executive Flashcards
enumerated powers of the president
pardons (obama pardoned 212)
act as commander n chief
veto legislation (trump vetoed in 2020 a bill that would terminate action between Iran)
implied powers
executive orders (Trump used to open a contraversial/ environmentally damaging pipeline which Obama blocked)
prosecturoial discretion
(power to determine when to enforce law, Obama used for immigration policy argued it was in his power when to deport 11m people, bush after 9/11 detaining terrorist suspects excersing powers as chief exec)
signing statements
(when signing a bill they may release a statement giving their own opinion/interpretation of the law)
limitations on executive power
judicial checks
(sc can declare acts unconstitutional)
congressional checks
(override veto ( only 1/12 of obama vetoes were overriden, power of purse, impeachment)
lame duck
(Obama had 32% of house support in 2011 then only 21% in 2013)
roles of the VP
president of the senate
cast the deciding vote
Obama used buses advice for the new START Treaty 2010
how can congress limit power of the president
amend and delay legislative proposals
veto override
check commander in chief
refuse treaties
impeachments
SC limit power of president
declare acts of presidents unconstitutional
frequency of cabinet meetings
Reagan held 36 in his first term, 21 in second and only 12 in third and fourth year
functions of cabinet meetings for the president
engender team spirt
appear open and consultive
debate policy
check legislation going through congress
functions of cabinet meetings for cabinet officers
resolve interdepartmental disputes
catch the president to raise issues
increase position
sources of presidential power - constitution
powers detailed in the constitution article II e.g. power to propose legislation
e.g the president is commander in chied of the armed forces given by article II section II
power used by Bush when he led USA during afghanistan and iraq wars
sources of power - congress
delegated powers e.g. the power to determine detailed regulations for congress’ laws
e.g. congress has delegated the power to impose trade tariffs against a country engaged in unfair trade practices 2018 trump imposed tarriffs on steal goods from china
sources of power - implicit authority from the constiution or congress
implied powers - president can claim the action he is ttaking is consistent with the constition e.g. emergency powers used by Roosevelt to force Japanese-Americans into internet camps during the second world war
informal powers
pursuasion through : office of legislative affairs, VP, congress
world leader - ronald raegen leading the western powers in the cold war, obama in 2015 Paris Agreement on CC
direct authority and stretching of implied powers - executive orders (roosevelt issued 3700 during cold war)
obama frustrated with congress resistance to his agenda so used as an alternative to legislation (later criticised by Trump)
formal powers (10)
propose legislation
submit annual budget
sign legislation
commander in chief
chief executive
veto legislation+
nominate executive branch officials
nominate federal judges
negotiate treaies
pardon power
executive orders
formal powers - propose legislation
outlines plan for the coming ear yo a join session of congress in a speech
televised live - publicity and awareness and puts pressure from the puiblic onto congress to vote with the will of the people
formal powers - commander in chief
runs the military and asks the congress to authorise his use
constitution gives congress the power to declare war - not happened since 1941
congress has power of purse (control money for a war)not often used
formal powers - nominations to executive branch and judiciary
nominations to cabinet must be confirmed by the senate by a simple majority vote
nominates federal judges when vacancies arise
limits on president - refusing to confirm presidential appointments
very signifcant regarding high profile appointments
e.g. 2016 - republicans controlled senate and refused obamas appointment of Garland thus preventing a democrat dominated SC
limits of president - power of the purse
powerful check on executive - can limit them passing annual budget
congress can extract key concessions in return for passing his budget
if congress refuse, it can force a government shutdown, putting pressure on president to agree to its demands
limits on president - impeachment and trial
ultimately can lead to the removal of the president from office
even if acquitted (e.g. Clinton 1998) the process generates huge media attention and public scrutiny
political circumstances
dictate how constrained a president is
2009-2010 Obama was able to pass legislation with ease as the democrats controlled both houses of congress. this later changed in the 2010s when republicans won the majority
cabinet members
policy specialists which usually giove advice on their departments
the president does not have too take this advice as the constitution gives him sole executive authority
“the executive power shall be vested in a president”
cabinet meeting frequency
meet a few times a year
avg 3.5 times a year under obama
avg 6 under bush
ragen v obama cabinet relationship
had many more meetings than most - valued their advice - 36 meetings in first year
obama rarely met with cabinet, using the time more to brief members on a significant event or policy launch
