Evaluate the view that the President is successful in achieving their aims? (30) Flashcards
intro
not successful
para 1 - theme
legislation
para 2 theme
foreign policy
para 3 theme
appointments
para 1 - legislation
- Whether it be due to divided government, the Supreme Court or opposition from within their own party, the president is limited in their passing of legislation.
- Obama failed to achieve an immigration reform which he hoped would lead to citizenship for the children of illegal immigrants. He underestimated the opposition within his own party to the reforms. Likewise, his attempt to bypass Congress and extend the rights of illegal immigrants via executive order was eventually ruled unconstitutional by the Supreme Court in the US v Texas (2016).
- Obama made attempts to pass legislation referring to tighter weapons background checks, but due to a Republican filibuster, it never made it through congress.
- Similarly, Trump was unable to achieve the ‘repeal and replace’ of the ACA due to divided government.
This shows that the limitations placed on the president are too great to successful, as in an age of polarisation and partisanship, divided government ensures that legislation is incredibly difficult to be passed
para 1 - however
- Obama still successful in passing Obamacare, despite the fact that it was hotly disputed about between the two parties, suggesting that this is still possible to pass controversial legislation in an age of partisanship.
- Furthermore, bipartisan acts are still possible. E.g. 2002 bipartisan campaign reform act (McCain-Feingold Act), imposed stricter rules around presidential campaigns and their funding. The House approved the bill with a 240–189 vote, sending the bill to the Senate. The bill passed the Senate in a 60–40 vote
This would therefore suggest that bipartisanship is still possible, and that the president can be successful provided they follow the Madisonian principle of compromise, suggesting this is the way the FFs wanting things to be
- Furthermore, bipartisan acts are still possible. E.g. 2002 bipartisan campaign reform act (McCain-Feingold Act), imposed stricter rules around presidential campaigns and their funding. The House approved the bill with a 240–189 vote, sending the bill to the Senate. The bill passed the Senate in a 60–40 vote
para 1 - rebuttal
- Bipartisanship is the forgotten principle of the constitution, and is basically non existent. The bipartisan campaign reform act passed through the senate in a 60-40 vote, which is the bare minimum to avoid a filibuster, suggesting that it may not have been as universally supported as previously seen.
Furthermore, partisanship and gridlock was so bad at the end of the Obama premiership, that he would have to rely on a huge amount of presidential memoranda and executive orders, saying that if Congress does not act, I will. When the Democrats lost the House in 2010 and Senate in 2014, legislation became practically impossible. In this period, Congress was one of the most unproductive of all time, passing 296 pieces of legislation
para 2 - foreign policy
- The president does not posses the power to declare war, and this remains with Congress, with the last time they did so being in the Second World War.
- Obama had to turn to foreign policy to be successful after facing total gridlock on domestic policy, but he was unsuccessful in foreign policy as well. His supposed transatlantic trade and investment partnership (TTIP).
Lots of Obama’s work would be overturned by Trump. As he had to use executive orders to do a lot of his foreign policy - Paris climate change deal and rapprochement with Cuba. Trump would remove America form the Paris Deal whilst introducing the harshest measures on Cuba since JFK
- Obama had to turn to foreign policy to be successful after facing total gridlock on domestic policy, but he was unsuccessful in foreign policy as well. His supposed transatlantic trade and investment partnership (TTIP).
para 2 - however
- Despite Congress controlling the power to declare war, the last time it did so was in WW2, despite wars in Korea, Vietnam, Gulf War 1 and 2, showing that the President can be successful.
- In 2014, Krugan said that Obama has been ‘reluctant to commit US ground troops and eager to extract them from ongoing commitments, but quite willing to bomb people considered threatening to US people’.
Lynch and Singh argue that the President is able to act as a ‘national security president’ enabling them to be strong on foreign policy
- In 2014, Krugan said that Obama has been ‘reluctant to commit US ground troops and eager to extract them from ongoing commitments, but quite willing to bomb people considered threatening to US people’.
para 2 - rebuttal
The fact is that Congress controls a lot of the power over foreign policy, and once again, if the President is fighting divided government, they are unlikely to be able to be successful on foreign policy
para 3 - appointments
Inefficiencies in the senate at oversight. They have ignored their duty of giving advice and consent on appointments. For example, after the death of Justice Antonin Scalia in Feb 2016, the republicans hastily announced they would not even consider the nomination of Merrick Garland, despite him being an excellent choice and having previously received praise from Senate Republicans. This was totally ideologically driven. They would then fast track the conservative nomination of Amy Coney-Barratt. Between 1949-2013, 168 presidential nominees were filibustered, with a whopping 82 being used during the Obama administration
para 3 - however
- Congress are the ones who ratify federal judges. Individuals like Neil Gorsuch and RBG have all been confirmed in the Senate with the highest recommendation.
Congress also has the power to impeach judges, which they did Justice Chase 1804
para 3 - rebuttal
The ratification of justices is based along ideological lines, and so it is once again dependent on congress. Donald Trump was able to rush through 3 justices in his premiership due to having control of the Senate.
