Chapter 10: Congressional Oversight and the Executive Branches role in Policymaking Flashcards
To override a veto
“Shall be reposed by 2/3rds of the senate and House of Representatives
Because vetoes are so difficult to override
In Woodrow Wilson’s words a veto transforms the president into “third branch of the legislature”
Presidential veto
Nearly impossible to override because the president usually attracts enough of their supporters in Congress to prevent a congressional override
Congress managed to override veto only 4.3 % of the time
No president since Thomas Jefferson has
Served two full terms without vetoing a bill
A veto threat
Creates incentive for congress to accept presidential input
Congress will sometimes try to dissuade the president from vetoing provisions the president dislikes
By adding them to must pass legislation such as appropriations bills or to measures the president strongly favors
President achieve a nearly how much success rate on provisions they threaten to veto
60%
Presidential powers in the legislative executive relationship / tools of presidential power
- Executive orders
- Veto
- Signing statements
- Patronage
Despite the presidents limited powers specified in the constitution
The president has come to be known as the chief legislator
Key Tools of Presidential Power
- Veto Power
- Executive orders
- executive agreements
- signing statements
- emergency declarations under the NEA
- commander in Chief war powers
- tariff - issuing power under trade laws
- “Power to persuade” or “bully pulpit”
Executive Orders
- issued by the president
- must be based on constitutional poet delegated by congress
- cannot directly contradict existing law (unless President’s constitutional authority supersedes)
- has the force effect of law
- subject to judicial review, and Congress could overturn any delegation of power by statute
Executive orders and agreements
Can be undone easily by next president / administration I.e. Paris Climate Accords
Executive Agreements
- issued by President, no involvement by Congress
- Avoids the supermajority requirement for treaty ratification
- Must be based on constitutional power, existing treaty, and require only existing law to implement
Executive agreements (book definition)
Presidents can negotiate executive agreements with other countries allowing them to circumvent treaty process and unilaterally commit the US to international deals on trade, environmental standards, immigration, etc.
Line item veto
Allowed president to selectively veto parts of a bill
Ruled unconstitutional in 1998 because it gave President “unilateral authority to change the text of duly enacted statutes”
