3.2 Informal sources of presidential power Flashcards
7
List informal sources of power of the President
- establish cabinet
- electoral mandate
- executive action
- national events
- power of persuasion
- EXOP
- Vice President’s powers de facto given to President
4
Describe the informal power of electoral mandate
- Idea that the larger the electoral mandate of a President, the greater informal power they have
- Party success in Congress
- Obamacare arguably enabled by substantial victory (53% vs 46%)
- Trump agenda arguably stifled by popular vote loss e.g. building wall
4
List executive actions
- Executive orders
- Executive memorandums
- Presidential proclamations
- Signing statements
3
Describe how executive actions are informal powers
- Article II allows a president ‘executive power’
- Intepreted as being able to organise EXOP and carry out range of ‘executive actions’ (actions President can take without congressional approval)
- Includes executive orders, signing statements and presidential memoranda
4
Describe executive orders
- Directions to federal bureaucracy instructing them how an existing/new law should be carried out
- Can ‘faithfully execute’ laws passed by Congress
- May use executive orders to create policy when Congress refuses to pass a law the President wanted
- recorded in Federal Register
3
Describe limits to executive orders
- Can not use exec orders to create legislation (simply instructions to deparments/agencies regarding the enforcement of legislation)
- Rulings can be easily overturned by congressional legislation, SC ruling, new exec orders (by new Presidents)
- Congress has power to pass appropriation (finance) bills
4
Describe executive memorandums
- A directive issued by the president to manage and govern the actions, practices, and policies of the various departments and agencies found under the executive branch.
- Similar to executive orders but lack formal process (so less prominent)
- Not recorded in Federal Register and not numbered
- e.g. 2021, Biden used memo to secure DACA after Trump tried to end programme in 2017
3
Describe presidential proclamations
- Historically significant though today are mostly ceremonial
- Recorded in Federal Register and numbered
- Unlike exec orders, they give directions to agencies/departments outside executive branch
3
Describe the use of presidential proclamations
- Bush declared ‘National Emergency by Reason of Certain Terrorist Attacks’ in 2001
- Used to fly flags at half mast
- Biden made 194 proclamations in 1st year
5
Describe the signing of statements by Presidents
- Can sign statements when sign bill into law
- Points out positive or negative aspects of bill, even challenging them on constitutional grounds
- e.g. Obama - National Defence Authorisation Act 2011 - spoke of resevrations over Act’s codification of indefnite detention without trial
- Historically rare used, more common since Reagan
- Raises concern about power President has oover legislation
3
Describe the informal power of national events (with examples)
- Positive national circumstances can bolster President’s influence - booming economy under Clinton, 9/11 led to Americans looking to Bush as leader
- Not always guaranteed - Trump had booming economy iin 2018 yet approval ratings declined
- Negative national circumstances can hinder President’s influence - Biden handling over Afghanistan withdrawal
2 + 2
Outline a positive and negative national event (Clinton)
Positive:
* Oklahoma bombing 1995 killed 168
* Clinton used story of Richard Dean, who re-entered building to rescue people, who had been furloughed by 2 government shutdowns to criticse Congressional failings
Negative:
* accused of lying under Oath during 1998 Monica Lewinsky Scanda;
* subject to impeachment and found ‘not guilty’ - though embarrassed him on national stage
2 + 2
Outline a positive and negative national event (Bush)
Positive
* 9/11 saw Bush approval ratings immediately jump from 50% to 85%
* Boosted power after poor election result
Negative
* Hurricane Katrina 2005 in New Orleans
* slow Bush response and inadequate FEMA support embarrassed national headlines
3 + 1
Outline a neutral and positive national event (Obama)
Neutral
* Sandy Hook 2012
* Obama appeared as mourner-in-chief and advanced gun control agenda
* Little action ultimately came as a result
Positive
* Obama used Hurricane Sandy 2012 events to dominate media coverage during 2012 Presidential race
1 + 1
Outline a negative national event (Trump)
Positive
* Initial onset of COVID initially boosted poll ratings from 44% to 49% in March 2020 (though declined shortly afterwards)
Negative
* Hurricane Maria 2017 (Puerto Rico) courted controversy by declaring slow response a ‘great success’
2 + 2
Outline a positive and negative national event (Biden)
Positive
- Ukraine invasion 2022
- Biden used crisis to focus on FP, shape State of Union address and visit Poland for NATO meeting
Negative
- fatal Afghanistan withdrawal 2021
- chaotic events saw Taliban reclaim control which damaged Biden FP
1
Describe the use of executive actions under Biden
- Biden signed 17 executive actions within hours of taking office
2
Give an example of an executive order
- Biden 2021 - Executive Order 13990
- Cancelled Keystone Pipeline and 100 other environmental actions of Trumo
1
Describe the informal power of persuasion
- Power of the President to bargain and persuade those around them in order to achieve policy goals
8
Describe the methods by which the power of persuasion is used
- Appeal morally and directly to Congress
- State of Union address
- ‘Bully pulpit’
- Use personal gravitas by phoning congressional leaders or holding meetings with them (may be delegated to WH Chief of Staff)
- Utilise media pressure
- Offer inducements and compromises
- Use actions of executive branch to get congressional approval
- ‘personality politics’ in US leads to focus on individuals
1
Give an example of a President appealing morally to Congress
- Obama used Rose Garden speech 2013 to convince Congress of need to support military action against Syria
2
Describe the ‘bully pulpit’ (with an example)
- White House provides significant platform for President to exert considerable pressure on lawmakers
- Trump bussed entire Senate to WH in 2017 to explain why a show of strength against North Korea was necessary
1
Give an example of a President using their personal gravitas to persuade Congress
- Trump sent Senior Counselor Kellyanne Conway to speak with Congress whips to get tax bill passed
2
Give an example of a President using the media to persuade Congress
- 2011, Obama asked public to get Congress to raise debt ceilings,
- Led to Speaker Boehner recieving 203 calls in oen day
1
Give an example of a President offering inducments to persuade Congress
- Obama promised no deployment of US soldiers in Syria to gain support for military action
2
Give an example of a President using executive powers to win congressional approval
- Obama deported more people than any other President ro gain trust on immigration issues
- Aimed to win support for his immigration reforms - ultimately failed
3
Describe ‘personality politics’
- Focus on individual rather than party both during election time and legislative sessions
- President offers public support for party Congress members in return for support of legislative agenda
- Boosts re-election chances of Congress member
4
Describe other factors that affect political party policies and ideas other than the presidential ‘power of persuasion’
- Parties create national agenda indepdent of Presidential influence e.g. Contract with America (1994), 6 for 06 (2006)
- Parties cooperate to oppose divisive Presidential policy e.g. Obamacare repeal
- Interest groups (especially PACs and Super-PACs) have greater influence
- Voter attitudes
2
Describe the Contract with America and 6 for 06
- Nationalised policy platforms used in Congressional mid-term elections
- Pedalled by party opposing the incumbent party in the WH
2
How can the President establish a cabinet through their expressed/implied powers
- Article 2 expressly allows President to appoint ‘Officers of the United States’ (cabinet members)
- Power to ‘require the Opinion’ of these offiicals implies power of President to create cabinet
6
Describe the US cabinet’s power and role
- Has no formal power
- Advisory body rather than decision-making body
- President maintains final say over policy (‘first’ rather than ‘first among equals’)
- Ability for members to manage departmental-level policy is crucial for President who is unable to manage so many departments alone
- Undertake work and roles on behalf of President e.g. Mike Pompeo (Sec of State) sent to meet newly-elected Mexico President in 2018 to improve relations
- Settle inter-departmental disputes (esp with Treasury)
7
Describe the membership of the US Cabinet
- President not a member (unlike PM)
- VP (cannot be sacked) + 15 heads of executive departments
- also may commonly include WH Chief of Staff, Ambassador to UN, Director of OMB, etc
- Any position can be filled by anyone (though VP must fit Presidential requirements e.g. US-born) - do not have to be from legislature
- separation of powers if take executive position, must resign legislative/judicial/state position (no dual mandate)
- most positions require senate confirmation
- note: fixed posts are referred to as ‘secretaries’ (or VP) - others are not
3
Describe the President’s selection of the cabinet
- Cabinet members are often policy specialists and lend support to President in policy objectives
- other members up to discretion of President and reflective of policy priorities/national circumstances of time
- Do not regularly include ‘big beasts’ e.g. Bernie Sanders with exceptions (Hilary Clinton in Obama administration)
2
Give an example of the President choosing a cabinet post that represents their personal policy objectives
- Position of Director of the Office of Science and Technology Policy elevated to cabinet level
- Demonstrated importance of science in Biden adminsitration
4
List examples of US cabinet members
- Janet Yellen (Secretary of Treasury) - finance expert
- Merrick Garland (Attorney General) - Chief Justice of the US Court of Appeals for DC Circuit
- Tom Vilsack (Sec of Agriculture) - a former Governor of Iowa, a rural state
- Chuck Hagel (Rep) appointed Secretary of Defence by Obama in 2013
2
Describe an example that shows the lack of CMR over the US Cabinet
- 2014, Hagel described ISIS as ‘imminent threat’ whereas Obama described it as akin to a junior basketball team
- Took months for resignation
3
Give an example of a Cabinet nomination that was rejected
- Bush Sr - John Tower (Sec of Defence)
- Senate rejected 47-53
- conflicts of interets and personal life controversial
4
How common are Cabinet nomination rejections by the Senate?
- Only 9 formal rejections
- None since 1989 (Tower)
- Withdrawals are more common
- e.g. Neera Tanden withdrew as Biden’s Director of OMB nominee over transparency committment as she deleted 1000s of old tweets
3
How does the President create new Federal Executive Departments?
- An Act of Congress
- e.g. Homeland Security Act of 2002 - created Department of Homeland Security
- ‘principal officer’ of each Executive Department in Article II (though not cabinet) - hence why they require Senate approval
2
Describe the diversity of the US cabinet
- Biden cabinet is 45% women, 55% non-white
- Trump had most white-male dominated Cabinet since 1980s (Reagan)
3
How can US cabinet members be sacked?
- Impeachment (simple majority) and removal (2/3 supermajority) by Congress
- Dismissal by President e.g. Rex Tillerson (2018) as Sec of State
- Applies for Secretaries of Executive Departments + other positions - but not VP
3
Describe the frequency of cabinet meeting
- Roughly once a month (rather than once a week by convention in UK)
- Departments are not all in DC e.g. Pentagon in Virginia
- Frequency decline as election campaign gets closer
3
List the different bodies of the Executive Office of the President (EXOP)
- Natonal Security Council (NSC)
- Office of Management and Budget (OMB)
- White House Office (WHO)
4
Describe the National Security Council (NSC)
- Led by NSA (national security advisor)
- help president coordinate FP and security
- should be impartial force (‘honest broker’) to aid decision-making and avoid politicising information
- NSC coordinates information from CIA, State and Defence departments, ambassadors and joint chiefs of staff
3
Describe examples of how the importance of the NSA and NSC differs depending on the President
- Obama had strong-minded Hilary Clinton as Sec of State - NSC was less important
- Michael Flynn forced out as NSA after 23 days (Trump) due to allegations of lying to FBI
- NSC had crucial role in ending Vietnam War when Kissinger served as NSC 1969-75
1
Describe an example of the politicisation of the NSC
- Steve Bannon appointed to NSC Principals Committee
4
Describe the Office of Management and Budget
- Headed by Director of OMB
- Produces President’s budget and ensure policy delivery
- OMB vets all proposed legislation, analyses budget impacts and checks alignment with Presidential proposals
- Therefore plays vital role in advancing Presidential agenda
2
Describe examples of the OMB’s power
- OMB requested over $5bn for Trump wall - led to longest government shutdown
- Important in shaping govenrment intervention in 2008 crash and COVID-Pandemic
1
What is unique about the Director of the OMB?
OMB head requires senate confirmation - one of only EXOP roles requiring such
4
Describe the White House Office (WHO)
- Headed by Chief of Staff
- Contains President’s most trusted advisors
- Acts as communication link between President and large federal bureaucracy
- Contains Press Secretary - most public figure of administration
6
Describe the White House Chief of Staff
- most senior non-elected/senate-appointed official
- highest level of clearance to President
- most access to sensitive information
- controls access to president
- controls President’s diary/agenda
- acts as go-between President and Congress
2
Describe examples of experienced WH Chief of Staffs
- Rahm Emmanuel (Obama) - served as Chair of House Democratic Commitee
- Jeff Zientes (Biden) - served in variety of EXOP roles once serving as Director of OMB under Obama
2
Describe examples where the WH Chief of Staff has been criticised
- Reince Priebus (Trump) - criticised for acting as go-between for President and Republican party, not Congress
- Ron Klain (Biden) - accused of pushing WH policy to left and lack of bipartisanship on COVID-19 relief bill discussions
3
Compare the WHO and Policy Unit
- Both can take more influential role on policy than cabinet
- Less power concentrated within Policy Unit than WHO
- Plays less important role in coordinating department activity in UK, insetad left to Cabinet office
4
List the current heads of EXOP
- WH Chief of Staff - Jeff Zientes
- NSA - Jake Sullivan
- Director of OMB - Shalanda Young
- Bonus: WH Press Secretary - Karine Jean-Pierre
Check nearer exam due to high turnover
2
Describe Biden’s power of persuasion over the current House speaker
- Showed Mike Johnson intelligence briefings to persuade him
- Did not criticse him publically
