Evaluate the extent to which there is an 'imperial presidency.' Flashcards
Introduction - Themes
- Domestic
- Foreign
- Informal Powers
Introduction - Argument
The president could be considered imperial when looking at foreign policy, however, domestically they are not able to dominate Congress, so cannot be considered imperial in that regard
Imperial - Domestic - Point
When the President has a united government it would appear that they are imperial over domestic policy as they are able to pass many bipartisan bills to support their agenda
Imperial - Domestic - Examples
- After the Supreme Court overturned Roe v Wade in June 2022, Biden was keen to protect the right to gay marriage. He was able to pass the Respect for Marriage Act which federally protected it
- After the school shooting in Uvalde, Texas in May 2022, Biden was able to pass a gun reform bill which made it illegal to sell firearms to people deemed ‘dangerous’
Imperilled - Domestic - Point
Out of the past 30 years, 10.5 of those have been under a united government meaning more often than not the President is acting with a divided government, this makes it exceptionally difficult to pass any legislation
Imperilled - Domestic - Examples
- The John Lewis Voting Rights Advancement Bill aims to fend off attempts across the country by Republicans to erode easy access to vote. This passed in the House; however, the Republicans in the Senate have prevented the bill from advancing
- Biden was able to pass his Rescue Plan Act which was designed to combat the covid pandemic. Due to Joe Manchin’s opposition in the Senate the bill was reduced to a reconcillation bill meaning it was only for 1 year
Imperilled - Foreign - Point
The President has the ability to set the tone of foreign policy during his period - however, a lot of what they wish to achieve depends on Congressional cooperation which is unlikely
Imperilled - Foreign - Examples
- The Senate voted in support of the Repeal of the Authorization of Use of Military Force Act in March 2023, this would take away a strong power which the president holds abroad
- In his State of the Union Adress, Biden said he was committed to working with China, however, the US shot down 4 foreign Chinese objects and this massively increased tensions
Imperial - Foreign - Point
The president can act unilaterally and there is little Congress can do, especially if they have public support
Imperial - Foreign - Examples
- The Authorization of Use of Military Force Act is yet to be reppeal as the House has not passed it. This Act has still given trumendous power to presidents in the past including Bush going into Iraq
- Obama was able to act completely unilaterally when going into Syria - he did not consult Congress nor have British support
Imperilled - Informal Powers - Point
The President has a number of informal powers whcih can be used to increase their dominance, however, there are heavy checks from Congress
Imperilled - Informal Powers - Examples
- Presidential vetos can be overturned by Congress. Trump had his veto on the National Defence Authorization Act for 2021 overturned by Congress
- The Constitution gives the Senate the sole power to ratify treaties - a power they have not used since the Comprehensive Nuclear Test Ban Treaty in 1999
Imperial - Informal Powers - Point
The President has more methods, and success, when trying to act unilaterally on foreign policy decisions
Imperial - Informal Powers - Examples
- In the Trump v Hawaii case concerning Trump’s executive order which prevented people entering the USA from some Muslim countries, the SC ruled that he was able to implement this
- Obama used executive agreements to bypass the Senate, he entered the Paris Agreement and the Iran Nuclear Deal
