ETVT the president can get their way in congress Flashcards
Power of persuasion means they can
Presidents can use the power of persuasion in order to get their way in congress, even when congress is heavily divided or controlled by a opposing party.
Obama key piece of legislation ACA 2010 was passed in the senate after significant negotiation with democrats in the senate, he learnt from the mistakes of Clinton and dropped the most radical elements of his reforms to ensure support of the most conservative of democrats. Bush was able to persuade both democrats and Republicans to support his No child left behind act 2002, which passed 91-8, democrats controlled the senate.
Biden reached out to all sections of his party who then rallied around the American Rescue plan 2021, a $1.9 trillion economic stimulus in the wake of the Covid-19 pandemic.
Obama succeeded in persuading congress to pass extreme and far-reaching financial reform under the DODD-Frank act, in the wake of the 2008 financial crisis.
Powers of pursusion means they cant
The presidents power of persuasion – Richard Neustadt, persuade congress to implement legislative agenda. However congress has become increasingly partisan and when a opposing party controls either house of congress the powers of persuasion become less useful.
Even if the president’s party controls both houses powers of persuasion if weak mean that they fail to get their way in congress, this is a common occurrence with most presidents.
Biden and Joe Manchin, Build Back Better Act 2021, passed in the House, Joe Manchin publicly pulled his support. Obama was unable to persuade congress to introduce gun controls after Sandy Hook school shooting, Assault weapons ban 2013, 15 Democrats voted against the bill. Trump 2018 government shutdown, failed to persuade the house to agree on appropriations bill that includes $5.6 billion of new funding for the US-Mexico border wall. Republicans controlled both houses.
Congress has become increasingly divided and between 1993 and 2022 the presidency and both houses of congress were controlled by the same party for only 10 out of the 30 years, for example during Bill Clintons presidency the Republicans controlled both houses for half his time in office, between 1997 and 2000.
Obamas policy to provide legal residency to thousands of young undocumented immigrants, called the DREAM act 2010, he failed to persuade republicans to pass his bill in the senate, and democrats failed to break the 60-vote threshold to end the filibuster in the senate.
Clintons proposed healthcare reforms were far too divisive, there was extensive disagreements over the bureaucracy required to run such system as well as the costs for small businesses, there was no consensus between democrats and he failed to persuade them to implement his ideas.
Constitutional limits
Congress has a number of powers handed to it by the constitution that it can use to check the president, for example a veto override, ratification of treaties and appointments.
Firstly, congress can override a presidential veto, for example in 2016 President Obama attempted to veto the Justice against sponsors of terrorism act, he believed that it would be ‘detrimental to the US interests’, although his Veto was overridden in the senate and house, 97-1 in the senate. The bill passed into law.
Treaties must be ratified in the senate with a 2/3 vote, the senate rejected 7 treaties in the 20th century including Obamas Convention on the rights of persons with disabilities and Rejection of the Comprehensive Test Ban Treaty in 1999.
Congress can also block presidents’ appointments, most specifically to the supreme court, when Obama appointed Merrick Garland to the Supreme court in 2016 the Republican senate refused to vote on his nomination.
Consitutional limits can be bypassed
Presidents are given the power by article 2 of the constitution to veto congressional, whilst in theory they have the power to override the veto, this requires a 2/3 majority of both houses, 93% of all presidential vetoes have been successful.
Donald Trump made 8 regular vetoes and none were overturned, and despite overriding JASTA Obama made 12 other Vetos that were all successful.
Due to the increasingly political and partisan nature of the senate SCOTUS appointments they are more unlikely to reject a president’s appointment, the last time this happened was Robert Bork in 1987, it has only happened once since 1970.
Trump was able to pass all three of his nominees through the republican controlled senate, in the three votes only 1 republican broke party lines.
National events ehnace congressional power
Arguably National events can be detriment to Presidential power.
President Trump found dealing with the Covid-19 pandemic very destabilising, there were around 150,000 Covid-19 related deaths, his approval ratings fell to 35% as a result.
Hurrican Katrina 2005, bush administration response was slow, 2,000 people were killed and there was $125 Billion USD in damage, the republicans lost both houses of congress in 2006.
National events improve presidents power
Arguably in times of crisis congress acts with deference allowing considerable presidential power, this can mean they are able to get their way in congress.
In 2001 the 9/11 terror attacks in New York gave Bush a platform to increase his presidential power and get his way in congress. His approval ratings rose quickly and peaked at 90% that year after announcing his ‘war on terror’.
Bush past the Patriot act 2001, expanding surveillance and the powers of the federal government, it passed in the senate 98-1.
Bush was also able to pass a Authorization for use of military force 2001, passing 420-1 in the house and 98-0 in the senate.
His high approval ratings unarguably were pivotal in helping the Republicans take full control of congress in 2002 and 2004, vital to the passage of No child left behind act 2002 and Homeland security act 2002.
Trump oversaw the swift passage of the CARES act in 2020, which was a unprecedented $2.2 trillion dollar economic aid package.
Divided government
On the other hand party polarisation makes bipartisan cooperation extremely difficult and so in times of divided government presidents find it hard to persuade congress to pass legislation that will help them achieve their aims, Clinton faced the highest proportion of divided government since 1992, but every single other president other than Biden has faced divided government.
President Bush outlined his major initiative to reform social security which included partial privatisation of the system in 2005, however the democrats strongly opposed the reforms and in the 2006 midterms the democrats gained control of both houses and effectively killed the plan for the remainder of his time in office.
Obama aimed to influence the Supreme court with his nomination of Merrick garland, however the lame duck theory and divided government after losing the 2014 midterms in both houses meant that the senate did not even consider his appointment.
Finally Clintons health care reforms were defeated in 1994 after years of bargaining in the senate and house with democrats attempting to persuade them on his reforms, after the republicans won both houses of congress in 1994 although the Clinton sponsored health overhaul was stopped in its tracks.
United government
If the government is united, then the president is significantly more likely to be able to get their way in congress, in a era of party polarisation presidents are greatly assisted in achieving their amins if there Is a unified government.
George W Bush enjoyed the highest proportion of unified government which made it easier to persuade congress to pass legislation and achieve his aims.
Education policy was one of the cornerstones of Bush’s election campaign and with his congressional majority and united government he was able to pass the No child left behind act in 2002. This was a major expansion in the federal government’s role in education. Bush controlled both houses.
Bush was able to pass the Economic growth and Tax relief act in 2001 and the Jobs and growth tax act 2003 which saw huge tax cuts of around $1.35 trillion dollars, this was ideologically in line with republicans and all but 10 democrats in the senate voted against, even if all democrats voted against republicans would have still passed the bill.
Obama controlled both houses in the first two years of his presidency, and as a result was able to pass the Dodd-Frank Act 2010 increased regulation on the financial sector and the American recovery and reinvestment act 2009 provided a huge $787 billion economic stimulus, only two republicans in the senate voted for Dodd-frank, still being able to pass it proves the benefits of united government.
