Executive Flashcards

1
Q

What are the formal powers of the president?

A

Executive powers, power to influence the passage of legislation through congress, appointment powers, power to grant pardons.

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2
Q

How is executive power a formal power of the president?

A

President - Singular executive, sole executive authority. PM - Collective executive, primus inter pares.

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3
Q

How is the power to influence legislation a formal power of the president?

A

President’s powers are more limited - congress develops its’ own programme. Executive is part of legislature in the UK.

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4
Q

How are appointment powers a formal power of the president?

A

President requires senate approval to appoint positions to executive branch. President has the right to nominate federal judges.

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5
Q

How is foreign policy power a formal power of the president?

A

POTUS is commander in chief, monarch is in the UK - PM makes decisions. President can’t declare war, congress does.

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6
Q

How is the power to grant pardons a formal power of the president?

A

President has power to pardon. Monarch can issue a royal pardon.

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7
Q

What are the informal powers of the president?

A

Power to persuade, deal making, setting agenda, de facto party leader, world leader, executive orders, signing statements, executive agreements.

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8
Q

How is the power to persuade an informal power of the president?

A

Persuade senators in congress to vote with them, for their appointments.

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9
Q

How is deal making an informal power of the president?

A

Negotiating with congress, international agreements, crisis management, negotiating with cabinet.

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10
Q

How is setting the agenda an informal power of the president?

A

State of the union, public speeches and media influence, policy proposals, executive orders, managing national crises.

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11
Q

How is being de facto party leader an informal power of the president?

A

They are the national figurehead of their party, and they control the direction of the party, control the party platform.

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12
Q

How is being world leader an informal power of the president?

A

Most powerful person in the world. PM - Not as important as a leader.

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13
Q

How are executive orders an informal power of the president?

A

Derived from authority granted to the president by the constitution. Historical precedent - emancipation proclamation.

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14
Q

How are signing statements an informal power of the president?

A

Informal way to express interpretation of legislation, guide implementation of laws. Don’t go through formal legislative or judicial process. Can set out policy intentions.

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15
Q

How are executive agreements an informal power of the president?

A

Empower the president to handle foreign policy effectively, don’t require senate approval. Obama - Paris agreement.

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16
Q

How is bureaucratic power an informal power of the president?

A

PM and president are chief executives for government bureaucracy. President heads federal government and federal agencies. PM controls civil service.

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17
Q

What is the cabinet?

A

Includes the VP and heads of 15 executive departments and other officials such as the chief of staff. Meetings take place sporadically. Cabinet has no right to control policy.

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18
Q

What was Biden’s cabinet?

A

VP - Kamala Harris. Defense - Lloyd Austin. State - Antony Blinken. Treasury - Janet Yellen. COS - Jeff Zients.

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19
Q

What are the different recruiting pools for the cabinet?

A

Congress, governors, city mayors, academia.

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20
Q

What is an example of cabinet coming out of congress?

A

First trump admin - five members of congress. Marco Rubio - Second term.

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21
Q

What is an example of a governor serving in the cabinet?

A

Sonny Perdue and Rick Perry - Trump.

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22
Q

What is an example of a mayor serving in the cabinet?

A

Anthony Foxx and Julian Castro - Trump. Buttigieg - Biden.

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23
Q

What are the examples of academia serving in the cabinet?

A

41% of white house staffers had ivy league degrees.

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24
Q

Which people are unsuitable to serve in the cabinet?

A

Some don’t have experience in the area they’re responsible for. Alex Azar had no previous experience in human health.

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25
Q

What are the functions of cabinet meetings?

A

Personal contact, resolve disputes, speak to president, present ‘big picture’ ideas, team spirit, exchange information, policy debate.

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26
Q

What are the reasons the president’s cabinet is important?

A

President asks for advice from cabinet. Most important people in the executive branch. Some presidents hold frequent meetings, all HOD’s are departments.

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27
Q

What are the reasons the president’s cabinet isn’t important?

A

They don’t meet very often, president can select anyone, depends on president. No doctrine of collective responsibility, not political equals or rivals.

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28
Q

What is EXOP?

A

The president’s closest advisors, where administrative support for the president can be found.

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29
Q

What are the different EXOP departments?

A

National economic council, Office of management and budget, office of policy development, national security council, council of economic advisors, office of homeland security.

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30
Q

What is the role of EXOP?

A

Policy advice, manage the president, oversee departments, relations with congress, specialist functions.

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31
Q

How does EXOP provide policy advice?

A

Executive branch agencies who provide advice, help, co-ordination and administrative support.

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32
Q

How does EXOP manage the president?

A

Chief of Staff oversees the actions of WH staff, manages POTUS’ schedule.

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33
Q

How does EXOP oversee departments?

A

Can take control of cabinet to ensure they follow presidential priorities. OMB reviews spending of all federal departments.

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34
Q

How does EXOP provide relationships with congress?

A

Specialist advice and support in dealing with congress. Develops strategies to advance presidents’ legislative achievements. Obama used Biden.

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35
Q

How does EXOP have specialist functions?

A

Can create offices with a mandate related to their special interests. Obama - office of faith based and neighbourhood partnerships.

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36
Q

What is the role of the Chief of Staff?

A

Managerial advisory role - selecting key white house staff and supervises white house staff.

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37
Q

What did Ron Klain do?

A

Achieved legislation such as the infrastructure investment act, and the American rescue plan.

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38
Q

What did Trump do with his chiefs of staff?

A

Made many key decisions without his chief of staff, as they failed to bring order to his administration.

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39
Q

What is the OMB?

A

Advises the president on allocation of federal funds in budgets. Director oversees spending of all federal departments.

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40
Q

How long does the OMB take to go through the budget process?

A

Two years - beginning with disassociation between the president, the OMB and departments.

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41
Q

What is the National security council?

A

Acts an an ‘honest broker’ giving accurate information. Was originally invented for the cold war, there are other issues now.

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42
Q

Why might a national security advisor make a poor secretary of state?

A

They’re more of a private consultant, and the SOS is a public figure, and the SOS could have other ambitions.

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43
Q

Who are some notable national security advisors?

A

Susan Rice, Henry Kissinger, Michael Flynn, Jake Sullivan.

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44
Q

Why are Exop-Cabinet rivalries likely to exist?

A

Because the President is more likely to listen to EXOP, as they have more access. EXOP has an advantage, as they work in the white house, alongside the president.

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45
Q

What is the power of persuasion?

A

President needs good relationships to be able to convince people that supporting his policy is a good idea.

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46
Q

How can the president persuade through people?

A

Vice President, Members of the OLA, Cabinet officers, party leadership.

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47
Q

How can the vice president persuade?

A

Biden became the lead on negotiations in congress, helped pass the economic rescue package.

48
Q

How can members of the OLA persuade?

A

They’re full time lobbyists for the president, and meet with members of congress, and senior members of staff.

49
Q

How can cabinet officers persuade?

A

They can be deployed for negotiations in their own policy areas. Rod Paige - Education reform package.

50
Q

How can party leadership persuade?

A

President can work through party leadership. Speaker, majority leader, minority leaders, whips.

51
Q

What are the persuasions through perks?

A

Pork barrel politics, endorsement, funding for re-election.

52
Q

What did Obama have to do in order to pass bills?

A

Had to amend legislation to make it palletable for Republicans. Invitation to bill signings, dinner at the white house, trips on air force one.

53
Q

How has increased partisanship made persuasion harder?

A

Parties don’t align on many issues anymore.

54
Q

How does the president still have the power to persuade?

A

They can persuade through public address, they can build personal relationships, offer concessions, threaten to veto, have the public on side.

55
Q

How does the president no longer have the power to persuade?

A

Congress has the authority to legislate independently, lack of political capital, competing priorities for house members, internal party factions, strong committees.

56
Q

What are the limits on presidents’ power from congress?

A

Amend, delay or reject proposals, override presidents’ veto, declare war, refuse to ratify treaties, reject nominations, impeach and remove president.

57
Q

What is an example of congress amending, delaying or rejecting proposals?

A

Affordable care act - numerous amendments were made.

58
Q

What is an example of congress overriding the presidents’ veto?

A

TASTA - Obama vetoed the bill. Senate voted 97-1. House - 348-77.

59
Q

What is an example of congress declaring war?

A

World war I, world war II.

60
Q

What is an example of congress refusing to ratify treaties?

A

Treaty of Versailles - Senate voted against.

61
Q

What is an example of congress rejecting nominations?

A

Neela Tandea - OMB - Faced opposition due to past comments about some senators.

62
Q

What is an example of congress investigating the presidents’ actions and policies?

A

Trump - Ukraine. Trump urged Zelensky to investigate Biden, led to impeachment.

63
Q

What is an example of congress impeaching a president?

A

Clinton affair - House approved impeachment, and he was acquitted.

64
Q

What is the relationship between the president and the supreme court?

A

President fills nominations when there are vacancies. Doesn’t give president real power, unless a vacancy can swing the court.

65
Q

How was Bush limited by the Supreme court?

A

His decision on Guantanamo bay didn’t adhere to standards set by VCMJ, legal framework governing military trials.

66
Q

How was Obama limited by the Supreme court?

A

His use of recess appointments was ruled unconstitutional, when the court ruled that the senate must be in full recess, as the senate was only in partial recess.

67
Q

How was Trump limited by the Supreme court?

A

The court ruled that congress had a right to subpoena POTUS’ financial records, placed limits on the extent to which they could fill these vacancies. They weren’t unconstitutional, as there is executive privilege.

68
Q

How was Biden limited by the supreme court?

A

Overturning Roe v wade - Court determined that the right to abortion wasn’t a protected right based on the text of the constitution. Not unconstitutional, but a reinterpretation of the constitution.

69
Q

What are executive powers?

A

Classed as an extra constitutional power, an official document from the president that isn’t legislation, and doesn’t require approval.

70
Q

How many executive orders did FDR issue over 12 years?

A

Over 3000.

71
Q

Why may executive orders not be seen as a good long term option?

A

Because they can be reversed by another president, without legislation.

72
Q

What are some Trump examples of executive orders?

A

Muslim travel ban, withdrew the USA from the Trans - pacific partnership.

73
Q

What are some examples of Biden executive orders?

A

Reversal of Muslim travel ban, COVID mask wearing mandate.

74
Q

How many signing statements have recent presidents signed?

A

Clinton - 381. Obama - 41. Reagan - 249.

75
Q

What do critics say about signing statements?

A

They’re an overuse of presidential power, and the president should veto instead.

76
Q

Why is a signing statement different to a veto?

A

It adds to the power of the president, and the president can reject parts of the bill they’re not happy with.

77
Q

Why do congress not like signing statements?

A

They undermine congress, which may have undone debates on certain clauses.

78
Q

What is an executive agreement?

A

An agreement between heads of government of two or more nations. A president might use this power when they want to make a foreign policy decision without a treaty.

79
Q

What are some examples of executive agreements?

A

Agreement between GOTUS, and the government of Singapore. A nuclear energy deal between the GOTUK, Government of Australia, and GOTUS.

80
Q

What is a recess appointment?

A

Temporary appointment for a federal job, while the senate is in recess. The constitution states that the president and senate share the power of appointment for high level positions.

81
Q

Why do some presidents use recess appointments more than others?

A

Some don’t have a majority in congress, so they can’t always get the people they want in post.

82
Q

What are the recent examples of recess appointments?

A

Obama - 32 recess appointments. 2017 - Nine pro forma sessions set up to block Trump from making appointments.

83
Q

What is an imperial presidency?

A

Power of POTUS extends beyond constitutional limits, allows executive branch to exert control over national and international affairs.

84
Q

What is an imperilled presidency?

A

Powers of POTUS are weakened/constrained. The president struggles to exercise their authority, faces difficulties in managing executive branch. Weak executive control, congressional overreach, judicial challenges.

85
Q

What is an example of an imperial presidency in executive orders?

A

Expansion of new deal programme. LBJ - expansion of Vietnam war. Nixon - orders on wage / price controls.

86
Q

What is an example of an imperial presidency, in signing statements?

A

Reagan - Expanding the use of signing statements.

87
Q

What is an example of an imperial presidency, in executive agreements?

A

Truman - establishment of NATO. Nixon - Paris peace accords. Clinton - NAFTA.

88
Q

What is an example of an imperial presidency, in unilateral war powers?

A

Truman - Korean war. LBJ - Vietnam. Nixon - Cambodia bombing. Clinton - Kosovo.

89
Q

What are the ways in which Obama was an imperial president?

A

Use of executive orders such as DACA. Unilateral foreign policy - Libya, drone strikes. Signing statements.

90
Q

What are the ways in which Obama was an imperilled president?

A

Republican takeover of congress, obstructionism in congress, economic challenges of 2008 carried forward, foreign policy challenges.

91
Q

What are the ways in which Trump was an imperial president?

A

High volume of executive orders, travel ban, with drawl from Paris agreement, border wall.

92
Q

What are the ways in which Trump was an imperilled president?

A

Impeachments by congress, unable to repeal ACA, government shutdown, travel ban struck down.

93
Q

What are the ways in which Biden was an imperial president?

A

Many executive orders early on, rejoining Paris agreement, COVID response, student loans, foreign decisions.

94
Q

What are the ways in which Biden was an imperilled president?

A

Slim democratic majorities, had to water down legislation, courts challenging student loans. Economic challenges, Afghanistan.

95
Q

How does the USA have an imperial presidency?

A

President is commander in chief, administrative discretion, more federal bureaucracy since new deal, more executive actions, more foreign policy autonomy.

96
Q

How does the USA have an imperilled presidency?

A

Congressional gridlock, divided government, judicial challenges, legal constraints. Low approval rating, amid 24 hour news cycle. Slow implementation of policies, FP constraints.

97
Q

Which factors affect presidential success?

A

Electoral mandate, public approval, first/second term, unified/divided government, crises.

98
Q

How does an electoral mandate affect presidential success?

A

Presidents who have greater success at elections have a greater chance of success. Trump - legitimacy. He won the popular vote.

99
Q

How does public approval affect presidential success?

A

Taken between elections, if you have a higher approval rating, you find it easier to govern. Bush - 90% approval.

100
Q

How does first/second term affect presidential success?

A

Easier to have success and pass legislation in your first term. Obama - was a lame duck in his second term.

101
Q

How does unified/divided government affect presidential success?

A

Easier to pass legislation with unified government. Biden - was hard after 2022 midterms.

102
Q

What were the key policies of Bush?

A

Tax cuts, education reform, war on terror, energy independence.

103
Q

What were Bush’s controversies?

A

Iraq war, Hurricane Katrina, Handling of 2008 financial crisis.

104
Q

What were Obama’s key policies?

A

Affordable care act, economic recovery, Iran Nuclear deal, climate, climate change.

105
Q

What were Obama’s controversies?

A

Drone strikes, immigration policies, Syria.

106
Q

What were Trump’s key policies?

A

Border wall, tax cuts, renegotiated foreign policy, deregulation, judicial reform.

107
Q

What were the controversies of Trump?

A

Impeachment, handling of COVID, capitol riot, foreign relations.

108
Q

What were Biden’s key policies?

A

COVID response, infrastructure investment, climate change, foreign policy - Ukraine.

109
Q

What were Biden’s controversies?

A

Afghanistan, high inflation, border policies, student loan forgiveness.

110
Q

What are the examples of strains on presidents’ power?

A

Biden - Debt ceiling, funding for Ukraine. Reagan - Nomination for SC rejected, smoked weed. Clinton - Claim of immunity. Bush - Guantanamo Bay. Trump - Financial crisis.

111
Q

What are the other constraints on the power of the president?

A

Party support in congress, prevailing judicial philosophy of the supreme court, attitudes of the media and public opinion, the constitution.

112
Q

How does party support in congress constrain the president?

A

Presidents rely on congress to pass their legislative agenda. President’s agenda can be stalled or altered. Obama faced resistance to his healthcare plan.

113
Q

How does the philosophy of the Supreme court constrain the power of the president?

A

SC can review and strike down executive orders, regulations and policies. Conservative leaning court may favour narrow interpretation of executive power, in matters of regulation.

114
Q

How do attitudes of the media constrain the power of the president?

A

Media’s role in shaping public perception. Determines which issues receive attention, influences public opinion. President with low approval ratings has less influence over congress.

115
Q

How does the constitution affect the power of the president?

A

Checks and balances - president’s ability to appoint federal judges, cabinet members, and other officials is subject to senate confirmation. Constitution established federalism.