3.1 Formal Sources of presidential power Flashcards
4
Describe the Presidency and Constitution
- Outlined in Article 2
- Intended to prevent overly-powerful leader
- e.g. age limits, checks and balances, impeachment
- Subsequent amendments
4
Describe amendments that have affected presidential power
- 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
4
Describe the expansion of presidential power
- 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
3
Describe the federal bureaucracy
- Administrative bodies of US Presidency
- Consist of departments, agencies and commissions
- Act under president’s direction
2
Describe the difference between formal and informal powers
- Formal/expressed/enumerated powers are those explicitly listed in constitution
- Informal/implied powers are those interpreted from constitution
7
List the formal powers of the President
- 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
4
Describe the President’s role as head of state
- Power of pardon
- Recieve ambassadors
- Attends world summits (e.g. G7) on behalf of USA
- Ceremonial duties (e.g. pardoning of turkey on Thanksgiving)
2 - (2) (3)
Describe the President’s role as head of government
- 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
4
Describe areas of overlap between the President’s role as head of state and government
- Commander in chief
- Recognise countries
- State of Union address
- Make treaties
3
Describe the President’s power to sign a bill
- 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
2
Describe examples of media invites to the signing of bills by Presidents
- 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
4
Describe the President’s power to veto a bill
- 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
3
Describe examples of a veto override
- Bush had 4/12 vetoes overriden
- Trump had 1/10
- Use of vetoes has declined: Clinton had 36, Obama had 12
3
Describe the State of Union Address’ status as a formal power
- 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
2
Describe the State of Union
- Annual legislative request from President to Congress
- Congress ultimately decides what legislation from bill is passed, amended or rejected
4
What can the State of Union’s success depend on?
- Presidential mandate
- Timing of electoral cycle
- Popularity of President
- Congressional makeup
2
Describe a failure in a Trump State of Union address
- Called for Congress to pass $1.5trn infrastructure bill (2018)
- led to longest Government shutdown resulting from unwilligness to fund border wall
2
Describe a success in a Biden State of Union address
- Called for Ukraine funding (2024)
- $61bn pledged
4
Biden 2024 state of union
- 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
4
Describe the President’s formal power to make appointments
- 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
4
Describe recess appointments
- 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
3
Describe a limit to recess appointments
- 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
3
Describe the use of recess appointments over time
- Bush jr made 171
- Obama made 32
- Biden - Julie Su (Sec of Labor) recess appointed 2023
3
Describe the President’s power to pardon
- 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
3
Describe the President’s power to grant reprieves
- ‘commutations’ - reduce sentence issued for crime
- Do not alter guilt of indvidual
- Obama issued 330 commutations to people convicted of drug offences in 2017
3
Describe the President’s power to convene special sessions of Congress
- 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
4
Describe the President’s formal power as Commander in Chief
- 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
3
Describe the president’s formal power to make treaties
- 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
2
Describe the president’s informal power to make executive agreements
- Execuitve agreements are similar but do not require Senate approval
- e.g. Obama - Iran Nuclear Deal and Paris Agreement in 2015
3
Describe limits to executive agreements
- 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
3
Describe the President’s formal power to recieve an ambassador
- 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
