Component 3, Part 1- The Presidency Flashcards
Explain the role the President has as Head of State of the USA.
1) The president has diplomatic and ceremonial duties such as receiving dignitaries and other heads of state, or travelling to other countries to represent the US.
2) President is often the central focus point in times of national crisis and it is common for the president to make speeches or visits in relation to national disasters.
3) Eg: in the aftermath of 9/11, Bush was seen as a symbol of America resolve and pride, taking a strong, tough stance.
What powers does the constitution give to the president?
1) The president has absolute constitutional control of the executive branch.
What are some of the appointments the president has to make to federal posts?
1) Nearly 500 cabinet and sub cabinet posts, subject to senate confirmation.
2) 2,500 additional appointees, mainly within the EXOP.
Posts requiring Senate approval include:
3) Cabinet and junior cabinet posts
4) Ambassadors
5) Agency heads
6) Members of regulatory commissions
7) All federal judges
In what way does the constitution make the powers of the president confusing regarding the military?
1) The constitution makes the president the commander in chief of the armed forces, giving the president power to direct the military during times of war.
2) There is a lack of clarity in the constitution, since Congress is given the power to declare war, leading to major conflict over who has the right to initiate military action.
In what way does the constitution make the powers of the president confusing regarding the military?
1) The constitution makes the president the commander in chief of the armed forces, giving the president power to direct the military during times of war.
2) There is a lack of clarity in the constitution, since Congress is given the power to declare war, leading to major conflict over who has the right to initiate military action.
What are some of the informal sources of power the president holds?
1) Electoral mandate
2) Executive orders
3) National events
4) The Cabinet
5) EXOP
6) Persuasion of powers
What is an electoral mandate?
1) The permission granted to a political leader or winning party to govern and act on their behalf.
2) The mandate is more or less in effect for as long as the government is in power.
How can an electoral mandate affect the president?
1) Some presidents are elected on a strong wave of support in which they outline a clear policy vision. Most presidents achieve their most important goals while their mandate is fresh
Provide the political context of Obama’s and Trump’s tenures:
1) Mandate
2) House control
3) Senate control
4) Major issues
Obama:
1) 52.9% popular & 365/538 ECV
2) House control: Democrat 2008-10, Republican 2010-16.
3) Senate control: Democrat 2008-14, Republican 2014-16.
4) Major issues: Health care reform, Osama bin Laden, budget crisis and government shutdown.
Trump:
1) 46% popular & 304/538 ECV
2) House control: Republican 2017-19, Democrat 2019-21.
3) Senate Control: Republican 2017-2021.
4) Major issues: ‘the wall’ and immigration, Russia connections, Trillion dollar infrastructure plan, repealing Affordable Health Care
What is an executive order? Provide a few examples of when Biden has used them.
1) Where the president can create a legal order without a vote in congress, then use it to direct the executive branch in carrying out policies.
2) Biden passed an executive order on ‘Reducing Gun Violence and Making Our Communities Safer’ on March 14th 2023 and passed an Executive order on ‘Prohibition on Use by the United States Government of Commercial Spyware that Poses Risks to National Security’ on March 27th 2023.
What are some of the limitations to executive orders?
1) The 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.
2) There can be strong public and congressional outcry, and presidents have to be mindful of their popularity if they are to maintain power. Excessive use of executive orders may actually undermine a president’s ability to make deals with congress.
What effects can national disasters have on presidential power?
1) Can reduce the time the president has to devote to other policies and have an impact on public opinion.
2) Obama was almost blown off course in his bid to pass his flagship health care policy by the 2008 financial crash meant that he had to prioritise an economic stimulus package, steering this through congress before he could push his initial agenda.
3) After 9/11 Bush’s power surged dramatically, and in the following years he was able to exert huge control over both domestic politics and foreign policy
Who does the cabinet consist of? How much power does it have?
1) Cabinet includes the vice president and the heads of 15 executive departments, as well as Cabinet-level officials such as the chief of staff and the head of the Office of Management and Budget.
2) As a collective group Cabinet has limited power, but can play an important role in helping the president to make and execute policy. It also has no constitutional status that would allow it to control policy and it cannot claim any kind of national mandate with a right to govern.
What powers does the vice president have?
1) Their main power lies with their ability to influence presidential thinking.
2) The last 3 VP’s: Pence, Biden and Cheney have all been seen as influential members of the president’s inner circle.
What are powers of persuasion?
What did Richard Neustadt say about the power to persuade?
1) Informal power of the president to use the prestige of their job and other bargaining methods to get people to do as they wish.
2) Neustadt suggested that ‘presidential power is the power to persuade’, suggesting that the president has extremely limited constitutional power to enforce political change, unlike Prime Ministers in European democracies or dictatorships.
What is the EXOP? When was the EXOP founded and why? Who would you normally find in the EXOP?
1) EXOP= The Executive Office of the President.
2) Founded in 1939 when the Brownlow Committee reported that the president was seriously understaffed and needed substantial administrative support.
3) You would normally find the president’s closest advisors in the EXOP.
What are the roles of the Executive Office of the President?
1) Policy advice: Consists of presidential agencies that provide help, advice, coordination and administrative support. Eg: NSC helps the president consider national security and foreign policy matters.
2) Manage the president: the chief of staff oversees the actions of the White House staff and managed the president’s schedule, deciding who can meet the president and what policies to prioritise. Often called ‘the lightning conductor’.
3) Oversee departments: Senior members often charged with taking control of Cabinet and governmental departments to make sure they follow presidential priorities.
4) Relations with Congress: Specialist advice and support in dealing with congress vital in the president’s success in achieving policy goals.
When was the National Security Council established and what does it do?
1) Established in 1947 at the beginning of the Cold War.
2) It is the principle body advising the president on national security and foreign policy issue.
3) The NSC briefs the president daily, and consults the national security advisor over major security issues.
Does the president have to listen to the National Security Council?
1) The president can bypass or ignore them.
2) Trump was heavily criticised for the politicisation of this office.
1) What are the two main functions of the Office of Management and Budget (OMD)?
2) What is its importance?
1) - To advise the president on the allocation of funds for the annual budget.
- To oversee spending in all federal departments and agencies.
2) Makes macro-economic decisions that affect the future development of the US economy and prepares the annual budget.
What is the importance of the White House Office?
1) Includes the president’s closest advisors.
2) They are the connection between presidential advisers, cabinet officers and the president.
What are the two main methods of organisation that presidents use for the functioning of the White House?
1) ‘Spokes in a wheel’ - where the president acts as the hub and advisors and cabinet officials are the spokes. Typified the Clinton presidency since he could take a hands-on approach and have greater control over policy.
2) Pyramid system - hierarchical system with the president at the top where only a few advisers have direct access to the president. Obama used this model
Provide some examples of clashes between Obama and Congress on domestic and foreign affairs.
1) Domestic Affairs:
- Affordable Cart Act 2010.
- Stimulus package 2009.
- Garland nomination 2016
- Gun Regulation 2013.
2) Foreign Affairs:
- Afghanistan surge 2009.
- Iran deal 2015
- Russia treaty 2010
- Defence budget 2015.
How can the relationship between the presidency and Congress can be examined?
3 areas:
1) The separation of powers and presidential-congressional relations.
2) Agenda-setting and legislation.
3) Votes and vetoes.
How does the separation of powers limit the president?
1) President and congress receive separate mandates. Both branches feel that they have the right to govern, which means that Congress is likely to be an active legislative branch unwilling to respond to presidential demands. Indeed, Congress can often claim a stronger mandate.
2) President has limited patronage power over individual members of Congress. Since the branches are kept separate, the president does not work alongside a team within Congress, so cannot regularly promote or demote them.
3) There is a possibility of bipartisan control or divided government between president and congress. It is common for the president to be controlled by one party while at least one chamber of Congress is controlled by the other, creating the likelihood of conflicting agendas
What does agenda-setting allow the president to do?
1) Allows him to act as the driving force of US politics, re-enforced by the president’s position as both head of state and head of government.
2) The president can dominate the agenda of US politics and can further influence legislation through veto power.
In what ways is the president not all-powerful in setting the political agenda?
1) Congress is the sole legislative body with a mandate of its own, so it can set a national agenda.
2) Once legislation is underway, Congress can shape legislation in a way that a president cannot.
3) Congress amends legislation put before it, and can alter presidential proposals.
What is the president’s only formal power over the Supreme Court? What is a limitation to this power though?
1) Nominations at the time of vacancy, which gives the president influence over the ideological balance of the court.
2) Most presidential appointments make little or no difference to the overall ideological balance of the Court.
What is the role of the presidency in the relation to the SC?
1) To defend the law and constitution which means executing Supreme Court decisions
When have presidents given a hostile response to the SC or even challenged the legitimacy of a court ruling?
1) Obama criticised the Court for its Citizens United ruling.
2) Trump attacked the judge who halted his immigration ban in 2017, referring to Judge Robart as a ‘so called judge’
What are 4 factors affecting presidential power?
1) Presidential popularity.
2) Mid term elections.
3) Events.
4) Presidential election cycles and the lame duck
How does presidential popularity affect the power of the president?
1) A well supported president likely to receive less resistance from Congress.
How can events affect the power of the president?
1) A president can be affected by major events that they may be unable to control.
2) Natural disasters, acts of terrorism, war and economic crisis have all affected presidential power.
3) Eg: Bush experienced huge increase in his power after 9/11, but his power was reduced after the Iraq war.
How can mid term elections affect the power of the president?
1) Congressional elections in the middle of a president’s term typically bring defeat to the president’s party.
2) As a result, presidents often experience a decline in power mid-way through their term.
How does a lame duck presidency affect the power of the president?
1) With presidents being elected in November but replacing the incumbent president until January, the president in office finds it hard to achieve policy goals.
2) The term ‘lame duck presidency’ has been applied to the period before the election.
What is judicial review?
1) The ability of the Supreme court to review the actions or laws of any other body (including the president, Congress and state) and overturn those actions if they break the constitution.
What were some of the key policy aims of Bush’s presidency? (3)
1) Major tax cuts, led to to tax reductions for the wealthy.
2) 9/11 and war on terror. Helped to increase his power hugely. Led to huge increases in federal expenditure as well.
3) Commitment to public education. Bush passed the No Child Left Behind Act, imposing federal standards of education on states.
What were some of the key policy promises of Obama and the extent of their success? (3)
1) Introduce health insurance for all (2008): partially achieved with the passing of the Affordable Care Act, but he dropped his desire for a federal health insurance company.
2) Remove US troops from Iraq and increase US involvement in Afghan (2008) : largely achieved with troops being removed from Iraq, and Congress agreeing to a troop surge in Afghanistan in Obama’s first term.
3) Stimulus package for the economy (2008): Achieved with legislation being passed in 2009 that led to additional spending of over $780 billion.
1) What does the term ‘imperial presidency’ mean?
2) Who used the term?
1) Where the president stretches the Constitution in the exercise of constitutional roles and may ignore the wishes of Congress
2) Term used by Arthur Shclesinger in 1973 when he attacked what he viewed as the unconstitutional extension of executive power under Nixon
What is a signing statement?
Provide evidence of it being used
What are its limits?
1) A statement written and signed by the president at the same time as a signing a piece of legislation.
2) Eg: 2014, Obama signed the National Defence Authorisation Act which containing a clause requiring the defence secretary to notify congressional committees at least 30 days before moving someone from Guantanamo Bay. Obama issued a signing statement rejecting congressional authority here.
3) Weakness: president can issue such words but may fins it difficult to actually bring about any change
What is an Executive Agreement?
Provide evidence of it being used.
What are its limits?
1) A piece of constitutional magic conjured up by the president making an agreement with another nation, does not need senate ratification.
2) Eg: Obama’s deal with Iran in 2015.
3) Limits: an executive agreement is only an agreement with the incumbent president, not with the US government in general.
What are unilateral war powers?
Provide evidence of it being used.
What are its limits?
1) Where presidents have made military decisions without consulting congress.
2) Eg: 2011 Libya when Obama ordered air strikes helping to destabilise the Libyan government.
What is an imperilled presidency?
1) A presidency where the presidency does not have enough power to be effective, particularly because of complexity or direct resistance in the executive branch
How does the constitution give the president power over controlling foreign policy?
1) Commander in chief role gives the president huge constitutional power and authority over military policy. Eg: Obama and Libya 2011
2) Presidents position as head of state and chief diplomat allows them, rather than congress to conduct foreign relations with other nations,
3) Executive agreements can bypass traditional constitutional restrictions.
How does the constitution limit the presidency’s power over controlling foreign policy?
1) Congress has the power to declare war, which has led to questions over who has the right to initiate military action.
2) Congress also has funding power, which it can use to control military action.
3) Senate has power to ratify treaties. 1999, Senate defended the Comprehensive Test Ban Treaty on Nuclear Weapons.
What political advantages does the president have over controlling foreign policy?
1) With a national mandate, the president is best placed to make decisions for the USA as a whole.
2) Congress has received criticism for trying to usurp traditional presidential powers. Eg: Nancy Pelosi criticised for her dicision to visit Syria in 2007.
How can political factors limit the president’s ability to control foreign policy?
1) Congress may feel that it has a legitimate right to determine US foreign policy as an elected body.
What practical advantages does the president have over controlling foreign policy?
1) Changes in technology have altered the power relationship between the president and congress.
2) Nuclear weapons, fighter jets, drone strikes, satellites and computer tech all require decisions to be made with greater speed.
3) Rise of the EXOP and the National Security Council gives the president an advantage over Congress.
4) Congress often in a position where it has to trust the president. Eg: despite Hillary Clinton being sceptical for the case of the Iraq war, she still voted in favour of it.
How can practical factors limit the president’s ability to control foreign policy?
1) Depends on the type of foreign policy being conducted.
2) President cannot claim the need for speed and secrecy in all cases.
3) Congress has its own expertise in foreign affairs, which helps it question the authority of the president.
