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Politics Paper 3 > 3.1 Formal Sources of presidential power > Flashcards

3.1 Formal Sources of presidential power Flashcards

1
Q

4

Describe the Presidency and Constitution

A
  • Outlined in Article 2
  • Intended to prevent overly-powerful leader
  • e.g. age limits, checks and balances, impeachment
  • Subsequent amendments
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2
Q

4

Describe amendments that have affected presidential power

A
  • 12th - refines electoral procedure for Pres and VP to be on same ticket
  • 20th - moves inaugration from 30 March to 20 Jan
  • 22nd - limits Presidents to 2 terms
  • 25th - clarifies line of succession and procedure for incapacitated president
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3
Q

4

Describe the expansion of presidential power

A
  • Vagueness permitted expansion
  • Increasing politicisation of SC
  • Media focus and subsequent impact on Congressional primary elections
  • Supported by federal bureaucracy to carry out large number of roles
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4
Q

3

Describe the federal bureaucracy

A
  • Administrative bodies of US Presidency
  • Consist of departments, agencies and commissions
  • Act under president’s direction
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5
Q

2

Describe the difference between formal and informal powers

A
  • Formal/expressed/enumerated powers are those explicitly listed in constitution
  • Informal/implied powers are those interpreted from constitution
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6
Q

7

List the formal powers of the President

A
  • Propose, sign or veto legislation to Congress
  • Submit annual budget to Congress
  • Nominate federal judges, executive branch officials
  • Act as Chief Executive
  • Act as commander-in-chief
  • Negotiate treaties
  • Pardon felons
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7
Q

4

Describe the President’s role as head of state

A
  • Power of pardon
  • Recieve ambassadors
  • Attends world summits (e.g. G7) on behalf of USA
  • Ceremonial duties (e.g. pardoning of turkey on Thanksgiving)
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8
Q

2 - (2) (3)

Describe the President’s role as head of government

A
  • Serve as chief legislator
    • use executive action to ensure US laws are carried out effectively
    • right to sign or veto legislation
  • Serve as chief executive
    • responsible for organisation of EXOP
    • preside over cabinet
    • president over federal bureaucracy
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9
Q

4

Describe areas of overlap between the President’s role as head of state and government

A
  • Commander in chief
  • Recognise countries
  • State of Union address
  • Make treaties
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10
Q

3

Describe the President’s power to sign a bill

A
  • Bill passed by Congress and given to President
  • Relatively small amount of legislation passes congress each session
  • President often invites media in to showcase achievements
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11
Q

2

Describe examples of media invites to the signing of bills by Presidents

A
  • Infrastructure Investment and Jobs Act 2021 - Biden used opportunity to give speech about bill
  • President Obama had 60 bill-signing ceremonies, fewer than any of his predecessors
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12
Q

4

Describe the President’s power to veto a bill

A
  • Veto normally gives President final say over legislation as veto override is difficult to achieve given hyperpartisanship
  • But President must be wary to not overuse veto - need to cooperate with Congress to get legislative agenda passed
  • Threat of veto can be sufficient
  • Veto override makes President look weak
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13
Q

3

Describe examples of a veto override

A
  • Bush had 4/12 vetoes overriden
  • Trump had 1/10
  • Use of vetoes has declined: Clinton had 36, Obama had 12
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14
Q

3

Describe the State of Union Address’ status as a formal power

A
  • Explicitly written in Constitution
  • Decision on whether to deliver address in written or spoken form is an informal power
  • Every President since Wilson has delivered a spoken congressional address - media attention
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15
Q

2

Describe the State of Union

A
  • Annual legislative request from President to Congress
  • Congress ultimately decides what legislation from bill is passed, amended or rejected
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16
Q

4

What can the State of Union’s success depend on?

A
  • Presidential mandate
  • Timing of electoral cycle
  • Popularity of President
  • Congressional makeup
17
Q

2

Describe a failure in a Trump State of Union address

A
  • Called for Congress to pass $1.5trn infrastructure bill (2018)
  • led to longest Government shutdown resulting from unwilligness to fund border wall
18
Q

2

Describe a success in a Biden State of Union address

A
  • Called for Ukraine funding (2024)
  • $61bn pledged
19
Q

4

Biden 2024 state of union

A
  • Took place 2 days after Super Tuesday
  • Subsequently more akin to a campaign speech
  • Referred to ‘my predecessor’ 13 times
  • 65% of people had positive view of speech and led to high donations
20
Q

4

Describe the President’s formal power to make appointments

A
  • Has power to appoint 4k officials - 1.2k of which require Senate confirmation
  • Simple Senate majority needed for SC justices, cabinet positions, OBM Director
  • e.g. WH Chief of Staff does not require confirmation
  • Recess appointments
21
Q

4

Describe recess appointments

A
  • Temporary appointments made by President
  • Made without Senate approval when it is in recess
  • Expire at next Senate session - have to formally nominate after
  • Prevent President making appointments when Senate is in recess and thereby avoiding scrutiny
22
Q

3

Describe a limit to recess appointments

A
  • NLRB v Canning (2014)
  • invaldiated 3/4 of Obama’s recess appointments when was holding ‘pro forma’ session
  • pro forma - no business officially conducted on these days
23
Q

3

Describe the use of recess appointments over time

A
  • Bush jr made 171
  • Obama made 32
  • Biden - Julie Su (Sec of Labor) recess appointed 2023
24
Q

3

Describe the President’s power to pardon

A
  • President can forgive individual for federal (not state) crime
  • Only thing that can not be pardoned is impeachment (but crime can - a la Nixon pardoned of any crimes)
  • Trump pardoned Steve Bannon (accussed of telling lies in campaign) and Lil Wayne, but not any of Jan 6 insurrectionists
25
Q

3

Describe the President’s power to grant reprieves

A
  • ‘commutations’ - reduce sentence issued for crime
  • Do not alter guilt of indvidual
  • Obama issued 330 commutations to people convicted of drug offences in 2017
26
Q

3

Describe the President’s power to convene special sessions of Congress

A
  • Can call either one or both Houses of Congress back from recess
  • May be used for Cabinet confirmation, Senate ratficiation, international events (e.g. war) or passing domestic legislation
  • Not used since Truman in 1948
27
Q

4

Describe the President’s formal power as Commander in Chief

A
  • Constitutionally head of army
  • Interpretation broadened over time to include air force, marines, space force, nuclear weaponry
  • Military action taken without formal declaration of war (not used since WW2)
  • Troops may be deployed within USA e.g. Trump signed proclomation in 2018 to move troops to US-Mexico border
28
Q

3

Describe the president’s formal power to make treaties

A
  • Holds right to negotiate new treaties
  • Requires 2/3 Senate approval
  • e.g. New Strategic Arms Reduction Treaty (NEW START) 2010 passed by 71-26 vote in Senate
29
Q

2

Describe the president’s informal power to make executive agreements

A
  • Execuitve agreements are similar but do not require Senate approval
  • e.g. Obama - Iran Nuclear Deal and Paris Agreement in 2015
30
Q

3

Describe limits to executive agreements

A
  • Often require congressional approval before they are fully enforceable
  • Usually done through Joint Resolution in Congress
  • Congressional power of purse can be used to control Presidential action
31
Q

3

Describe the President’s formal power to recieve an ambassador

A
  • Decision to recieve or not recieve ambassadors is in effect a declaration of recognition of a nation or indicate willingness for USA to cooperate with them
  • e.g. Obama recognised South Sudan in 2011
  • Trump visit to North Korea gave global recognition to regime

Politics Paper 3 (34 decks)

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