, Joe Biden and Mike Pence have all been seen as more high profile and key members of their president’s team
  • Art/S.25 order - if the president becomes unable to fulfil his duties then the vice president can be sworn in and assume his duties (was never used/made but discussed about implementation at the end of Trump’s presidential run)
21
Q

What are some examples of executive powers?

A
  • Executive orders e.g. Travel ban
  • Presidential Memoranda - Pronouncement directed to executive branch officials e.g. War Powers 15.12.11
  • Presidential Proclamations e.g. Wright Brothers Day 15.12.11
  • National Security Directives e.g. NSPD-9: Combating Terrorism 25.10.01
  • Signing statements e.g. Obama Statement on Signing American Recovery and Reinvestment Act 2009
22
Q

What is impoundment and how does it work?

A
  • The president refuses to spend funds appropriated by Congress.
  • Congress has restricted this practice (1974, 1987).
  • He can only defer spending if:
    A “special contingency”, or to achieve savings through more efficient operations
  • He can only propose to permanently rescind funds, but Congress must approve within 45 days
23
Q

How can the power of persuasion be a positive benefit for presidents and examples?

A
  • A lot of a president’s power and success will be based on this in relation to congress.
  • The most successful presidents are able to make compromises with an often hostile congress by keeping in regular contact with them.
  • Richard Neustadt in his 1960 book ‘Presidential Power’ stated that “presidential power is the power to persuade”.
  • President Trump on the other hand, prefers to insult opponents publicly and in personal terms rather than actually talk to them.
  • Whilst President Reagan’s relationship with his arch-rival, Speaker Tipp O’Neill could be very combative, his personal friendship with O’Neill was sufficient to keep open channels of communication when the president needed Democratic support in key votes.
24
Q

What is ‘The Executive Office of the President’?

A
  • Provides advice and admin support for the president.
  • Has grown massively since it started in 1939 and now comprises 1800 people
  • Commonly referred to as the ‘West Wing’
  • Few people are familiar with the personnel, but they are some of the most powerful people in the country
25
Q

What does ‘The Executive Office of the President’ do?

A
  • Policy advice – Office of Management and Budget, National Security Council
  • Manage the President
  • Oversee departments
  • Relations with Congress
  • Specialist functions – Obama’s Office of Faith- based and Neighbourhood Partnerships
26
Q

What is the ‘National Security Council’ (NSC) and their features?

A
  • Established in 1947 at the beginning of the Cold War to advise the president on national security and foreign policy issues.
  • Somewhat secretive, but close to the Oval Office.
  • Briefs the president daily and consults the National Security Adviser, Jake Sullivan.
  • Some Executive members - Joe Biden, president of the United States (chairman), Kamala Harris, vice president of the United States, Antony Blinken, secretary of State, and more
  • Rivalry between the National Security Adviser and the State Department
  • Trump was heavily criticised for politicising the NSC in appointing Steve Bannon, whom he eventually removed
27
Q

What is the ‘Office of Management and Budget’ and what does it do?

A
  • Largest office – 500 employees.
  • Advises the president on the allocation of funds
    for the annual budget.
  • Oversees spending in all federal departments and agencies.
  • Helps to prepare the annual budget which allows the president to fund his policy priorities. (It was $3.8 trillion in 2020).
  • The current head is Shalanda Young
28
Q

What is the role of the White House Office?

A
  • The president’s closest aides and advisers.
  • The Chief of Staff has overview of the entire West
  • Wing. The current post holder is Ron Klain.
  • Controls access to the president.
  • A key part of the role is making sure that a wide range of people can gain access to the president
29
Q

What is the President’s relationship with Congress?

A
  • The separation of powers means that both President and Congress have mandates. Congress will sometimes claim that it has a stronger mandate because they are elected every 2 years.
  • The President does not have the same power of patronage that a British PM has.
  • There is a possibility of bipartisan control or divided government between the President and Congress.
  • As he is a single office holder with a national media profile, the President has a lot of sway over setting the political agenda. However it is increasingly common for Congress these days, under the influence of the House Speaker to set its own policy agenda.
  • John Boner invited the president of Israel to speak to a joint session of Congress, however that wasn’t his place as he wasn’t involved in foreign policy.
  • Nancy Polocy (democratic speaker of house) went to Taiwan and offered support but it wasn’t her place to do so
  • Despite all of this however, it is Congress, in the final analysis who get to pass legislation, the President must have to accept compromises if their own legislation is to pass.
30
Q

What is the President’s relationship with the Supreme Court?

A
  • Although the President gets to make Supreme Court nominations, they must be confirmed by the Senate.
  • This can tilt the balance of the court in one particular ideological direction for decades to come.
  • If a judge is retiring, they will generally do so when the President is of the same political persuasion.
  • Obama nominated two liberals, Sonia Sotomayor and Elena Kagan, to replace two retiring liberals and Trump nominated two conservatives, Neil Gorsuch and Brett Kavanaugh to replace two conservatives.
  • Once appointed however, the President has no influence whatsoever on the Court.
  • Trump’s criticism of District Judge Robart – “so called judge”.
31
Q

What is the process of the President making Supreme Court nominations?

A
  • When a vacancy comes up in the court the first step is to privately interview candidates. - - Then will shorten it down and get his nominee after that there’s a ceremony in the rose garden and where the nominee is introduced to the press.
  • Elena Kagan came from an academic teaching background but everyone else on the board were past judges.
  • After this there’s an informal stage where the ABA give a rating to the candidate which is one of three: qualified, not qualified, and very qualified)
  • The next step is that the nominee will be interviewed by the senate judicial Committee and then there is a vote where if they are all agreed on it goes to the senate floor where from there all you need is a majority decision
32
Q

What is DACA?

A
  • It is the act to try and get children of illegal immigrants to get visas in order for them to legally contribute to society and work DREAM Act (passed senate but not house so it did not become law)
  • Obama through an executive order issued that children of legal immigrants got citizenship and it was passed however Trump reversed this in his presidency
  • Trump wanted to end it because he didn’t want people to assume that I’d you could come illegally and stay long enough they would get legal recognition to encourage others to go to America
33
Q

What are the 4 factors affecting presidential power?

A
  • Presidential popularity
  • Events
  • Mid-term elections
  • Lame duck presidency
34
Q

How is presidential popularity a factor affecting presidential power?

A
  • A well-supported president is likely to receive less resistance from Congress than an unpopular one, Presidential popularity and/or the popularity of their key policies often decline over the term of a presidency.
  • Where this is the case it makes it more difficult for a president to persuade Congress to support their measures
35
Q

How are ‘Events’ a factor affecting presidential power?

A
  • A president can be strongly affected by major events that they may be unable to control. Natural disasters, acts of terrorism, war and economic crisis have all affected presidential power.
  • President Bush experienced a huge increase in his power after 9/11.
  • On the other hand, the Iraq War and the failure to find the ‘weapons of mass destruction’ that formed the basis for going to war increasingly led to reductions in the power of President Bush, with increased resistance from Congress and the public
36
Q

How are ‘Mid-term elections’ a factor affecting presidential power?

A
  • Congressional elections in the middle of a president’s term typically bring defeat to the president’s party, which may lose seats and even their overall majority in one or more chambers of Congress.
  • As a result, presidents often experience a decline in power mid-way through their term.
  • The presidential party of Clinton, Bush and Obama all lost its overall majority in Congress during a midterm election
37
Q

How are ‘Lame duck presidency’ a factor affecting presidential power?

A
  • With presidents being elected in November but not replacing the incumbent president until January, the president in office finds it difficult to achieve policy goals.
  • Politicians and the public often focus on the new president and their policy agenda.
  • The terms ‘lame duck presidency’ has been applied to the period before the election, especially in a president’s final term when there is a great deal of focus on the presidential elections
38
Q

How effectively had Bill Clinton achieved his aims?

A
  • When Coming in he had objectives: to institute universal health care (American NHS). It was opposed by the insurance companies and made the point of it was introduced that standards would drop as now it’s free so they would put in less effort
  • His biggest success was the economy. When he left office in 2000 the budget was balanced for the first time in many years. - He wanted to reframe the democrats as a fiscal responsibility party, the economy was in the strongest position it had been in a long time
39
Q

How effectively had George W. Bush achieved his aims?

A
  • Compassionate conservative
  • Investing in things like education e.g. ‘no child left behind‘ policy
  • Billions of dollars pumped into child literacy and numeracy programme
  • 911- rallying of people and his popularity jumped
  • All went south in 2004 with the invasion of Iraq and war which dragged on for ⅞ years at least
  • Very unlucky president, in his time as president. Crash of 2008. Could argue that you could see it coming but would be very difficult
40
Q

How effectively had Barack Obama achieved his aims?

A
  • Main aim was to introduce health coverage for 40 million Americans who didn’t have any
  • Wasn’t as ambitious as Clinton’s manifesto and has been a success
  • Didn’t manage to do anything about immigration or gun reform - not really his fault as the republican congress blocked him at every single term
41
Q

What is ‘The imperial presidency’ and the arguments that lie around it?

A
  • There are 4 key methods in which a President can exert huge power: Executive orders, signing statements, executive agreements and unilateral war powers.
    -The argument to counter the idea of the imperial presidency is that of the ‘imperilled presidency’. In other words that the executive is constrained owing to checks and balances or outright resistance (as in the case of Obama, Merrick Garland for instance) that it lacks real bite.
  • An Imperilled Presidency is the contrasting theory to that of an Imperial Presidency put forward by Schlesinger. The basis of the theory is that the President does not have enough power to be effective in the role. This is in direct contrast to the theory of an Imperial Presidency.
  • The Ford administration is the example of an imperilled presidency. The main argument that a Presidency is imperilled is quite simply that the federal bureaucracy was too big to manage effectively. Ford stated that:
  • [A] principal weakness in the presidency is the inability of the White House to maintain control over the large federal bureaucracy. There is nothing more frustrating for a President than to issue an order to a Cabinet officer, and then find that, when the order gets out in the field, it is totally mutilated.
  • Some have argued that the increase in executive controls have allowed the Presidency to become Imperilled. Such measures include: Creation of the Government Accountability Office and Congressional Budget Office, Passage of the Case Act 1972, mandating the President to declare all executive agreements, and more.
42
Q

How can a President exert huge power through executive orders?

A
  • The president can instruct the executive branch to carry out/ not carry out certain practices without consulting Congress. This could be see an effectively creating new policy without the need for a congressional vote
  • Immigration, including Obama policies on DAPA and DACA and Trump’s 2017 executive order banning immigration from seven specified countries. In 2001 Bush signed an executive order that allowed the creation of military tribunals in language that covered the detention, treatment and trial of non-US citizens involved in terrorism, leading to the creation of the Guantanamo detention camp
  • The scope of these orders is limited. In theory the president cannot pass new laws but only enforce existing ones or use his/her power to govern the executive branch. Obama’s planned extension of DAPA and DACA was halted by a Court ruling in 2016, as was Trump’s immigration executive order in 2017
43
Q

How can a President exert huge power through signing statements?

A
  • A statement written and signed by the president at the same time as signing a piece of legislation. When signing a bill the president may state that they will not enforce certain sections (for example, because they deem them to be unconstitutional). This gives the president the power to effectively hold a line-item veto, allowing them to strike out individual lines of a bill. The Supreme Court has declared the line-item veto unconstitutional in Clinton v New York 1998, stating that a president can either accept or reject a whole bill only. Many signing statements (or parts of them) have limited constitutional significance
  • In 2014, Obama signed the National Defense Authorization Act, which contained a clause requiring the defense secretary to notify congressional committees at least 30 days before moving someone from Guantanamo Bay. Obama issued a signing statement rejecting congressional authority here. Obama did not comply with the act when he secretly traded a captured US soldier, Bowe Bergdahl, for five Taliban members detained at Guantanamo.
  • The president can issue such words but may find it difficult to actually bring about any change. For most laws, such as budget agreements, there is little a president can do with a signing statement. Also, a signing statement is only words on a page. Congress may insist on the laws it has passed, and the Supreme Court could force the president to follow the intentions of congressiona law. Future (and current) presidents are not obliged to follow suit. Obama signed a statement saying he would not use drone strikes to kill US citizens in the US, even though he signed a law permitting it. There is no reason why President Trump needs to follow this interpretation of the law in existence.
44
Q

How can a President exert huge power through executive agreements?

A
  • A piece of constitutional magic conjured up by the president in making an agreement with another country. This agreement does not require Senate ratification. This could be seen as replacing treaties and allowing the president to bypass traditional constitutional relations to achieve foreign policy goals. It is the president who decides what is a treaty and what is simply an ‘agreement’.
  • Obama’s Iran deal in 2015, agreeing on lifting some trade embargoes and freezing Iranian assets in return for Iranian efforts to end their aims to be a military nuclear power; 2015 China environment deal, negotiated in secret, agreeing to US and Chinese attempts to reduce CO, emissions.
  • An executive agreement is only an agreement with the incumbent president, not with the US government in general. In theory, it could be ignored by future presidents, although there could be legal and political complications. Any agreement is arguably unconstitutional. In 2015, Senators wrote an open letter to Iran saying they did not recognise the Iran deal as having any force in US law.
45
Q

How can a President exert huge power through unilateral war powers?

A
  • Presidents have made military decisions without consulting Congress - something that has become increasingly important since the Second World War, marking a major change in presidential power. The requirement for greater speed, secrecy and expertise in decision-making has allowed the president increasingly to take control of military and security policy. Ordering military action without consultation or consent from Congress can be seen as bypassing key requirements of the Constitution.
  • Libya 2011, when Obama ordered air strikes - without consulting Congress - helping to destabilise the Libyan government
  • Presidents are particularly powerful over short-term action; longer term action is more easily regulated by Congress using the War Powers Act or funding restrictions. The president may be heavily limited by strong public opposition, a consideration that may have held Obama back over what appeared to be his inevitable orders to attack the Syrian Assad regime.
46
Q

What is the role of the President in foreign policy?

A
  • Aaron Wildavsky, the political scientist, put forward the idea of the ‘dual presidency’.
  • On the one hand, the President has exceptionally powerful control over foreign policy, but is much weaker on domestic policy.
  • So who controls foreign policy: President or Congress?
  • The Constitution gives the President the role of commander in chief. This allows him to take military action without the approval of Congress – Obama in Libya in 2011 and in Syria against IS.
  • It also allows him as head of state to be chief diplomat. Obama worked on a nuclear deal with Iran for instance and engaged with China and Cuba. Trump moved the US embassy in Israel to Jerusalem and had a summit with Kim Jong Un. All of these actions came without congressional approval.
  • The vast majority of Cuban Americans live in Florida and most of them came over after the revolution of 1959 and were quite a prosperous community. They tried to get rid of Batista (Cuban president) so they became very communist and very right wing
  • The main limit on the President where foreign policy is concerned is that constitutionally, only Congress can declare war and ratify treaties
47
Q

What are the political advantages and disadvantages for the President with foreign policy?

A
  • The American public tend to look to the President rather than Congress for leadership.
  • Congressional leaders trying to take control of foreign policy have been criticised – then House Speaker, Nancy Pelosi’s visit to President Assad in Syria in 2007 and Speaker John Boehner’s decision to invite Israeli PM Benjamin Netanyahu to address a joint session of Congress drew lots of criticism. (This was in 2015, not 2013 as I say in the voiceover).
  • As an elected body, Congress may often feel that it has the right to challenge the President’s foreign policy if local constituents are opposed. Senator Marco Rubio was very critical of President Obama’s decision to loosen the travel restrictions to Cuba back in 2016. These have since been reversed by President Trump
48
Q

What are some extra foreign policy concerns for the president?

A
  • The President has one key advantage in that he is privy to classified information.
  • He is also served by the National Security Council and is much more suited to making quick decisions than Congress.
  • Congress will usually have to just trust the President when he looks for its support. Many Democrats, such as Hillary Clinton were uneasy about the US invasion of Iraq, but still voted for it regardless.
  • In Congress, the Senate Foreign Relations Committee includes many people with years of foreign policy experience and in closed sessions of Congress, they too can receive classified information however which allows them to challenge executive action
49
Q

What do the foreign policies stand for/ what does America stand for?

A
  • Maintain American dominant power in the world
  • Stop the spread of nuclear weapons
  • Preservation of democracy and peace and order in the world