Chapter 12: The Presidency Flashcards
Why do presidents matter?
Their actions have profound consequences for the nation, in both domestic and foreign policy
Where do presidents get their power from?
constitutional authority, statutory authority, and ambiguities that enable unilateral action
Why has presidential power increased over time?
Not because of changes in the Constitution, but because of America’s growth as a nation, its emergence as a dominant actor in international politics, the expansion of federal government, and various acts of legislation that have given new authority to the president
There are sharp limits to presidential power. What are they, in general terms?
Presidents are often forced to compromise or abandon their plans in the face of public, congressional, or foreign opposition
True or false: presidential power has grown over time as the federal government has expanded
True
Franklin D. Roosevelt’s New Deal reform programs (1933)
Created many federal agencies that helped individual Americans and imposed many new corporate regulations. Intended to guard against an economic disaster like the Great Depression ever recurring. Some New Deal programs still exist today
True or false: presidents are often constrained by circumstances
True
Many of the problems past presidents faced were totally unanticipated or had no good solutions. Other times, attempts to address national needs failed because of congressional resistance
Constitutional authority
powers derived from provisions of the Constitution
Statutory authority
powers derived from laws enacted by Congress
Can some presidential powers derive from a combination of constitutional and statutory authority?
YES
Ex.
-implementation of laws (“faithful execution”)
-nominations and appointments to executive and judiciary branches
-negotiation of treaties and executive agreements
Vesting clause
Article II, Section 1, of the Constitution, which states: “The executive Power shall be vested in a President of the United States of America,” making the president both the head of government and the head of state
Head of government
means president is leader of the executive branch
Head of state
president represents the country symbolically and politically
Faithful execution clause
Article II, Section 3 of the Constitution, which states: “he shall take Care that the Laws be faithfully executed,” meaning the president is in charge of the implementation of laws
How does the president implement laws?
they use judgement to translate legislative goals into programs, budgets, and regulations
Who can president appoint?
- Executive Branch Officials
-Cabinet Members (e.g., Secretary of State, Secretary of Defense)
-Ambassadors to foreign countries
-Heads of federal agencies (e.g., FBI Director, EPA Administrator)
-White House Staff (e.g., Chief of Staff). does NOT need Senate confirmation - Federal Judges & Justices
-Supreme Court Justices
-Federal Appeals Court Judges
-District Court Judges - Military & Law Enforcement Officials
-Generals and Admirals in the armed forces
-U.S. Marshals
-U.S. Attorneys - Independent Agencies & Commissions
-Chairpersons & members of regulatory agencies (e.g., Federal Reserve, FCC, SEC)
True or false: the president can appoint individuals to about 8,000 positions, ranging from high-profile jobs such as secretary of state to mundane administrative and secretarial positions
True. About 1,200 of these appointments (generally high-level positions such as cabinet secretaries) require Senate confirmation
Appointed individuals (appointees to executive departments and the EOP) serve “at the pleasure of the president,” so can the president remove them from their positions whenever they like?
Yes
Supreme Court justices have lifetime appointments. What does this mean?
they serve for life (even after the president’s term ends) unless they choose to retire, resign, or are impeached by Congress (very rare). President cannot fire them
Recess appointment
when a person is chosen by the president to fill a position, such as an ambassador or head of a department, while the senate is in recess (adjourned for more than 3 days), thereby bypassing senate approval
unless approved by a subsequent senate vote, recess appointees serve only until the next congressional session
True or false: all presidents make recess appointments, but typically for relatively minor offices and for noncontroversial nominees
True. In any case, the Senate can (and sometimes does) eliminate the possibility of recess appointments by holding brief working session as often as needed to ensure that no recess lasts more than 3 days
Executive order
proclamations made by the president that change government policy without congressional approval
Are executive orders always used to directly change policy?
NO; they are sometimes used to signal intentions instead (outlining president’s stance on an issue or indicating that a future policy change is likely so agencies & Congress can prepare)
When do presidents use executive orders and other directives?
When they know they cannot secure congressional support for the policy changes they want to implement (like in divided government). While members of Congress can overrule the president (by passing a law that overturns the executive order), they may be too busy with other matters to do so, or simply not care enough about the change to take the steps needed to undo it
Who is commander in chief of America’s military forces according to the Constitution? Who has the power to declare war?
president; Congress
The Constitution doesn’t specify which branch of government is in charge of the military, so, how does control over the military work in practice?
president controls day-to-day military operations through the Department of Defense and has the power to order troops into action without explicit congressional approval
War Powers Resolution of 1973
restrains presidential war-making power
Does Congress or the president have treaty-making power?
BOTH
presidents and their staff negotiate treaties, which are then sent to the Senate for approval
What is the president’s first-mover advantage in the treaty-making process?
Congress considers treaties only after negotiations have ended; there is no way for members of Congress to force the president to negotiate a treaty or limit its scope
still, the need for congressional approval often leads presidents to take account of senators’ preferences when negotiating treaties
Presidents have 2 strategies for avoiding a congressional treaty vote. What are they?
- announce that the United States will voluntarily abide by a treaty without ratifying it
- structure a deal as an executive agreement
Executive agreement
an agreement between the executive branch and a foreign government, which acts as a treaty but does not require Senate approval
Does the president serve as the principal representative of the U.S. in foreign affairs other than treaty negotiations?
YES
State of the Union address
an annual speech in which the president addresses Congress to report on the condition of the country and to recommend policies
How is lawmaking a shared power between the president and Congress?
president recommends policies/legislative priorities to Congress (ex. State of the Union address), president lobbies Congress members to support their proposals. president can also veto legislation
The Constitution gives the president the authority to pardon people convicted of federal crimes or to commute (reduce) their sentences. What is the only limit to this power?
president cannot pardon anyone who has been impeached or convicted by Congress
ex. if president is impeached, he can neither pardon himself nor be pardoned when the VP becomes president
Executive privilege
the right of the president to keep executive branch conversations and correspondence confidential from the legislative and judicial branches
not formally set out in Constitution or a statute (so parameters are vague) but is claimed by all presidents
ex. Watergate
Can executive orders and executive agreements be repealed by the next president?
YES
Executive Office of the President (EOP)
the group of policy-related offices that serve as support staff to the president. help bring information to the president and achieve their policy goals
About 1/3 of EOP employees are concentrated in which two offices?
- Office of Management and Budget
-develops president’s budget proposals, monitors spending by gov agencies - Office of the United States Trade Representative
-negotiates trade agreements with other nations
Chief of staff
manages all aspects of White House operations and “who gets to play tennis on the White House courts”
serves as an agent to the president - what matters is what the president wants, not a chief of staff’s policy preferences
True or false: most EOP members are presidential appointees who retain their positions only as long as the president who appointed them remains in office
True, but some EOP offices have permanent positions
members are often drawn to government service out of loyalty to the president or shared policy goals
Vice president responsibilities as set out in the Constitution
preside over Senate proceedings, cast tie-breaking votes in Senate, become president if current president cannot anymore
True or false: while many people perceive the vice president’s position to be ceremonial and relatively powerless, recently the vice president’s role has expanded significantly
True
The president’s Cabinet
group of the 15 executive department heads, along with other appointees given cabinet rank by the president, who implement the president’s agenda in their respective positions
How are Cabinet members chosen?
combination of loyalty to the president and expertise
Presidents get their power partially from more informal aspects of their office, such as their influence at all points of the legislative process. What are some examples of this?
-offering small inducements like campaign assistance
-drawing on natural respect that most people, including Congress members, feel for the presidency regardless of who holds it
Unilateral action
any policy decision made and acted upon by the president and their staff without explicit consent from Congress. can still be overturned by congressional majorities
over time, presidents have used their interpretation of vague constitutional powers to expand the scope of unilateral action
Examples of unilateral action
executive orders, executive agreements, military action
Is unilateral military action legal?
it is not explicitly prohibited, but its legality depends on the circumstances and interpretation of constitutional powers
How come presidents can take unilateral action despite congressional opposition, knowing that their actions stand little chance of being reversed?
Congress can, in theory, undo unilateral actions through legislation, court proceedings, or impeachment, but the costs of doing so, in terms of time, effort, and public perceptions, are often prohibitive
TL;DR—Congress may complain about presidential actions but do nothing to counter them
Unitary executive theory
the idea that the vesting clause of the Constitution gives the president the authority to issue orders and policy directives that cannot be undone by Congress
By virtue of their control over the executive branch, presidents can sometimes shape policy outcomes by influencing how a law is implemented. Is this legal?
Yes. while unilateral, it is legal
Signing statements
a document issued by the president when signing a bill into law explaining the president’s interpretation of the law, which often differs from the interpretation of Congress, in an attempt to influence how the law will be implemented
True or false: impeachment is at best of limited use in curbing unilateral action by a president
True; is a lengthy, extreme process and requires significant political consensus
Why is the presidency an inherently political office?
aside from unilateral action, the reality of presidential power is that much of what presidents do (or want to do) requires support from others, including legislators, bureaucrats, and citizens
Presidential approval rating
the percentage of Americans who think the president is doing a good job in office
important to presidents because they want to get reelected
True or false: the president is the unofficial head of the president’s political party and generally picks the party’s day-to-day leaders (or at least has considerable influence over their selection)
True
How does the connection between the president and their party reflect their intertwining interests?
president needs support from members of their party in Congress to enact legislation
party and its candidates need the president to have policy achievements that reflect well on the organization. also need them to help raise funds for next election
Going public
a president’s use of speeches and other public communications to appeal directly to citizens about issues the president would like the House and Senate to act on
What is going public designed to do?
designed partly to persuade and partly to motivate the president’s supporters, in hope that they will pressure Congress members to support the president’s requests
Why is going public often ineffectual or even counterproductive?
-may deepen existing conflicts by energizing opponents
-public opinion is difficult to shape: most Americans ignore or reject attempts to go public
Why are presidents constrained by the era in which they govern?
some presidents take office when public opinion is strongly behind their agenda but others hold office when public opinion is not supportive of significant policy change
