Executive Flashcards
What are the formal powers of the president?
Executive powers, power to influence the passage of legislation through congress, appointment powers, power to grant pardons.
How is executive power a formal power of the president?
President - Singular executive, sole executive authority. PM - Collective executive, primus inter pares.
How is the power to influence legislation a formal power of the president?
President’s powers are more limited - congress develops its’ own programme. Executive is part of legislature in the UK.
How are appointment powers a formal power of the president?
President requires senate approval to appoint positions to executive branch. President has the right to nominate federal judges.
How is foreign policy power a formal power of the president?
POTUS is commander in chief, monarch is in the UK - PM makes decisions. President can’t declare war, congress does.
How is the power to grant pardons a formal power of the president?
President has power to pardon. Monarch can issue a royal pardon.
What are the informal powers of the president?
Power to persuade, deal making, setting agenda, de facto party leader, world leader, executive orders, signing statements, executive agreements.
How is the power to persuade an informal power of the president?
Persuade senators in congress to vote with them, for their appointments.
How is deal making an informal power of the president?
Negotiating with congress, international agreements, crisis management, negotiating with cabinet.
How is setting the agenda an informal power of the president?
State of the union, public speeches and media influence, policy proposals, executive orders, managing national crises.
How is being de facto party leader an informal power of the president?
They are the national figurehead of their party, and they control the direction of the party, control the party platform.
How is being world leader an informal power of the president?
Most powerful person in the world. PM - Not as important as a leader.
How are executive orders an informal power of the president?
Derived from authority granted to the president by the constitution. Historical precedent - emancipation proclamation.
How are signing statements an informal power of the president?
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.
How are executive agreements an informal power of the president?
Empower the president to handle foreign policy effectively, don’t require senate approval. Obama - Paris agreement.
How is bureaucratic power an informal power of the president?
PM and president are chief executives for government bureaucracy. President heads federal government and federal agencies. PM controls civil service.
What is the cabinet?
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.
What was Biden’s cabinet?
VP - Kamala Harris. Defense - Lloyd Austin. State - Antony Blinken. Treasury - Janet Yellen. COS - Jeff Zients.
What are the different recruiting pools for the cabinet?
Congress, governors, city mayors, academia.
What is an example of cabinet coming out of congress?
First trump admin - five members of congress. Marco Rubio - Second term.
What is an example of a governor serving in the cabinet?
Sonny Perdue and Rick Perry - Trump.
What is an example of a mayor serving in the cabinet?
Anthony Foxx and Julian Castro - Trump. Buttigieg - Biden.
What are the examples of academia serving in the cabinet?
41% of white house staffers had ivy league degrees.
Which people are unsuitable to serve in the cabinet?
Some don’t have experience in the area they’re responsible for. Alex Azar had no previous experience in human health.
What are the functions of cabinet meetings?
Personal contact, resolve disputes, speak to president, present ‘big picture’ ideas, team spirit, exchange information, policy debate.
What are the reasons the president’s cabinet is important?
President asks for advice from cabinet. Most important people in the executive branch. Some presidents hold frequent meetings, all HOD’s are departments.
What are the reasons the president’s cabinet isn’t important?
They don’t meet very often, president can select anyone, depends on president. No doctrine of collective responsibility, not political equals or rivals.
What is EXOP?
The president’s closest advisors, where administrative support for the president can be found.
What are the different EXOP departments?
National economic council, Office of management and budget, office of policy development, national security council, council of economic advisors, office of homeland security.
What is the role of EXOP?
Policy advice, manage the president, oversee departments, relations with congress, specialist functions.
How does EXOP provide policy advice?
Executive branch agencies who provide advice, help, co-ordination and administrative support.
How does EXOP manage the president?
Chief of Staff oversees the actions of WH staff, manages POTUS’ schedule.
How does EXOP oversee departments?
Can take control of cabinet to ensure they follow presidential priorities. OMB reviews spending of all federal departments.
How does EXOP provide relationships with congress?
Specialist advice and support in dealing with congress. Develops strategies to advance presidents’ legislative achievements. Obama used Biden.
How does EXOP have specialist functions?
Can create offices with a mandate related to their special interests. Obama - office of faith based and neighbourhood partnerships.
What is the role of the Chief of Staff?
Managerial advisory role - selecting key white house staff and supervises white house staff.
What did Ron Klain do?
Achieved legislation such as the infrastructure investment act, and the American rescue plan.
What did Trump do with his chiefs of staff?
Made many key decisions without his chief of staff, as they failed to bring order to his administration.
What is the OMB?
Advises the president on allocation of federal funds in budgets. Director oversees spending of all federal departments.
How long does the OMB take to go through the budget process?
Two years - beginning with disassociation between the president, the OMB and departments.
What is the National security council?
Acts an an ‘honest broker’ giving accurate information. Was originally invented for the cold war, there are other issues now.
Why might a national security advisor make a poor secretary of state?
They’re more of a private consultant, and the SOS is a public figure, and the SOS could have other ambitions.
Who are some notable national security advisors?
Susan Rice, Henry Kissinger, Michael Flynn, Jake Sullivan.
Why are Exop-Cabinet rivalries likely to exist?
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.
What is the power of persuasion?
President needs good relationships to be able to convince people that supporting his policy is a good idea.
How can the president persuade through people?
Vice President, Members of the OLA, Cabinet officers, party leadership.
How can the vice president persuade?
Biden became the lead on negotiations in congress, helped pass the economic rescue package.
How can members of the OLA persuade?
They’re full time lobbyists for the president, and meet with members of congress, and senior members of staff.
How can cabinet officers persuade?
They can be deployed for negotiations in their own policy areas. Rod Paige - Education reform package.
How can party leadership persuade?
President can work through party leadership. Speaker, majority leader, minority leaders, whips.
What are the persuasions through perks?
Pork barrel politics, endorsement, funding for re-election.
What did Obama have to do in order to pass bills?
Had to amend legislation to make it palletable for Republicans. Invitation to bill signings, dinner at the white house, trips on air force one.
How has increased partisanship made persuasion harder?
Parties don’t align on many issues anymore.
How does the president still have the power to persuade?
They can persuade through public address, they can build personal relationships, offer concessions, threaten to veto, have the public on side.
How does the president no longer have the power to persuade?
Congress has the authority to legislate independently, lack of political capital, competing priorities for house members, internal party factions, strong committees.
What are the limits on presidents’ power from congress?
Amend, delay or reject proposals, override presidents’ veto, declare war, refuse to ratify treaties, reject nominations, impeach and remove president.
What is an example of congress amending, delaying or rejecting proposals?
Affordable care act - numerous amendments were made.
What is an example of congress overriding the presidents’ veto?
TASTA - Obama vetoed the bill. Senate voted 97-1. House - 348-77.
What is an example of congress declaring war?
World war I, world war II.
What is an example of congress refusing to ratify treaties?
Treaty of Versailles - Senate voted against.
What is an example of congress rejecting nominations?
Neela Tandea - OMB - Faced opposition due to past comments about some senators.
What is an example of congress investigating the presidents’ actions and policies?
Trump - Ukraine. Trump urged Zelensky to investigate Biden, led to impeachment.
What is an example of congress impeaching a president?
Clinton affair - House approved impeachment, and he was acquitted.
What is the relationship between the president and the supreme court?
President fills nominations when there are vacancies. Doesn’t give president real power, unless a vacancy can swing the court.
How was Bush limited by the Supreme court?
His decision on Guantanamo bay didn’t adhere to standards set by VCMJ, legal framework governing military trials.
How was Obama limited by the Supreme court?
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.
How was Trump limited by the Supreme court?
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.
How was Biden limited by the supreme court?
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.
What are executive powers?
Classed as an extra constitutional power, an official document from the president that isn’t legislation, and doesn’t require approval.
How many executive orders did FDR issue over 12 years?
Over 3000.
Why may executive orders not be seen as a good long term option?
Because they can be reversed by another president, without legislation.
What are some Trump examples of executive orders?
Muslim travel ban, withdrew the USA from the Trans - pacific partnership.
What are some examples of Biden executive orders?
Reversal of Muslim travel ban, COVID mask wearing mandate.
How many signing statements have recent presidents signed?
Clinton - 381. Obama - 41. Reagan - 249.
What do critics say about signing statements?
They’re an overuse of presidential power, and the president should veto instead.
Why is a signing statement different to a veto?
It adds to the power of the president, and the president can reject parts of the bill they’re not happy with.
Why do congress not like signing statements?
They undermine congress, which may have undone debates on certain clauses.
What is an executive agreement?
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.
What are some examples of executive agreements?
Agreement between GOTUS, and the government of Singapore. A nuclear energy deal between the GOTUK, Government of Australia, and GOTUS.
What is a recess appointment?
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.
Why do some presidents use recess appointments more than others?
Some don’t have a majority in congress, so they can’t always get the people they want in post.
What are the recent examples of recess appointments?
Obama - 32 recess appointments. 2017 - Nine pro forma sessions set up to block Trump from making appointments.
What is an imperial presidency?
Power of POTUS extends beyond constitutional limits, allows executive branch to exert control over national and international affairs.
What is an imperilled presidency?
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.
What is an example of an imperial presidency in executive orders?
Expansion of new deal programme. LBJ - expansion of Vietnam war. Nixon - orders on wage / price controls.
What is an example of an imperial presidency, in signing statements?
Reagan - Expanding the use of signing statements.
What is an example of an imperial presidency, in executive agreements?
Truman - establishment of NATO. Nixon - Paris peace accords. Clinton - NAFTA.
What is an example of an imperial presidency, in unilateral war powers?
Truman - Korean war. LBJ - Vietnam. Nixon - Cambodia bombing. Clinton - Kosovo.
What are the ways in which Obama was an imperial president?
Use of executive orders such as DACA. Unilateral foreign policy - Libya, drone strikes. Signing statements.
What are the ways in which Obama was an imperilled president?
Republican takeover of congress, obstructionism in congress, economic challenges of 2008 carried forward, foreign policy challenges.
What are the ways in which Trump was an imperial president?
High volume of executive orders, travel ban, with drawl from Paris agreement, border wall.
What are the ways in which Trump was an imperilled president?
Impeachments by congress, unable to repeal ACA, government shutdown, travel ban struck down.
What are the ways in which Biden was an imperial president?
Many executive orders early on, rejoining Paris agreement, COVID response, student loans, foreign decisions.
What are the ways in which Biden was an imperilled president?
Slim democratic majorities, had to water down legislation, courts challenging student loans. Economic challenges, Afghanistan.
How does the USA have an imperial presidency?
President is commander in chief, administrative discretion, more federal bureaucracy since new deal, more executive actions, more foreign policy autonomy.
How does the USA have an imperilled presidency?
Congressional gridlock, divided government, judicial challenges, legal constraints. Low approval rating, amid 24 hour news cycle. Slow implementation of policies, FP constraints.
Which factors affect presidential success?
Electoral mandate, public approval, first/second term, unified/divided government, crises.
How does an electoral mandate affect presidential success?
Presidents who have greater success at elections have a greater chance of success. Trump - legitimacy. He won the popular vote.
How does public approval affect presidential success?
Taken between elections, if you have a higher approval rating, you find it easier to govern. Bush - 90% approval.
How does first/second term affect presidential success?
Easier to have success and pass legislation in your first term. Obama - was a lame duck in his second term.
How does unified/divided government affect presidential success?
Easier to pass legislation with unified government. Biden - was hard after 2022 midterms.
What were the key policies of Bush?
Tax cuts, education reform, war on terror, energy independence.
What were Bush’s controversies?
Iraq war, Hurricane Katrina, Handling of 2008 financial crisis.
What were Obama’s key policies?
Affordable care act, economic recovery, Iran Nuclear deal, climate, climate change.
What were Obama’s controversies?
Drone strikes, immigration policies, Syria.
What were Trump’s key policies?
Border wall, tax cuts, renegotiated foreign policy, deregulation, judicial reform.
What were the controversies of Trump?
Impeachment, handling of COVID, capitol riot, foreign relations.
What were Biden’s key policies?
COVID response, infrastructure investment, climate change, foreign policy - Ukraine.
What were Biden’s controversies?
Afghanistan, high inflation, border policies, student loan forgiveness.
What are the examples of strains on presidents’ power?
Biden - Debt ceiling, funding for Ukraine. Reagan - Nomination for SC rejected, smoked weed. Clinton - Claim of immunity. Bush - Guantanamo Bay. Trump - Financial crisis.
What are the other constraints on the power of the president?
Party support in congress, prevailing judicial philosophy of the supreme court, attitudes of the media and public opinion, the constitution.
How does party support in congress constrain the president?
Presidents rely on congress to pass their legislative agenda. President’s agenda can be stalled or altered. Obama faced resistance to his healthcare plan.
How does the philosophy of the Supreme court constrain the power of the president?
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.
How do attitudes of the media constrain the power of the president?
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.
How does the constitution affect the power of the president?
Checks and balances - president’s ability to appoint federal judges, cabinet members, and other officials is subject to senate confirmation. Constitution established federalism.
