3. us presidency

Question 1

formal sources of presidential power outlined in the constitution

Answer 1

• 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

Question 2

powers of the President as the head of state

Answer 2

• veto legislation (article 1)
• to be commander in chief of the army and navy (article 2)
• to make treaties

Question 3

powers of the president as the head of state and head of government

Answer 3

• 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

Question 4

powers of the president as the head of government

Answer 4

• 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

Question 5

to be commander in chief of the army and navy of the US

Answer 5

• 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

Question 6

to veto legislation

Answer 6

• 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

Question 7

to grant reprieves and pardons

Answer 7

• 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

Question 8

informal sources of presidential power

Answer 8

• the electoral mandate
• executive orders
• national events/foreign affairs
• power to persuade

Question 9

the electoral mandate

Answer 9

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

Question 10

executive orders

Answer 10

• 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

Question 11

national events/foreign affairs

Answer 11

• in times of crisis, congress often acts with deference allowing considerable presidential power
• the opposite is true when presidential approval ratings are low

Question 12

power to persuade

Answer 12

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

Question 13

interpretations and debates regarding the US presidency

Answer 13

• 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

Question 14

did Clinton reduce the deficit

Answer 14

• 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

Question 15

did Bush lower tax

Answer 15

there were major reductions in tax, mainly for the wealthy because the bill required VP Cheney’s vote to overcome a senate tie

Question 16

did Obama achieve healthcare reform

Answer 16

• 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

Question 17

the role and power of the president in foreign policy

Answer 17

• 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’

Question 18

presidential strength - domestic affairs

Answer 18

• 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

Question 19

presidential weakness - domestic affairs

Answer 19

• 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

Question 20

presidential strength - foreign affairs

Answer 20

• 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

Question 21

presidential weakness - foreign affairs

Answer 21

• 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

Question 22

elections: the election cycle, divided government and the electoral mandate

Answer 22

• the success that a president has in an election can be a source of power
• strong mandate = presidential requests to congress difficult to ignore

Question 23

electoral mandate

Answer 23

the authority gained at an election by a political leader to act on behalf of their constituents, in force until the next election

Question 24

coattails effect

Answer 24

• 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

Question 25

2020 presidential election

Answer 25

• republican Trump - 46.9% of popular vote, 232/538 electoral college votes
• democrat Biden - 52.3%, 306/538 electoral college votes

Question 26

national circumstances

Answer 26

• national circumstances can significantly help or hinder presidential influence
• after 9/11, the poll ratings for GWB increased substantially
• positive national circumstances can help bolster a president’s influence

Question 27

Biden and the effect of events on presidential popularity

Answer 27

• event - Afghanistan withdrawal (2021), the USA withdrew its final troops from Afghanistan after 20 years
• the withdraw was chaotic and let to the Taliban reclaiming control over the country (negative effect)
• event - Russian invasion of Ukraine (2022)
• the crisis allowed Biden to focus on foreign policy, and use it to shape his state of the union address and visit Poland for a NATO meeting (positive effect)

Question 28

Obama and the effect of events on presidential popularity

Answer 28

• event - sandy hook shooting (2012)
• 20 children aged 6 and 7 were killing in a school shooting
• Obama appeared as mourner-in-chief to the nation and was able to advance a gun control agenda
• however, ultimately little action came as a result
• neutral effect

Question 29

congress and the relationship with the executive

Answer 29

• the president’s relationship with congress is based on a number of factors: the electoral mandate and the timing of the electoral cycle, the manner in which they exercise their constitutional powers, their popularity, which party controls either house of congress
• the separation of powers in federal government should ensure compromise, when a president is unwilling to compromise, congress, congress often becomes more entrenched too

Question 30

supreme court and the relationship with the executive

Answer 30

• the president’s relationship with the supreme court is more stable than their relationship with congress
• their ability to pressure the court is limited, and while their nominations can change the balance of the court, vacancies do not occur at their will
• Obama openly criticised the supreme court in this 2010 state of the union address, arguing its ruling in citizens united v. fec had ‘opened the floodgates’ to huge volumes of money being spent in elections
• Biden published a statement following a supreme court ruling on Texas’ abortion law, describing it as ‘an unprecedented assault’ on women’s right
• when justice Kennedy retired in 2018, Trump was able to move the ideology of the court by replacing Kennedy with the more conservative justice Kavanaugh, he strengthened this conservative wing of the court by replacing Ruth Bader Ginsburg with the conservative Amy Coney Barrett in 2020

Question 31

presidential accountability to congress is effective

Answer 31

• the short election cycle of congress and the coattails effect mean that congress is highly responsible to presidential popularity, it is more willing to use its powers when the president is unpopular
• in domestic policy, congress has significant control over presidential power, from passing legislation to deciding on the funding that will be allocated
• the constitution gives congress a range of checks to prevent presidential action, or ultimately to remove the president if necessary
• in times of divided government, congress has demonstrated its willingness and ability to use powers, such as the veto override, overriding presidential action
• national crises can also dent the popularity of the president depending on their response, which directly affects congress’ willingness to apply checks to their power

Question 32

presidential accountability to congress is ineffective

Answer 32

• the president’s enumerated powers give them far greater power as they are able to exercise powers alone while congressional powers often require supermajorities and bipartisanship, which are difficult to achieve
• in foreign policy, congress has very few powers to hold the president accountable, and those that it does have are significantly weaker than its domestic powers
• the constitutional powers of congress are largely reactive, being able only to confirm or deny the president’s choices, and in some cases being circumvented entirely
• in times of united government, congress is less likely to use its powers to limit the president, allowing them considerable power
• in times of national crisis requiring a swift response, congress often defers to the president who, as a singular executive, can act quickly, this often gives the president large grants of power

Question 33

imperial presidency

Answer 33

• a president is referred to as imperial when the constitutional checks of congress are either unused or ineffective
• of a president is able to evade congressional checks, for example through executive orders, this could also be termed as imperial presidency

Question 34

lame duck

Answer 34

• a president who finds it difficult to exercise their constitutional powers and appears to be weak, is often known as imperilled
• such a president can also be referred to as a lame duck
• formally, a lame duck president is one who is continuing in office in January, but who still holds office, they continue to hold office and constitutional powers but have lost the electoral mandate: they may have lost their election for a second term, or have served two term
• informally, a lame duck president has come to mean one who is weak and cannot exercise their powers effectively at any point in their presidency

Question 35

the president and foreign policy

Answer 35

• the president seemingly has more power and less checks in foreign policy than in their domestic roles
• this is subject to the fluctuations in presidential influence over the course of a presidency

Question 36

how the president can attempt to control foreign policy

Answer 36

• the creation of treaties, although these are senate confirmable, the president could circumvent this by using executive agreements
• the reception of ambassadors, now interpreted as the president’s right to recognise nations
• the appointments of US officials to control foreign policy, while cabinet officials such as the secretary of defence are subject to senate approval, appointments such as the national security advisers are not - all of these officials have notable powers in controlling foreign policy
• the role of commander in chief, which has seemingly usurped congress’ power to declare war, while congress has tried to remedy this using the power of the purse and AUMF, it has struggled to use this to prevent action, the war powers act has been viewed as unconstitutional by presidents since 1973, and therefore has not been successfully enforced
• as the head of state, the president often finds congress acting with deference in times of emergencies, congress allows considerable presidential freedom of action in response to a crisis

Question 37

how congress can attempt to control foreign policy

Answer 37

• the use of congress’ powers over appropriations to fund/defund military action - in 2007, democrats attempted to defund the Iraq war
• the issuing/repealing of an AMUF to secure its role in authorising military action even if it is not formally declaring war
• it ratifies treaties and presidential appointments, when a president attempts to circumvent these powers, congress protests and works to make headlines - the senate did this with Obama’s Iran nuclear deal, when congress not only demanded a say, but also attempted to time limit his negotiations
• congress can use its legislative power to try to control foreign policy, congress passed laws preventing Obama allowing Syrian refugees and the release of Guantanamo Bay detainees on to US soil, thwarting the president’s plan

Question 38

arguments that argue that the president controls foreign policy

Answer 38

• the president can make treaties and nominate appointees for the cabinets and diplomats
• US v. Curtiss-Wright (1936) recognises the president as ‘the sole organ of the federal government in the field of international relations’
• as head of state, the president represents the USA on an international stage and in international organisations
• the presidential power of ‘commander in chief’ is enumerated in the US constitution
• presidents can use the white house as a stage, a ‘bully pulpit’, lending gravity to their actions

Question 39

arguments that argue that congress controls foreign policy

Answer 39

• congress is able to vote to approve military action
• leaders in congress can use their role and influence to pressure the president into consulting congress, e.g., speaker Boehner expressed support for the military plans in Syria, he made it clear that it was Obama’s responsibility to secure the votes in congress
• the short election cycle in congress, and the importance of which party controls congress, means the president must be mindful of public opinion
• congress has oversight powers; congressional committees can hold hearings and investigations on proposed, ongoing or previous military actions
• congress can control foreign policy through the ‘power of the purse’, authorising money for action or not, usually this is done through AUMFs
• constitutionally, only congress can declare war
• congress approves treaties and ratifies appointments, such as to the cabinet and diplomats

Question 40

similarities between the US president and UK prime minister as head of state

Answer 40

• the role of commander in chief rests in theory with both the prime minister (through royal prerogative) and the president, although the legislatures in both countries have become more assertive in trying to challenge this role
• both act as the representative of their country on the world stage, attending summits and conferences, negotiating treaties and visiting foreign nations
• both the prime minister and the president carry out sone ceremonial duties, although these are increasingly limited

Question 41

differences between the US president and UK prime minister as head of state

Answer 41

• the president is the head of the state in the USA, while the monarch formally holds this role in the UK
• having a majority in the house of commons means the prime minister should be able to easily gain approval for any treaty, whereas the president’s treaties are subject to senate approval, their actions to circumvent this power are often criticised
• the president has ore exclusive powers than would usually be associated with a head of state, such as the power of the pardon and veto; these powers, where they exist at all in the UK, are exercised by the monarch, e.g., the posthumous pardon of Alan Turing in 2013

Question 42

similarities between the US president and UK prime minister as head of government

Answer 42

• both are able to make nominations to their cabinet
• both address the legislature with an annual legislative agenda, the president at the state of the union and the prime minister through the king’s speech, which is written by the government
• both are seen as the leader of their respective parties, even if the president does not formally hold this role
• both can find their legislatures a challenge to deal with, the president in the event of losing one or both houses, or due to their poor popularity, the prime minister due to a small majority or the house of lords
• both have little power over the judiciary and are subject to ruling from it

Question 43

differences between the US president and UK prime minister as head of government

Answer 43

• the prime minister usually has a majority in the house of commons, whereas the president is likely to face an opposition congress for at least some of their time in office
• the president’s cabinet appointments are subject to senate approval but their cabinet is not a collective body; the prime minister has far greater freedom over appointing cabinet secretaries, but their power exceeds that of their US counterparts as they are a collective body
• rulings of the US supreme court can strike down presidential action as they are interpretations of the sovereign constitution; as parliament is sovereign, and the prime minister usually maintains control over parliament, the powers exercised by the supreme court are not sovereign - however, the president does have greater control over the composition of the supreme court, and therefore can possibly influence their rulings

Question 44

similarities between the US president and UK prime minister and their impact on government

Answer 44

• both set the legislative agendas for their country, setting out their policy desires, and reacting to political circumstances
• both have broad control over foreign policy, including involving their countries in military actions and treaties
• both can be challenged by the other branches of government, or their own cabinet, in trying to pass their own policy
• both have mechanisms by which they can endeavour to control their party and thereby push through their agenda

Question 45

differences between the US president and UK prime minister and their impact on government

Answer 45

• the president is able to have the final say over legislation in a way the prime minister is not: legislation not supported by the prime minister is unlikely to pass, the president can make sure this does not happen
• the prime minister is likely to get most of their legislative agenda passed, whereas the president is likely to get only a little of theirs passed
• the prime minister is unlikely to face defeats and therefore more likely to lead an ‘elective dictatorship’; the president could be either ‘imperial’ or ‘imperilled’
• the discipline that the prime minister can use to control the government is punitive - whips and demotions - whereas the president is often restricted to more positive approaches, with only limited party discipline available
• the president is able to have a greater singular impact on the government, reshaping, hiring, and firing within the executive branch; while the prime minister retains the ability to reshape the cabinet, its power in post is as a collective body, reducing the prime minister’s singular impact

Question 46

the extent of accountability for US presidents and UK prime ministers

Answer 46

• the UK prime minister is more likely to command a majority in the legislature, and because of fusion of powers and party control over elections, to be able to force thing through
• primaries for members of congress can divide its loyalty, and divided governments for the president have become more common
• the extent and effectiveness of many of parliament’s powers depend in the government majority
• while the ability of congress to enforce its powers can vary, the fact that it is protected by the constitution makes it a much greater threat to the president
• the greatly differing length of the electoral cycle allows the prime minister a greater influence as they do not have to be so frequently concerned over the opinion of the public
• the frequent, short election cycle in the USA can give the effect of the ‘permanent election’, making congress more reactive and therefore limiting the influence of the president

Question 47

accountability to the legislature

Answer 47

• the passage of legislation, even when forced through, is subject to scrutiny and amendments by both houses of each legislature
• both legislatures are looking for and finding new ways in which to have some greater control over foreign policy
• the actions of both governments can be subject to investigations launched by the legislature
• both can remove the executive, either through a vote of no confidence or through impeachment, although both remain rare
• both must retain the confidence of the legislature in order to get their legislature programme through

Question 48

comparing the US president and the UK prime minster

Answer 48

• the president is directly elected and therefore holds a personal mandate, whereas the prime minister is the leader of the winning party in the house of commons
• the prime minister can dominate the legislature, through having a fusion of powers and controlling discipline in their party
• the president may find themselves facing a congress controlled by the opposition party
• even when it is controlled by their own party, they may find that the members have greater loyalty to their constituents, as they can be removed in primaries
• the primary system also means it is difficult to enforce party disciple, further weakening the president’s control over congress

Question 49

white house office (WHO)

Answer 49

• WHO includes the president’s closest aids and advisors
• the head of WHO is the chief of staff
• they are in connection between presidential advisers, cabinet officers, and the president
• in this role, the chief of staff must be flexible, open minded and an honest broker - someone who allows people with a variety of different perspectives and ideas to gain access to the president
• Reince Priebus - surprise pick for Trump’s chief of staff, given his position as chair of the republican national committee, as a republican insider; however, Priebus gives Trump a greater opportunity to make connections with senior republican figures, increasing his chances of gaining congressional support
• Bill Daley - seen as a failure as Obama’s chief of staff as he struggled to gain command and respect of the west wing, perhaps as a result of his hands off style

Question 50

how is the white house organised

Answer 50

• spokes on a wheel - the president acts as the hub, and the advisors and cabinet officials are the spokes, the president is available to a relatively wide range of advisors and most have permission to see the president; e.g., the Clinton presidency, allowing him to take a hands on approach and have greater control of policy, but made it difficult for Clinton to delegate detains and focus on the bigger picture
• pyramid system - a hierarchal system with the president at the top, only a few key advisors have direct access to the president; the chief of staff acts as the ultimate gatekeeper, most presidents adopt this model, e.g., Bush and Obama

Question 51

the president and congress receive separate mandates - the separation of powers and presidential-congressional elections

Answer 51

• both branches feel that they have the right to govern, which means congress is likely to be an active legislative branch, unwilling to simply respond to presidential demands
• congress can often claim a stronger mandate, as house of representatives elections renew its mandate every two years
• congressmen and senators tend to vote according to their constituencies’ views, rather than the wishes of the president
• they will be reluctant to toe the party line in the face of hostile constituency views

Question 52

the president has limited patronage power over individual members of congress - the separation of powers and presidential-congressional elections

Answer 52

• because the two branches are kept separate, the president does not work alongside a team within congress, so cannot regularly promote or demote them
• the president will typically choose a cabinet that lasts for the full four years of their presidentcy
• if a congressional member of their own party will not support presidential policy requests, there is little a president can do

Question 53

there is a possibility of bipartisan control/divided government - the separation of powers and presidential-congressional elections

Answer 53

• it is common for the president to be controlled by one party, while at least one chamber of congress is controlled by the other
• the separation of powers creates the likelihood of conflicting agendas, where compromise is inevitable if wither side is to achieve their policy goals

Question 54

agenda setting and shaping legislation

Answer 54

• as a single executive office holder who is nationally elected, the president is in a stronger position than congress to claim a national mandate to set the national policy agenda
• radio and tv have strengthened presidents’ mandates, as it makes it easier to ensure that congress debated their political priorities
• agenda setting allows the president to act as the driving force of us politics, this is re enforced by the president’s position as both head of state and head of government
• the president can dominate the agenda of US politics and can further influence legislation through veto power, signing the bill, speaking directly with congress, and meeting with individual members of the legislative body
• the growth of EXOP has helped the president to have high levels of authority, with access to arguably superior sources of information and advice, this has helped modern presidents to become the dominant force in the legislative process
• however, the president is not all power in setting the political agenda, congress is the sole legislative body with a mandate of its own so it can set a national agenda
• it is increasingly common for congress, under the direction of a powerful house speaker to develop a set of policy priorities of its own
• this is particularly the case when the opposing party to the president wins a mind term election
• once legislation is underway, congress can shape legislation in a way the president cannot

Question 55

Trump conflicts with congress

Answer 55

• in 2017, Trump struggled to pass the American health care act through the house of representatives, withdrawing the bill in March due to lack of congressional support
• after much compromise and a shift to the right to please conservative republicans, the bill narrowly passed the house in May 2017
• this shows that, even when a president has a majority in congress he cannot easily achieve legislative success
• opposition came from both conservative republicans in the freedom caucus (felt that the law did not go far enough) and moderate republicans, (concerned about the loss of health insurance coverage for many)

Question 56

relationships between the presidency and the supreme court

Answer 56

• the president’s only form al power over the supreme court lies with nominations at a time of vacancies
• this gives the president influence over the ideological balance of the court
• the extent to which this gives power to an individual president is arguably very limited as most presidential appointments make little or no difference to the overall ideological balance of the court, partly because justices choose when to retire and typically do so when they are ideologically aligned with the current president
• presidents may influence the composition, but they have virtually no influence over any one of the nine justices who make a decision

Question 57

factors affecting presidential power

Answer 57

• events
• mid term elections
• presidential election cycles and the lame duck
• presidential popularity

Question 58

presidential popularity

Answer 58

• 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

Question 59

the president, the constitution, and the supreme court

Answer 59

• the codified, entrenched and sovereign constitution aims to place stringent limits on presidential action in a variety of ways
• some constitutional regulations on presidential power are so clear that it is unlikely any president would break them, e.g., the two term rile, or the ratification of justices by the senate
• the supreme court can use its considerable power of judicial review to overturn either the actions of the president or the president’s favoured policies

Question 60

the election cycle and divided government

Answer 60

• mid term election - 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 (e.g., Obama, Clinton)
• lame duck presidency - 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 on the new president and their policy agenda

Question 61

the extent of the success of Obama’s key policy promises

Answer 61

• introduce health insurance for all (2008 campaign) - partially achieved with the passing of the affordable care act, Obama compromised on the public option, dropping his desire for a federal health insurance company to compete in the market
• close Guantanamo detention centre (2008 and 2012 campaigns) - failed, at the end of the Obama presidency, Guantanamo still held 41 people (the number did decline massively however)
• stimulus package for the economy (2009 campaign) - achieved with legislation being passed in 2009 that led to additional spending of $787 billion

Question 62

power to persuade

Answer 62

• an informal power of the president in which they can use the prestige of their job and other bargaining methods to get people to do as they wish
• in the modern era of party polarisation, the president’s powers of persuasion are less effective than they were in the post war period when bipartisan politics was more common
• in a system of separated institutions sharing powers, almost every power that the president possesses is checked by congress
• since congress has become more assertive, it has never been more difficult for presidents to use their persuasive powers to see through their legislative programme
• party links may not help much
• there may e a situation of divided government
• from 1993 to 2022, the presidency and both houses of congress were controlled by the same party for only 10 1/2 of those 30 years
• a president will usually find it much easier to be successful with congress if there is unified government

Question 63

examples of when there was unified government

Answer 63

• 2021 - 2022: democrat
• 2017 - 2018: republican

Question 64

presidential persuasion through people

Answer 64

• the president, in order to be a successful persuader, must work through a number of other people
• professor McKay said there are four basic riles that a president should follow in organising the white house to enable the president to have the right people in place to assist in the exercise of the informal powers of persuasion:
  1. get an early start, appointing key roles to exploit the ‘honeymoon’ period of the presidency
• Biden ensured key roles n cabinet were appointed when he came into office, Trump was slower at appointing which hindered his progress in the early months of his presidency
  2. appoint a chief of staff, who is a good political operator
• GWB had the most successful, long serving, and effective chief of staff, Andrew Card
  3. use closed discussion when formulating the detail but be open to ‘selling’ final programmes
  4. build an esprit de crops between staffers and cabinet secretaries
• GWB was very successful at creating a feeling of pride/loyalty in the first 6 years of his presidency

Question 65

direct authority of the president

Answer 65

• presidents often resort to direct authority, which are actions that require no congressional approval and yet can achieve some of the political goals that presidents see
• three types of direct authority are executive orders, executive agreements, signing statements

Question 66

executive orders

Answer 66

• extra constitutional power and have the force of law
• they do not require congressional approval
• an official document issued by the executive branch with the force of law, through which the president directs federal officials to take certain actions
• the office of management and budget has developed the role of ‘executive order clearance’ - screening them to ensure that they fit with the president’s policy interests and with existing law
• presidents cannot use executive orders to create new legislation - the purpose is to give instructions to federal departments and agencies regarding the enforcement of legislation
• Obama frequently used executive orders
• e.g., Joe Biden signed the adjustments of certain rates of pay executive order
• easy for a president to issue, but they are equally easy for a successor to revoke
• Biden spent his first 100 days signing executive orders to reverse a host of Trump polices, including the construction of the wall on the Mexico border
• as well as being overturned, executive orders can be ruled unconstitutional

Question 67

key executive orders - Obama

Answer 67

• 2009
• closure of Guantanamo bay
• unsuccessful (illegal)
• this executive order reversed practices of the Bush administration relating to the interrogation and detention of terrorism suspects

Question 68

key executive orders - Trump

Answer 68

• 2018
• lawful detention of terrorists
• successful (legal)
• Trump signed an executive order to keep Guantanamo bay, honouring an election vow to keep the prison open and ‘load it up with some bad used’

Question 69

the electoral mandate

Answer 69

• the larger the president’s electoral mandate at the last election, the greater is his chance of success in convincing congress to pass his legislative programme
• e.g., GWB was in a very politically weak position in 2001, having lost the popular vote to opponent Al Gore
• e.g., Reagan in a politically strong position following his re election in 1984 with 59% of the vote
• in the present era of hyper partisanship, presidents are less likely to be able to sweep the board in an electoral landslide, like Lydon Johnson in 1964
• in the modern era of party polarisation if one or both of the houses of congress are controlled by the opposition party, then even with an electoral mandate, the president would struggle to convince congress to pass the president’s legislation

Question 70

public approval

Answer 70

• the president’s public approval rating will affect their ability to get things done
• after 9/11, Bush’s approval rating reached 90%, but during his last 3 years in office, his approval rating rarely went about 40%
• a president with a high approval rating has more political clout
• e.g., Bill Clinton’s high approval ratings during 1999 arguably saved him from conviction in the senate during his impeachment trial that year; democrat senators were reluctant to remove from office a president of their own party who was still popular with the electorate
• in the current era of partisanship, there has been a notable widening of the gap in the way americans view their president according to party
• ‘marmite presidency’ - the presidencies of Clinton, GWB, Obama, and Trump have brought us into an era of ‘marmite presidency’, where as far as the individual is concerned, you either love them or you hate them

Question 71

national events

Answer 71

• national events can affect presidential power, enhancing or weaking the president’s position in relation to congress, the states, and the president’s personal approval ratings
• Trump - covid 19 pandemic (negative effect): Trump’s approval rating for his handling of the pandemic plunged to 35%, with 2/3 of Americans thinking the president had acted too slowly and distrusting what he said
• Obama - hurricane sandy 2012 (positive effect): the Obama administration was praised for its swift response, which helped Obama in the presidential race that year

Question 72

powers of the vice president

Answer 72

• presiding officer of the senate (rarely preformed by the VP)
• the power to break a tied vote in the senate (e.g., December 2023 - Harris broke the tie to invoke cloture on the nomination of Loren L. AliKhan to be US district judge for the district of Colombia)
• counting and then announcing the result of the electoral college votes
• the vice president becomes president upon the death, resignation, or removal of the president from office
• to become acting president if the president is declared, or declares himself, disabled (e.g., when Kamala Harris was acting president for 85 minutes on 19th of November)

Question 73

resources of presidential power

Answer 73

• cabinet
• EXOP

Question 74

the cabinet

Answer 74

• biggest difference between US and UK
• has no constitutional status (informal power)
• is a convention
• contains 15 departments (where executive orders come in)
• president does not need to call cabinet meetings, therefore the number is variable
• the president does not need to take cabinet’s advice

Question 75

executive office of the president (EXOP)

Answer 75

• national security council
• office of management and budget
• white house office

Question 76

national security council (EXOP)

Answer 76

• general term for the presidential agencies and staff that provide advice and admin support, comprises of 1,800 people
• provides policy advice, manages the president (e.g., chief of staff), oversees departments , organises relations with congress

Question 77

office of management and budget (EXOP)

Answer 77

• largest office (500 staff)
• only EXOP office whose head needs senate approval
• 2 jobs: advise the president on allocation of funds for the annual budget; to oversee spending in all federal departments and agencies
• critical for the president in achieving their policy agenda
• Mick Mulvaney , head of the OMB in 2017, was instrumental in coordinating Obamacare

Question 78

white house office (EXOP)

Answer 78

• closest aides and advisors in the WHO
• assistants to the president
• chief of staff is the president’s most important advisor
• Trump picked Reince Priebus as chief of staff because he was the chair of the republican national committee, winning favour with senior republicans

Question 79

what is the traditional role of the vice president

Answer 79

• presider officer over the senate-
• power to treat a tie in the senate
• counting and announcing electoral college votes
• the vice president becomes president upon their death, resignation, or removal
• the joint ticket, of a party, presidential candidate chooses up of different demographics/expertise

Question 80

how did dick cheney change the role of the vice president

Answer 80

• he held roles in both the executive and the legislature before being the vice president
• he had significant relationships in republicans - popular, well known, and experienced (especially compared to GWB)
• Bush was a Washington outsider and Cheney was a massive insider
• therefore, Cheney had massive influence

Question 81

the relations between the presidency and other branches of government

Answer 81

• the US constitution divides the power of the federal government between the tree branches, with a system of checks and balances
• this can cause tension between the various branches
• relations between the president and congress will be strongly influenced by the party balance
• at the end of the Obama presidency, he was faced with a hostile republican majority in both houses
• whereas, Trump had a republican rather than democrat majority in both the house of representatives and the senate, which therefore are always more likely to support a republican president
• supreme court justices have no term limit
• justices tend to be classified as either ‘liberal’ or ‘conservative’ and the courts balance between these often determines the extent they support or reject a president

Question 82

imperial presidency

Answer 82

• imperial presidency - 1973 Arthur M. Schlesinger, Jr.
• he argues that modern presidency’ originates in FDR’s ‘new deal’ response to 1930s great depression
• since then, presidents are much more willing to impose themselves on the political environment
• from the 1930s, a broad agreement developed that the federal government would be significant in nation’s economy and the running of welfare state
• however, with foreign policy the president’s role is far more advanced, since the ‘Truman doctrine’ and the US being seen as a ‘world policeman’
• Truman and successors since 1950s have been given free hand issues of national security
• Schlesigner argued it spread to domestic policy - Nixon’s policy to clap down on anti Vietnam protests
• the imperial presidency was essential for the creation of foreign policy - he based the origins in pearl harbour, when FDR broke the congressional conventional ties
• Neustadt - ‘weakness is still what I see - weakness in the sense of a great gap between what is expected of a man and assured capacity to carry through’ (1960s)
• most people say the president is the most powerful office in the world - the founding fathers were against the idea because they did not want the president to be tyrannical

Question 83

evidence for the imperial presidency

Answer 83

• examples of not seeking congressional support
• 50s - Truman sent troops to north korea, no opposition from congress
• 1958 - Eisenhower, 14,000 troops to Lebanon with no congressional authorisation
• 1961 - Kennedy ‘bay of pugs’, no congressional authorisation
• 1962 - congress had no role in cuban missile crisis
• 1964 - congress signed ;gulf of tonkin resolution’, allowed Johnson to ‘take all necessary measures’ in Vietnam
• 1970 - Nixon bombed Cambodia without congress authorisation
• unchecked president and therefore is all powerful
• GWB - foreign policy increases his domestic (only in the first term) - 9/11 and the Iraq war lead to NCLB (domestic)
• in his resignation statement, Nixon stated ‘I no longer have a strong political base in congress’ - this is true as he was impeached, and it was his imperialism that pushed him under

Question 84

imperilled presidency

Answer 84

• however, President Ford coined the phrase ‘imperilled presidency’, Ford also described being a president as ‘impotent’
• he argues that following Nixon’s re election in 1972, the watergate scandal and the vietnam war shook the USA profoundly and in response, congress imposed constraints on the president
• the most notable examples are: Zablocki act (1972) - required the president to inform congress on every foreign policy decision made (executive agreements signed by Nixon rather than treaties); war powers act (1973) - presidents must gain declaration of war or authorisation from congress if troops to be deployed overseas, failing this, deployment is limited to 60 days; budget and impoundment control act (1974) - prevented president impounding funds that had been allocated by congress for a particular purpose (congress reassertion, especially in foreign policy)
• Mervin (1990) - ‘in the wake of watergate and other scandals…imperial presidency gained weight, but the concept is a cliché. its true under Roosevelt in the 1930s at the hight of ww2, he was close to an emperor, but none of his successors got anywhere close’

Question 85

two presidencies/dual presidency

Answer 85

• Aaron Wildavsky coined the phrase the theory of ‘two presidencies’
• he argues that a president is weak with domestic policy and effective with foreign policy
• Wildavsky based his argument on the fact that the constitution divided power over domestic policy between the legislature and executive far more clearly than it did towards foreign affairs
• he states that ‘in congress where you have 535 members foreign policy would be extremely difficult to formulate’
• he also argues congressmen are far more worried about domestic affairs due to the need to be re elected
• with foreign policy, presidents can act quicker, also a lack of interest groups allow presidents - more discretion with decision making
• examples to support: Clinton struggled domestically (healthcare) yet success internationally (Palestine), Bush Snr success in the Gulf War contrast sharply with domestic problems (economy), lost him the 1992 election, GWB could not be reined in on Iraq and became a ‘lame duck’ president at home form 2006 onwards

Question 86

functions of cabinet

Answer 86

• cabinet members are responsible to president leading federal departments
• implement presidents agenda in their specialist area
• appear before congressional committees to represent the president
• attend meetings with the president to give advice
• assist with full cabinet meetings, and help coordinate polict

Question 87

selection of cabinet members

Answer 87

• selected during ‘spoils office’ - november to january (when the president is elected)
• given to people who are loyal to the president
• members of cabinet cannot sit in congress due to separation of powers
• if they accept, they must resign (often they do not want to resign because senators, especially, have a lot of power as they represent a large population and if they step down, they are unlikely to get re elected because of incumbency advantage)
• no shadow cabinet
• cabinet members can come from anywhere
• the president has a free hand

Question 88

cabinet members generally come from

Answer 88

• policy specialist (chosen for expertise)
• conformation by the senate
• cabinet that looks ‘like America’, i.e., ethnic, gender, geography
• cabinet of ‘rivals’, e.g., Obama chose Chuck Hagel as defence secretary and ex repbulican senator in the 2nd term
• generally, presidents do tend to pick allies

Question 89

how important is the cabinet

Answer 89

• cabinet is not fixed
• depends on the personality of the president - are they a washington insider or outsider
• insiders tend to have outsiders on the cabinet
• Kennedy - rarely used it
• GWB - very reliant
• presidents do not tend to trust their cabinet, they have close links to federal departments, congressional committees, and special interest groups
• presidents fear cabinet secretaries going ‘retire’ and captured by iron triangles