3. us presidency Flashcards
formal sources of presidential power outlined in the constitution
- the US constitution gives executive powers to the presidency
- the presidency embodies a dual role as Head of State (such as formally hosting visits from the representatives of other states) and as Head of Government (such as implementing laws enacted by congress)
- as President Theodore Roosevelt put it, the position is ‘almost that of a king and a prime minister rolled into one’
- the formal powers (enumerated powers) of the presidency are outlines in article 1 and 2 of the constitution
powers of the President as the head of state
- veto legislation (article 1)
- to be commander in chief of the army and navy (article 2)
- to make treaties
powers of the president as the head of state and head of government
- to grant reprieves and pardons
- from time to time, give congress information on the state of the union
- to appoint ambassadors, other public ministers and counsels
- to nominate judges to the supreme court
powers of the president as the head of government
- to nominate other officers of the US
- to recommend to congress legislation as he shall judge necessary and expedient
- take care that the laws are faithfully executed
- to summon special sessions of congress on extraordinary occasions
to be commander in chief of the army and navy of the US
- always significant during war time
- George W. Bush
- taking the US into the wars in Afghanistan and Iraq (2002-03), actions which enhanced his importance in the short term, but contributed to the major decline in his popularity later in his presidency as the war dragged on
to veto legislation
- 2020
- Trump vetoed the national defence authorisation act because of its failure to repeal a law protecting internet companies from prosecution because it called for names of confederate generals to be removed from military bases
- the significance of this veto is that it was overridden 322-87 in the house, and 81-13 in the senate
- this was the only occasion during Trump’s presidency that a veto was overridden
to grant reprieves and pardons
- July 2020
- Trump used it to commute a 40 month prison sentence for his associate Roger Stone and it caused mad uproar
- Stone was found guilty in 2019 on 7 charges, including tampering and lying to congress, but Trump overturned his sentence, claiming he had been treated unfairly
informal sources of presidential power
- the electoral mandate
- executive orders
- national events/foreign affairs
- power to persuade
the electoral mandate
likely to have a strong mandate from their party in congress, therefore likely to meet fewer obstructions than someone narrowly elected and facing a congress controlled by another party, creating divided government rather than a unified government
executive orders
- executive orders not expressed in the constitution but interpreted from the president as being given ‘executive power’ in article 2
- the use of these powers circumnavigates congress, but it is a precarious power as a president must not act beyond the bounds of the constitution
- this would result in their actions being struck down by the supreme court
- is a directive
national events/foreign affairs
- in times of crisis, congress often acts with deference allowing considerable presidential power
- the opposite is true when presidential approval ratings are low
power to persuade
the ways in which the president can utilise their office in order to push through their agenda, e.g., appealing over the heads of congress to the wider public
interpretations and debates regarding the US presidency
- it is probably unknown for a president to leave office having achieved all of their aims before they became president
- often the impact and effectiveness of check and balances can be seen in the president’s ability to achieve their aims over the course of their presidency
- circumstances will also invariably have an impact on the success of checks and balance being implemented by the supreme court and congress
- the circumstances though a four or eight year term can change the nature of presidential power
did Clinton reduce the deficit
- mostly seen as a major success of the Clinton presidency
- however, others claim that this is a success of the republican led congress, which speaker Gingrich helped cause budget shut down
did Bush lower tax
there were major reductions in tax, mainly for the wealthy because the bill required VP Cheney’s vote to overcome a senate tie
did Obama achieve healthcare reform
- partially achieved with the passing of the affordable care act
- he dropped his desire for a federal health insurance company to complete in the marketplace
the role and power of the president in foreign policy
- as part of the system of checks and balance, the constitution divides responsibility for foreign policy between the president and congress, with specific duties being assigned to each of the branches and two specific checks on presidential actions been given by the senate
- president - ‘commander in chief’, ‘make treaties’, ‘appoint ambassadors’
- congress - ‘raise and support’ armed forces, ‘advise and consent’ to treaties (senate), ‘advice and consent’ to ambassadors (senate), ‘declare war’
presidential strength - domestic affairs
- it is expected that presidential bills should pass through congress given the president’s electoral mandate
- the constitutional requirement to address congress annually about the ‘state of the union’ gives them a platform to suggest legislation
- in a time of unified government, the president is likely to face less scrutiny from congress
- if the president holds a strong electoral mandate, it can be difficult for congress to defy them
presidential weakness - domestic affairs
- the president may not control congress, making it more difficult to pass their legislative agenda
- individual senators can hold up presidential desires through filibusters
- a short term cycle for congress means that members are often more responsive to their states or districts than to national politics
- appointments to key domestic roles, such as the cabinet or the supreme court, are subject to senate approval
- hyperpartisanship can make compromise more difficult, often resulting in gridlock
- in a federal system, states can prevent the president’s domestic agenda from being effectively enforced
- the president is more likely to be challenged in the supreme court over domestic affairs
presidential strength - foreign affairs
- the president is the head of state and can command the attention of world leaders and global media
- the president can use executive agreements to avoid consulting the senate
- international crises demand swift and decisive action; congressional investigations and accountability often come only after the crisis has passed
- as commander in chief, presidents have taken military actions without without authorisation from congress
- the president alone can receive ambassadors and recognise countries
presidential weakness - foreign affairs
- the president is reliant on congress for funding, as Trump found with his plans for a border wall
- congress has tried to regain power in this area, passing the war powers resolution and using AUMFs
- if the president acts alone, they will be held accountable alone, a poorly executed foreign policy can lead to low poll rating for the president
- the senate can, and has, rejected treaties
- congress can try to use its legislative powers to control foreign policy
elections: the election cycle, divided government and the electoral mandate
- the success that a president has in an election can be a source of power
- strong mandate = presidential requests to congress difficult to ignore
electoral mandate
the authority gained at an election by a political leader to act on behalf of their constituents, in force until the next election
coattails effect
- the ability of a president to bring out supporters for other members of their party, and therefore helping them to win, due to their own popularity
- Trump was mocked for having a short coattails effect in 2016, with republicans losing two senate seats and six house seats
- Trump was insufficiently popular to help other republicans gain office, this was later reflected in the difficulties he faced getting his legislative programme through congress