Executive Branch - Scriven Flashcards
Explain and analyse the informal powers - 9 marks
1- executive orders
Issued by president that carry the force of law e.g Clinton’s don’t ask don’t tell’
2- executive agreements
International agreements usually related to trade - does not need senate approval e.g Jefferson’s purchase of Louisiana 1803
3- executive privilege
Claim by president whether it is best if info in withheld from public including courts and congress
E.g USA v Nixon
Explain and analyse 3 features of presidential power - 9 marks
1- formal powers
Expressed/outlined in the Constitution
Commander in chief
Chief executive = faithfully execute laws
Chief legislature = deliver SOUA
2-informal powers
Not written
Executive orders, privilege and agreements
Similar to necessary and proper powers of congress
3- first 100 days
More likely to be sucessful
Obama care
Seen to have a mandate
Examples of presidential abuse of power
FDR - threatening to pack the supreme court - broke 2 term limit
LBJ - gulf of Tonkin - blank cheque
Nixon - watergate
Reagan - Iran contra
What is overshoot and collapse
Theory defends the us constitution from the charge that it has not been able to prevent successive us presidents from abusing the constitutional power allocated to them
FDR’s overshoot/collpase
O= broke the convention that presidents should only serve 2 terms
C= congress pass 2nd amendment limiting the president to 2 terms in office
Features of presidential power
Formal/infomal powers
First 100 dats
Overshoot/collpase
Theories of presidential success
Notable executive orders
Lincoln - emancipation proclamation 1862
Clinton - ‘don’t ask don’t tell’ 1993
Trump - the wall and Muslim travel ban 2017
Incumbency factor voting behaviour
The person already holding office is more likely to win office than the challenger
Incumbent attracts more campaign money and president obviously appears more presidential
Qualifications to become president
Natural born citizen of usa
35+
Served 14years as a resident of usa
Win electoral college
How is EXOP made up (executive office of president)
National security council: responsible for national security and foreign policy, military and intelligence advisors will participate, includes president, VP, Secretary of State, secretary of defence and NSA
White House office: headed by White House chief of staff, act as assistants of president who work to protect interests
Office of management + budget: OMB is the largest in executive office, it produces budget, oversees financial aspect of the implementation of presidents policy agenda
Director of exop must be confirmed by senate vote
State of union address
50 to 80% of all bills considered by Congress cover the stump of executive branch
Established in 1950s
Bowles ‘this power to recommend is the foundation for presidential leadership of Congress’
Early time that Congress the Supreme Court and the president work together
Very high TV ratings ‘bully pulpit’
Significant addresses
LBJ- war on poverty 1964
George W bush - the axis of evil- North Korea, Iran, Iraq 2002
Veto
Allows the president to block congressionally initiated legislation/ amendments
Threat of veto can influence legislation
Reagan repeatedly threatened to veto bills that increased social programme spending
Pocket veto (is allowed ten days to consider a bill so can ignore bills that arrive with less than 10 days of congressional session)
Congress can override a veto with a 2/3 majority in both houses - very rare
Notable vetos
1974- Ford vetoed a bill that would strengthen the Freedom of Information act
1986- Reagan pocket vetoed the Clean Water Act
1996- Bill Clinton vetoed a bill that would prohibit partial birth abortion
2006- Bush vetoed a bill that would have lifted restrictions on federal funding for embryonic stem cell research- Obama passed
2016- abama vetoed 9/11 victims suing Saudi Arabia - veto override
National security council -exop
Responsible for national security and foreign policy
Formed by president, vice president, Secretary of State, secretary of defence and national security advisor
To both military and intelligence advisers
White House office -exop
Headed by White House chief of staff
Made up of assistants of presidents who oversee policy
Political matters
Protects interests of president
Office of management and budget-exop
OMB is largest department within the executive office
Main responsibility is to produce the budget
It overseas all financial aspects of their implementation of presidents agenda
Assesses the effectiveness of government programmes
Director of exop must be confirmed by a senate vote
Ways the president can be removed from office
Impeachment for high crimes
Death
Resignation
Voted out by congress due to inability to Cary out office duty
Notable first 100 days legislation
Ford pardoned Nixon
JFK ordered bay of pigs
On day 1 Reagan announced release of us diplomats being held hostage in Iran
Imperial presidency modern dat examples
FDR- threatened to pack the Supreme Court and elected to four terms in office
Truman- atomic bomb and committed troops to Korean War
JFK- secret agreement with USSR to end Cuban missile crisis
LBJ- gulf of Tonkin - blank cheque
Nixon- Watergate
Evidence of imperial presidency
Amount of staff in office has increased with lack of accountability
President is relying on personal advisors not cabinet
Many appointments to executive office are not confirmed by Senate
President possesses huge power over foreign policy
President only accountable at election time or impeachment
Reagan’s reliance on special advisers especially Iran Contra Affair
Author Schlesinger jr main concerns
Office of president is out of control
It has breached the limits set out by the constitution
Criticisms of imperial theory
The executive office by comparison with the rest of the federal bureaucracy is relatively small
Executive controls that are introduced post Nixon include: the Government Accountability Office and the Congressional Budget Office
Reassert cheques and balances
Imperilled presidency?
Politics of reconstruction
A president is elected to lead an era of reconstruction- old ideas on how to run the country is replaced by new ones – a new regime begins (roosevelt’s new deal)