Executive Flashcards
comparative essay
‘Prime ministers and presidents are equally constrained by their ability to influence their legislatures’. Analyse and evaluate this statement.
FOR
UK:
- In times of minority gov the PM will struggle to force through legislation eg theresa may in 2017 and brexit legislation
USA:
- separation of powers means the president hass less ability to influence the legislature - as it was designed in the constitution
- no whipping system means the president cannot ensure party loyalty or support for a bill
- the offer of cabinet positions is not an incentive to encourage loyalty, like it is in the uk
Comparative essay
‘Prime ministers and presidents are equally constrained by their ability to influence their legislatures’. Analyse and evaluate this statement.
AGAINST
UK
- fusion of the executive and the legislative means the PM is directly involved in the legislative process
- PMs can rely on their parlimentry majority to force through billls. for instance using the whipping system
- gov appoints leader of the commons and works with them to set the legislative agenda - while in the US congress controls its agenda
USA
- President can suggest legislation to congress through signing statements eg obama with the american jobs act in 2011 (Congress can reject them)
- only the president can veto legislation eg President Reagan pocket-vetoed the Clean Water Act of 1986 over concerns about its cost
- president produces the anual budget (but can lead to gridlock and potential shutdowns)
How has Presidential power changed over time?
- can only serve 2 terms eg Franklin D Roosevelt 1933-1945
- informal powers such as the power of persuassion becoming more commonly used
- origionally designed as a role that would guide the country, not be the main political figure
Define the term ‘executive order’ and provide and example
- a rule or order issued by the president to an executive branch of the government and having the force of law.
- Donald Trump signed a total of 220 executive orders from January 2017 to January 2021
- A month after 9/11 President George W. Bush signed Executive Order 13228 creating the Office of Homeland Security (2001)
What is EXOP?
- Executive Office of the President
- designed to be flexible, and very few positions require Senate confirmed. It is meant to be fluid so that it can adapt to the President’s style.
3 agencies within EXOP
- National Security Council
- White House Office
- Office of Management and Budget
EXOP
what is the National Security Council?
- formed under Harry Truman
- main body used by the President for the formation of policies relating to national security and foreign policy.
- members include President, Vice President, Secretary of State, Secretary of Defence, the National Security Advisor, military advisors, and intelligence advisors
EXOP
What is the White House Office?
- department in the Executive Office is headed by the White House Chief of Staff.
- The Office is ultimately made up on assistants of the President, who oversee policy, political matters and above all work to protect the interests of the President.
- None of the roles in the White House Office require Senate confirmation.
EXOP
What is the Office of Management and Budget?
- largest department within the Executive Office.
- main responsibility is to produce the Budget.
- It is one of the only departments within the Executive Office that must have the director confirmed by a Senate Vote.
Enumerated powers
Enumerated powers: these are explicitly granted to the president by Article II of the Constitution, or delegated to the president by Congress.
- eg comander-in-chief, pardons, vetoes
Implied powers:
these are implied by the text of the Constitution.
- eg the enhanced authority given during times of crisis. Legislation like the War Powers Act of 1973 gave the president the power to make decisions quickly without the usual approval from Congress during times of crisis.
Inherent powers:
Inherent powers: these are not set out in the Constitution, but are needed by the president to carry out their constitutional role as head of the executive. Unlike implied powers, inherent powers are not linked to a specific power mentioned in the Constitution.
- eg issue executive orders, determine if a law is enforced, and issue injunctions.
Explain and analyse two formal powers of the president
The president’s powers are nearly all set out in Article 2, the more significant ones are all checked by Congress:
- commander-in-chief of the armed forces — Congress has the check of the sole power to declare war (Bill Clinton, who ordered the bombing of Kosovo in1999)
- to make treaties — Congress has the check of ratification with a two-thirds majority
- to appoint senior government officials, ambassadors, Supreme Court justices and justices of the lower federal courts — Congress has the check of confirmation
Are formal or informal power of the Presidency more significant? Explain each argument
what powers do not undergo checks and balences
7
Signing statements
the veto
Executive orders
Executive Agreements
Recess Appointments
Pardons
Power to command the military
Signing statements
- informal power that informs Congress and the public of the president’s interpretation of laws passed by Congress and signed by the president
What are the variable factors that affect the powers of the President
4
- Congress’s power of the purse often hold the president back eg Trump could not build his wall because congress blocked the budget
- Senate confirmation of presidential appointments eg Mitch Mconnell (R) (senate leader) blocked obama’s judicial appointment in 2015
- Losing control of either the house or the senate can make it difficukt for a president to impliment policy eg divided governments and gridlock
- Supreme court rulings may limit or overturn an action by the president eg 1935, the Supreme Court overturned five of Franklin Roosevelt’s executive orders
What is the Cabinet and what role do they play
4
- includes the vice president and the heads of 15 executive departments, as well as cabinet-level officials such as the Chief of Staff and the Head of the Office of Management and Budget.
- Cabinet members can play an important role in helping the president to make and execute policy. Individual members of Cabinet can act as key policy advisers
- As a collective group the Cabinet has very limited power
- Its main influence lies with key individuals in the Cabinet. Under the Obama presidency, John Kerry as Secretary of State took a central role in developing foreign policy
what is the Vice President and what role do they play
- main power lies with their ability to influence presidential thinking.
- The last three Vice Presidents — Pence, Biden and Harris — have all been seen as influential members of the president’s inner circle.
- Arguably the most significant constitutional role of the vice president is to be next in line to the president.
Explain and analyse 3 ways in which the Cabinet and Vice president are ineffectual
- no constitutional requirement for the cabinet
- meetings simply oppotunity for PR
- VP doesnt have any power except the casting vote in the senate
Which two perspectives are there on Presidential success? Briefly explain each.
Imperial - ‘imperial presidency’ used by Arthur Schlesinger Jr in 1973, when he attacked what he viewed as the unconstitutional extension of executive power under President Nixon. Schlesinger argues that presidents wield huge amounts of power with little or no constraints.
Imperilled - President Ford found that the federal bureaucracy was too big to manage effectively, and complained of the president’s lack of control over an increasingly complex executive branch. ‘lame duck’. The rise of polarised parties could be applied to this idea
Why is the President’s power to persuade so important?
- unlike the UK, President’s cannot reward loyal members of their parties with Cabinet posts as a US Cabinet post is not seen as a reward down to the separation of powers.
- they cannot remove the whip from troublesome members in Congress.
Therefore true that the power of the President, is merely that of persuasion: could use EXOP to persuade congressmen, appeal directly to the Party Leadership who might be able to assist in getting the agenda through Congress, may appeal to the public to try and build popular support for a measure
