3.2 Informal sources of presidential power and their use

Question 1

Define informal powers

Answer 1

• Powers of the president no listed in the Constitution but exercised anyway

Question 2

What sorts of presidential powers can be considered informal?

Answer 2

• Electoral mandate
• Executive orders
• National events
• The Cabinet
• EXOP
• Powers of persuasion

Question 3

General significance of informal powers

Answer 3

• 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

Question 4

President’s electoral mandate

Answer 4

• 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

Question 5

Significance of electoral mandates to a president’s power

Answer 5

• 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

Question 6

What is arguably a more important source of presidential power than their public mandate?

Answer 6

• 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

Question 7

Senate and House control when Clinton was in office - and major issues during his presidency

Answer 7

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

Question 8

Senate and House control when George W. Bush was in office - and major issues during his presidency

Answer 8

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

Question 9

Senate and House control when Obama was in office - and major issues during his presidency

Answer 9

House control:
Democratic 2008-10
Republican 2010-16

Senate:
Democratic 2008-14
Republican 2014-16

Question 10

Executive orders

Answer 10

• 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

Question 11

Examples of executive orders

Answer 11

• 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

Question 12

How can it be argued that the scope of executive orders has changed?

Answer 12

• 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

Question 13

What limitations are there on executive orders?

Answer 13

• 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)

Question 14

How can national events play a significant role on presidential power?

Answer 14

• 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

Question 15

Impact of 9/11 on US politics

Answer 15

• 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

Question 16

Layout of the Cabinet

Answer 16

• Includes the VP and the heads fo 15 executive departments - and Cabinet-level officials such as the chief of staff and head of the Office of Management and Budget
• Members can act as key policy advisers - with senior positions such as secretaries of state and Treasury often having a minor impact on policy

Question 17

Main influence of the cabinet

Answer 17

• Limited number of meetings each year
• Main influence lies w/ key individuals
• E.g. - John Kerry as Secretary of State took a central role in developing foreign policy alongside Obama (worked on the Israeli-Palestine peace accords, having visited 11 times in just over a year in 2013/14 - also took key role on approaches to Syria)