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US politics > Executive > Flashcards

Executive Flashcards

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1
Q

What are formal (enumerated) powers of the president?

A

Written explicitly in the constitution
- approve legislation
- State of the union
- appointments
- executive power
- grant reprieves and pardons
- convene special sessions of congress
- commander in chief
- make treaties
- receive ambassadors
- role as head of state & govt

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2
Q

What are the details of the president’s formal power to approve legislation?

A

The president signs a bill and then it becomes law
A president has 10 days to decide what to do with a bill after that action on the bill becomes automatic i.e. pocket veto

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3
Q

Give an example of the president approving legislation?

A
  • in 2018 Trump signed legislation that allowed websites to be prosecuted for facilitating online sex trafficking
  • the power of the veto - Obama vetoed keystone pipeline bill (2015)
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4
Q

What are the details of the president’s formal power of his state of the union address?

A
  • Annual legislative request from president to congress
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5
Q

What is a state of the union address?

A

The annual address delivered by the president in congress outlining his legislative agenda for the coming year

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6
Q

Give an example of a state of the union address

A

failure = Obama on immigration reform (2016) he relied on exec actions instead

success = Obama on gay rights (2010) ‘don’t ask don’t tell’ repeal act signed

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7
Q

How much power does the president’s formal power of approving legislation give him?

A

Quite powerful but can’t always exercise these powers as a healthy relationship is needed with congress to help pass the president’s legislative program

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8
Q

What are the details of the president’s formal power to appoint government officials?

A
  • Typically president’s appoint around 4000 officials and around 1200 of those need senate confirmation e.g. sc justices
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9
Q

Give an example of a presidential appointment

A
  • Trump appointed Brett Kavanaugh (2018) & Amy Coney Barett (2020) to the SC
  • Obama made 32 recess appointments
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10
Q

What are the details of the president’s formal executive power?

A

executive power is allowed by article II of the constitution - allows a president to carry out policy aims without congressional approval e.g. exec orders, signing statements etc

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11
Q

Give an example of executive power?

A

executive orders - used to create & shape policy when congress would not pass a law that the president wanted e.g. 2009 Obama EO13492 which ensured unlawful interrogation

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12
Q

What are the details of the formal power of the president to grant reprieves and pardons?

A
  • the president has the right to pardon (forgive federal not state offences)
  • can grant reprieves - reducing the sentence issued fora crime or free people from a current sentence
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13
Q

Give examples of a president granting reprieves and pardons

A

Donald Trump made a total of 237 pardons whilst on office

on his last day in office Obama issued 330 commutations to people convicted of drug offences

Biden pardoned federal marijuana offences of simple possession - 2022 (this lifts barriers to housing, educational opportunities & educational opportunities)

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14
Q

What are the details of the president’s formal power to convene special sessions of congress

A
  • the power to call a special session of congress - can call either or both houses back from recess (rarely used today)
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15
Q

Give an example of the president using his formal power to convene special sessions of congress

A

the whole of congress has been recalled to deal with international situations e.g. Roosevelt convened a special session in 1939 regarding US neutrality in what would be WW2

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16
Q

What are the details of the president’s formal power of being commander in chief?

A

the president is constitutionally the head of the navy & army yet only congress can declare war - this power increased after passing the war powers resolution act (1973)

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17
Q

What are the details of the president’s formal power to make treaties?

A

the president (with the senate’s consent) has the right to create treaties with other nations - a president can leave a treat without asking a senate

executive agreements are similar to treaties yet don’t require senate approval

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18
Q

Give an example of the president negotiating a treaty

A

the new strategic arms reduction treaty in 2010 required negotiation by the president and 2/3rds of senate approval

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19
Q

What are the details of the president’s formal power to receive ambassadors?

A

as the head of state the president receives ambassadors from foreign nations - the president can use this power to recognise nations and decide with whom the US is prepared to work with

A FOREIGN POWER

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20
Q

Give an example of a president receiving ambassadors

A

President Bush recognised Kosovo in 2008

President Obama recognised Sudan in 2011

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21
Q

What are the details of the presidents formal power as the head of state and government?

A

head of state, highest ranking position in state = ceremonial roles, greater oversight over foreign policy

head of govt = dealing with domestic policy, national budget, preside over the cabinet and the exec branch

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22
Q

Give examples of the president fulfilling his role as head of state

A

ceremonial roles = the annual pardoning of the turkey

greater oversight over foreign policy = attending world summits like G7 or G20 as head of state, brokering deals & treaties on behalf of the US

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23
Q

Give an example of how the president fulfils his role as head of government

A

responsible for EXOP
signs & veto’s legislation

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24
Q

What five powers does the constitution give the vice president?

A
  • presiding officer of the state
  • voting in the case of a tied vote in the senate
  • counting the ECV’s after a presidential election
  • Becoming president (if the current president dies, resigned or is impeached)
  • Becoming acting president when the president is declared or declares himself disabled
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25
Q

Give an example of a VP voting in the case of a tied vote in the senate

A

VP Mike Pence voted 13 times in the senate more than most VP’s
(Trump’s VP)

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26
Q

How many times has the VP had to become president in the event of death, resignation or impeachment of the current president?

A

This has occurred a total of 9 times

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27
Q

What are the informal source of power for the president? (not explicitly stated in the constitution)

A

The cabinet
Powers of persuasion
executive office of the president
White House office (WHO)
National Security Council (NSC)
Office of Management and Budget (OMB)

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28
Q

Who coined the phrase ‘power of persuasion’?

A

Coined by neustadt as he suggested that the power of the presidency is the power to persuade

29
Q

What is the power of persuasion?

A

The president uses personal influence, authority of office and political capital to obtain the support of key political figures

30
Q

How can the president use his power of persuasion?

A
  • persuade through appealing directly & morally to congress
  • use White House as a ‘bully pulpit’ (a strong & significant platform from which the president can advance his policy)
  • personal interactions/inducements to members of congress
31
Q

Give an example of the president persuading through appealing directly & morally to congress (power of persuasion)

A

Obama’s rose garden speech 2013 - convinced them of the need to take military action in Syria

32
Q

Give an example of the president using the White House as a bully pulpit (power of persuasion)

A

Obama address from the Oval Office in 2015 to call for gun control after the San Bernardino shooting

33
Q

Give an example of the president using personal interactions & inducements to persuade members of congress (power of persuasion)

A

Obama’s deputations chief of staff Messina called senators to ensure that they would still vote to ratify Sotomayor after a difficult quote came to light during her confirmation hearings

34
Q

What can effect the president’s power of persuasion?

A
  • Dependent on popularity i.e. the more pop a president the more likely congress is to listen to him
  • Determined by a president’s personal style and how they utilise their skills e.g. charisma, telegenic etc
35
Q

How does the president’s cabinet act as an informal source of power?

A
  • Advisory body for the president, comprised of 15 heads of department who are largely experts in their field
  • They help the president form policy objectives
  • Undertake work on behalf of the president
  • They can make the cabinet ‘look like America’ (reflect the different ages, ethnicities, genders etc in America)
36
Q

Give an example of the president’s cabinet undertaking work on behalf of him?

A

Mike Pompeo (CIA director) meeting with the Mexican president on behalf of Trump

37
Q

Give an example of a diverse cabinet

A

Obama’s cabinet - 7 women, 4 African Americans, 3 Asian Americans, 2 Hispanics, 2 republicans - helps president appeal to a wider demographic

38
Q

What is the executive office of the president?

A

Contains the top staff agencies in the White House that assist the presidents in carrying out the major responsibilities of presidential office - is organised by the president himself

39
Q

What three agencies are a part of EXOP?

A

NSC (national security council)
WHO (white house office)
OMB - (office of management & budget)

40
Q

What is the role of the office of management & budget?

A
  • to oversee the spending of all federal departments and agencies
  • key public role = to develop the annual budget for the president for submission to congress
  • to act as a clearing house for all legislative and regulatory initiatives coming from the president
41
Q

What is the role of the White House office?

A
  • the personal office of the president containing the staff who facilitate the president’s communication with congress, department/agency heads & the press/public
42
Q

What is the role of the national security council?

A

The NSC advises the president on matters of national security & foreign policy

43
Q

Give evidence that the cabinet is still important

A
  • it contains some of the most important people in the executive branch e.g. secretary to state etc
  • all the heads of the 15 exec departments are automatically members
  • the president always chairs the meetings
  • cabinet meetings can fulfil a number of important functions for both the president & cabinet officers
44
Q

Give evidence that the cabinet isn’t still important

A
  • article II of the constitution vests ‘all executive power’ in the president
  • there is no doctrine of collective responsibility (like in the UK)
  • the members are neither the president’s equals or political rivals
  • EXOP is the main source of advice giving (cabinet = redundant)
45
Q

Who is the head of the White House office?

A

the White House chief of staff

46
Q

Why can rivalries develop between EXOP & the cabinet?

A
  • cabinet members can feel out of the loop as EXOP members know what the president wants from day to day, EXOP members see the president on a regular basis
  • EXOP members work only for the president but cabinet members have divided loyalties, can be regarded as disloyal by EXOP
47
Q

Why could it be said that the president’s power of persuasion is less effective?

A
  • increased party polarisation means that the president’s methods are less effective than they used to be
48
Q

What is the president trying to get congress to do?

A
  • pass his legislative proposals
  • sustain his vetoes
  • confirm exec and judicial nominations
  • ratify treaties (senate only)
49
Q

Why does a president need to persuade congress to give it’s support?

A
  • the president’s powers are checked by congress e.g. override the veto, power of the purse etc
  • the president may control only one house of congress or neither (divided government)
  • congress can amend, delay & reject the president’s legislative process
50
Q

What perks can the president use to help with the support of members of congress?

A
  • phone calls to members of congress to request their support directly
  • support legislation important to a member of congress
  • invitations, social or political, to the white house
  • campaign for them (only applicable to members of the president’s party)
  • go on TV to appeal directly to voters and ask them to contact their members of congress to support the president
51
Q

What is a president in the last year of his second term known as?

A

A lame duck - e.g. Obama’s presidential support score was 97% when his term began (2009) and dropped to 39.3% at then end of his 8 years (2016)

52
Q

What is a presidential support score?

A

an annual statistic that measures how often the president won in recorded votes in congress

53
Q

Give evidence that the presidential power of persuasion is still important

A
  • the president has no formal disciplinary hold over members of congress so POP is necessary
  • the president is dependent upon members of congress for legislation, confirmation of appointments & treaty ratification - POP keeps a cosy relationship between the two
  • the president may be faced with divided govt and so POP can help pass their policies
  • the president’s ‘direct authority’ has limited use
54
Q

Give evidence that the presidential power of persuasion isn’t important

A
  • Partisanship makes persuasion a less useful tool for the president trying to persuade congress’ members to support him
  • POP depends on approval ratings and is less effective with a lower approval rating
  • POP isn’t effective for second term presidents as it is limited due to their lame duck status
  • Other informal powers are more important
55
Q

What is direct authority?

A

Actions the president can take which don’t require congressional approval and yet can achieve some of their policy goals

56
Q

What are the four types of direct authority?

A

executive orders
signing statements
recess appointments
executive agreements (international agreements entered without the advice or consent of the senate)

57
Q

What are recess appointments?

A

A temporary appointment of a federal office made by the president to fill a vacancy whilst the senate is in recess

58
Q

What is the imperial presidency?

A

A presidency characterised by the misuse of presidential power, especially excessive secrecy particularly in foreign policy

59
Q

What is the imperilled presidency?

A

A term coined by President Ford to refer to a presidency characterised by ineffectiveness and weakness resulting from congressional over assertiveness

60
Q

Give examples of imperial presidency

A
  • in 1994 Clinton was prepared to launch an invasion of Haiti without congressional approval
  • Obama controversially sanctioned the death of Anwar al-Awlaki an alleged terrorist by an drone attack in 2011
  • Obama launched a major offensive in Afghanistan (2010)
  • Trump pulled the USA out of the Iran nuclear deal , the north American free trade agreement and the Paris accord
  • Trump bombing ISIS fighters in 2017
61
Q

Give evidence that the president controls foreign policy

A
  • the president is commander in chief
  • the president has the power to negotiate treaties
  • the president can set the tone for foreign policy
  • the president is globally associated with US and goes to world summits e.g. the G20
62
Q

Give evidence that the president doesn’t control foreign policy

A
  • Congress has the power of the purse
  • only Congress can declare war
  • The senate has to ratify treaties
  • Congress has the power of oversight
63
Q

What are some limits of presidential power?

A
  • Congress can perform checks & balances on the president e.g. refuse to confirm SC appointments
  • the SC can perform judicial review (declare the president’s acts unconstitutional)
  • interest groups - mobilise public opinion against the president’s policy proposals
64
Q

What are some factors that affect presidential success?

A
  • electoral mandate
  • public approval
  • first/second term
  • unified/divided govt
  • crises
  • personality type
65
Q

How can an electoral mandate affect a president’s success?

A
  • the EM is the percentage of pop vote won in the previous election and can limit the president’s powers and success with legislation
  • Obama won 53% in 2008 & Trump 46% (2016)
66
Q

How can a president’s first/second term affect their success?

A
  • the president is likely to be more successful in the first 2 years of their first term than in the last 2yrs of their second term
  • Obama had a rating of 67% in his first term falling to 40% in his second term
67
Q

How can a president having a unified/divided govt affect their success?

A
  • they are likely to be more successful in carry outing their legislative goals if their party controls both houses of congress e.g. Obama 2009 - 11 & then his later divided government which blocked his SC nominations stalling for a republican president
68
Q

How can crises affect a president’s success?

A
  • During crises the nation tends to look to the president for leadership and how he handles the crises can either significantly boost or reduce their public approval
69
Q

How effectively have president’s achieved their aims - give examples

A

Bush
effective = ‘war on terror’ post 9/11 created a homeland security dept that increased mass terrorist surveillance - education reform: ‘no child left behind policy’ saw a 2% increase in spending for inner city schools

ineffective = social security reform, underestimated difficulties with passing the bill, not acted upon congress

Obama
effective = healthcare reform, Obamacare considerably reduced the number off adults uninsured for healthcare - successful in ending the war in Iraq

ineffective = failed to achieve immigration reform - his attempt to bypass congress via exec order was eventually ruled unconstitutional by the SC in the United States v Texas ruling

Trump
effective = taxes and jobs - the tax and jobs act (2017) slashed corporation tax rate from 35% to 21% -& in 2019 unemployment fell to it’s lowest since 1969

ineffective = failed to ‘build the wall’ across the USA-Mexico border - failed to replace and repeal Obamacare lack of clarity over replacement resulted in the republican senate failing to back his plans

US politics (13 decks)

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