3.2 Informal sources of presidential power and their use Flashcards
Define informal powers
- Powers of the president no listed in the Constitution but exercised anyway
What sorts of presidential powers can be considered informal?
- Electoral mandate
- Executive orders
- National events
- The Cabinet
- EXOP
- Powers of persuasion
General significance of informal powers
- Some are as important as, or even more important than, the powers delineated in the Constitution
- The sources of informal power change over time - can result in dramatic fluctuations in presidential power within and between presidencies
President’s electoral mandate
- Permission granted to a political leader or winning party to govern and act on their behalf - the mandate is more or less in effect for as long as the govt is in power
Significance of electoral mandates to a president’s power
- Are elected on a strong wave of support - most presidents can achieve key goals in the first 2 yrs in office (while their mandate is fresh)
- Presidential success rates typically fall as the term progresses - partly as the president moves further from their original mandate
- E.g. - Obama achieved some of his most important policy goals in his first 2 yrs - such as the budget stimulus, health care reform and beginning the process of moving troops from Iraq
What is arguably a more important source of presidential power than their public mandate?
- The nature of partisan control
- Armed w/ a majority in Congress - president likely to be able to overcome limits to their mandate
- Party majority will have a larger impact on their power
Senate and House control when Clinton was in office - and major issues during his presidency
House:
Democratic 1992-94
Republican 1994-2000
Senate:
Democratic 1992-94
Republican 1994-2000
Issues:
- Oklahoma bombing
- Balanced budget politics and govt shutdown
- Monica Lewinsky scandal
- Failed attempts at health care reform
Senate and House control when George W. Bush was in office - and major issues during his presidency
House:
Republican 2000-06
Democratic 2006-08
Senate:
2000-06
2006-08
Issues:
- 9/11 and the ‘war on terror’
- Iraq and Afghanistan Wars
- Hurricane Katrina
- Banking crisis
Senate and House control when Obama was in office - and major issues during his presidency
House control:
Democratic 2008-10
Republican 2010-16
Senate:
Democratic 2008-14
Republican 2014-16
Executive orders
- President can create legal order without vote in Congress - use it to direct the executive branch in carrying out policies
- Many of these orders can be traced directly to an Act of Congress - with the president issuing instructions to ensure they are carried out
In theory - a legitimate tool under the Constitution and many executive orders are uncontroversial
Examples of executive orders
- Obama issued an executive order to create the White House Council on Native American Affairs
- Bush refused congressional pressure to end certain interrogation methods - but Obama swiftly achieved a key policy goal, issuing an executive order to stop CIA operatives carrying what he saw as methods of torture as one of his first presidential acts
How can it be argued that the scope of executive orders has changed?
- If issuing an order is seen as identical to making a new policy or law, then constitutionally Congress could have the right to vote on the proposal
What limitations are there on executive orders?
- President has to show that their use is directing the executive branch in a manner that does not fall under the legislative role of Congress (can be reviewed by the courts)
- Vast majority remain intact - but some are blocked -
- Can be strong public and congressional outcry - presidents have to be mindful of their popularity if they are to maintain power (excessive use of them may undermine a their ability to make deals w/ Congress)
How can national events play a significant role on presidential power?
- Especially natural disasters (e.g. Hurricane Katrina), economic crises (e.g. 2008-09 crash) and terrorist attacks (e.g. 9/11)
- Can reduce the time the president has to devote to other policies - and can impact public opinion
- If president or their policies are popular - Congress likely to show more deference to the president
- Obama - almost blown off course in bid to pass his flagship health care policy
- 2008 banking crisis and economic collapse - meant Obama had to prioritise an economic stimulus package - had to steer through Congress
- Opposition to health care policy increased - forced Obama to water it down
Impact of 9/11 on US politics
- Profound effect
- Bush’s power surged dramatically - unity of public support increased
- Rise in patriotism - a spirit of unity dampened any Democrat opposition to the president
- Bush able to exert huge control over both domestic politics and foreign policy, in following years
- Knock-on effect of allowing the Republican Party to take control of both chambers of Congress in the 2002 mid-terms