ETVT there is now a imperial presidency (30) Flashcards
Intro
The term ‘imperial presidency’ was used by Arthur Schlesinger in his book of 1973 which spoke about the growth of presidential power and the lack of effective checks on this power by congress. A president is referred to as ‘imperial’ when attempts by congress to exercise its constitutional checks are unused on ineffective.
Foreign policy - There is
Obama most recently in Libya bypassed the War Powers Act 1973, sent ‘military advisors’ and US troops in 2011 but didn’t constitute ‘hostilities’ therefore he didn’t have to seek authorization.
Clinton was able to use US troops in NATO peacekeeping missions in the federal republic of Yugoslavia in the 1999 without approval from congress, this is arguably in violation of the war powers act 1973.
Use of EA to bypass congress, Paris agreement and the joint comprehensive plan of action both 2015.
Bush VP Bruce Cheney believed that the administration had a duty to revive the executive branch, and exploit presidents bush’s status as a ‘wartime president’ Guantanamo bay, set up military commissions to try detainees in 2002 and congress had little ability to check this until they were declared unconstitutional in 2006, however as of may 2023 30 prisoners remain as Guantanamo Bay. This showed that bush was willing to push his presidential power to challenge the limits of the constitution.
Trump withdrawal from the Human Rights council in 2018 and the Paris climate agreement, showed that the president can use executive agreements abroad in order to bypass checks from congress.
Trump launched a missile strike in 2017 against the Syrian government and a airstrike against a Iranian General in 2020, which was heavily criticised by house speaker Nancy Pelosi for transgressing the war powers act.
Foreign policy there isnt
War powers Act 1973, Requires the president to give congressional notice within 48 hours of committing troops, if no authorization is given than troops cannot remain for more than 60 days .
Case Act of 1972 requires the president to notify congress of all EAs with foreign states.
Constitution gives congress the power to declare war under article 1 section 8.
Bush faced more restrictions in his later years, Hamdan v Rumsfeld 2006 and Boumediene b Bush 2006 states that military commissions created at Guantanamo Bay were unlawful.
Expanded powers of the Bush administration were a consequence of the attacks of 9/11 and only applied to a narrow range of policy regarding national security, military action in Iraq and Afghanistan were both authorised by congress under AUMF 2001, furthermore Obamas military action in 2010 in Afghanistan was authorized by congress.
Obamas joint comprehensive plan of action 2015 was passed through a EA, as he knew congress would not ratify a treaty, the EA was repealed by Trump in 2018.
The senate rejected 7 treaties in the 20th century including Obamas Convention on the rights of persons with disabilities, Treaties must be ratified in the senate with a 2/3 majority. EAs not as useful as they can be easily overturned by future presidents, for example Biden rejoined both the UN human rights council and the Paris agreement when he came into office.
Domestic policy - there is
PATRIOT Act 2001 committing to more rights to arrest and surveillance past in the senate 98-1, national emergency. Bush was given extensive policy making freedoms after the 9/11 attacks. Arguably interfering with individual liberties. He had a majority of republicans in both houses and used the national disaster to bypass congress relatively easily.
He also used executive orders during his ‘war on terror’ in order to authorise anti-terrorist measures, including surveillance of suspects without a court order.
Obama failed to pass the DREAM act 2010, a attempt to give residency, right to work and path to citizenship to illegal immigration under Obama. Obama passed executive orders to bypass congress, DACA 2012, not providing a path to citizenship although. Obama ‘I’ve got a pen and a phone’
Obama was still able to pass key policy in congress, for example the American recovery and reinvestment act 2009 and the Dodd-Frank wall street reform act 2010, finally he passed his key healthcare policy, The Affordable Care act 2010.
EO are a very powerful tool, Trump signed a number of important orders that significantly altered policy, EO 13769, labelled the ‘Muslim ban’ by critics meant he could limit entry from a number of counties including Iran, Iraq and Somalia.
Power of the Veto, the president has power to overturn this but only through 2/3s of both chambers, Trump vetoed 10 pieces of congressional legislation and only 1 was overturned.
Domestic policy there isnt
In Obamas second term he lost majorities in both houses of congress and was therefore imperilled domestically.
JASTA 2016, Obama attempted to prevent Justice Against Sponsors of Terrorism bill from passing and vetoed it, it was overridden in the house and 97-1 in the senate.
In the final year of Obamas presidency, Merrick Garland 2016, Senate refused to discuss his nominee, this showed the prevalence of the ‘lame duck’.
In US v Texas 2016 his immigration policy DAPA was ruled unconstitutional.
EO are only so useful and are not as important as bills, for example Biden signed 15 executive orders rescinding previous trump ones in 2021. On key policies such as revoking the ‘Muslim travel ban’.
Trump, government shutdown 2018, the shutdown was caused as congress and president trump could not agree on a appropriations bill to fund the federal government, $5.7 billion dollars for the Mexico-USA border.
American health care act 2017 ‘Trumpcare’ a key policy was defeated in the senate, 3 alternative amended bills were defeated three times.
Clinton was unable to pass his ‘flagship’ healthcare reforms through congress, even though both houses were held by the democrats, Clinton was unable to convince them to even vote on the proposals.
Failure to be held accountable - there is
Article II gives congress power of impeachment, or hold the president accountable for their actions. ‘Treason, bribery, or other high crimes and misdemeanours.
After the ‘Watergate’ scandal in 1974 although Nixon was not impeached by the senate the threat of impeachment was enough for him to resign from office.
Trump was impeached twice by the house. Firstly in 2020 he was impeached by the house on abuse of power and obstruction of congress and then again ‘Incitement of insurrection’ in relation to January 6 attacks on U.S. Capitol.
Failure to be held accountable - there is
No president has ever been impeached by the senate.
Clinton impeached 1998 for ‘high crimes and misdemeanours’ lying under oath and obstruction of justice. Acquitted by the senate, all democrats voted not guilty.
Trump 2020, acquitted, 1 republican voted Guilty and all 45 democrats voted guilty on both accusations.
This is usually a highly partisan process which most of the time will have little ability to remove the president from office, meaning they can act as imperial.
