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