Executive Branch - Scriven Flashcards

1
Q

Explain and analyse the informal powers - 9 marks

A

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

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2
Q

Explain and analyse 3 features of presidential power - 9 marks

A

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

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3
Q

Examples of presidential abuse of power

A

FDR - threatening to pack the supreme court - broke 2 term limit
LBJ - gulf of Tonkin - blank cheque
Nixon - watergate
Reagan - Iran contra

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4
Q

What is overshoot and collapse

A

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

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5
Q

FDR’s overshoot/collpase

A

O= broke the convention that presidents should only serve 2 terms
C= congress pass 2nd amendment limiting the president to 2 terms in office

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6
Q

Features of presidential power

A

Formal/infomal powers
First 100 dats
Overshoot/collpase
Theories of presidential success

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7
Q

Notable executive orders

A

Lincoln - emancipation proclamation 1862
Clinton - ‘don’t ask don’t tell’ 1993
Trump - the wall and Muslim travel ban 2017

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8
Q

Incumbency factor voting behaviour

A

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

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9
Q

Qualifications to become president

A

Natural born citizen of usa
35+
Served 14years as a resident of usa
Win electoral college

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10
Q

How is EXOP made up (executive office of president)

A

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

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11
Q

State of union address

A

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’

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12
Q

Significant addresses

A

LBJ- war on poverty 1964
George W bush - the axis of evil- North Korea, Iran, Iraq 2002

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13
Q

Veto

A

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

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14
Q

Notable vetos

A

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

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15
Q

National security council -exop

A

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

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16
Q

White House office -exop

A

Headed by White House chief of staff
Made up of assistants of presidents who oversee policy
Political matters
Protects interests of president

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17
Q

Office of management and budget-exop

A

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

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18
Q

Ways the president can be removed from office

A

Impeachment for high crimes
Death
Resignation
Voted out by congress due to inability to Cary out office duty

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19
Q

Notable first 100 days legislation

A

Ford pardoned Nixon
JFK ordered bay of pigs
On day 1 Reagan announced release of us diplomats being held hostage in Iran

20
Q

Imperial presidency modern dat examples

A

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

21
Q

Evidence of imperial presidency

A

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

22
Q

Author Schlesinger jr main concerns

A

Office of president is out of control
It has breached the limits set out by the constitution

23
Q

Criticisms of imperial theory

A

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?

24
Q

Politics of reconstruction

A

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)

25
Politics of articulation
The president that follow this believe in the regime and to to expand/develop e.g Johnson’s segregation
26
Politics of preemption
After a number of years in the regime comes under question and begins to be challenged- a president is elected who seeks to replace it but the regime is still strong enough to survive
27
Politics of disjunction
Popular support for the regime is crumbling- presidents here support the old regime but represent the end of iT – they are disjunctive(weak presidents)
28
Political time - skowronek thesis
A presidents power can be explained by their position within political time and their affiliation towards the regime
29
Personal ability - the neustadt theory
‘The power of the president is the power to persuade’ Electorate - charisma Us media Congress - political bargaining Own administration World leaders - political bargaining
30
Presidential style - stoessinger thesis
Crusaders- conviction politicians with reforming agenda/ vision e.g wWoodrow Wilson, Richard Nixon, barrack Obama Pragmatists- political realists who adjust to changing events/ circumstances e.g JFK, Lyndon Johnson, bill Bill Clinton Pragmatists are more likely to succeed than crusaders also those who focus on foreign policy above domestic policy
31
The legacy of watergate
The system had worked- the president had been held accountable to the law The transfer of power had been smooth Watergate also caused a widespread distrust of government and the attitude that all politicians are the same Gerald Ford- ‘our constitution works’ Constitutional defence theory – ‘overshoot and collapse’
32
Nixons abuses of power
Using of government agencies to support his election campaign- FBI and CIA used to spy on political opponents Abused constitutional rights of U.S. citizens- bogging and wiretapping and hacking personal info Conspiracy to burgle- authorised break in at the headquarters of Democrat party(Watergate building) Perverting the Court of Justice - hush money used to pay the witnesses Pursuing a secret foreign policy use of palm in Vietnam Bombing Loas and Cambodia Perverting the course of justice - claiming executive privilege when asked by Congress and Supreme Court to hand over the tapes
33
Restrained definition
The PM in the UK or president in the USA faces cheques on the power they hold from other parts of the political system or internal and external factors during their time in office
34
Unrestrained definition
The PM UK or president in the USA is the dominant influence within the political system and faces very limited cheques to the power they hold
35
Evidence where president is restrained
Constitution imposes A 2 term limit Nixon forced to resign or face impeachment Response to Watergate (war powers act) By the constitution - Bill of Rights and checks and balances High likelihood of a president facing divided government Judicial review e.g Muslim travel ban Reserved powers of Congress/ control of purse Congress must approve appointments and ratified treaties ‘advise and consent powers’ 1989 Senate rejected John tower, reagan's choice for defence - 1919 Senate refused to ratify TOV Government shutdown - Obama 2003 budget Impeachment threat forced Nixon to resign Federalism- key powers held by individual stateS- policing, schools etc
36
Evidence where president is unrestrained
Executive orders and executive agreements The imperial presidency 1933 to 74 Appointment power to Supreme Court can alter ideological composition Commander in chief of army Doesn't face rivals in cabinet Informal powers Extensive support from EXOP Reagan and Iran Contra Since 1973 all presidents have broken war powers act Failed impeachment Clinton 1998 and trump x2 2020
37
Evidence where the pm is restrained
In the UK parliament is soveriegn Boris Johnson removed from office by his own party Pms never the important of party unity for their electoral prospects Can be stalked by big beast for leadership E.g Blair/brown Coalition agreement- cameron had to appoint lib dem to cabinet Can face civil service resistance Coalition/ minority government/ supply and confidence Damage of high profile ministerial resignations – Blair =cook/short Faces official opposition party in parliament James Callaghan- Commons vote of no confidence forced labour into a general election they lost Liaison committee- PM has appeared before annually since 2002 Need to maintain support of party- Thatcher and Johnson lose support of own party Need to maintain media and public support E.g Boris and party gate Scrutiny under estimated PM not head of state the monarch is Ultra vires – bulger case Devolved govt - different lock down rules in different parts of uk
38
Evidence where the pm is unrestrained
No term limits Blair as PM did not lose a vote in the House of Commons due to huge majority Patronage powers- PM can promote BB into government and senior colleagues into cabinet Relative weakness of parliamentary scrutiny E.g PMQ and committees Large majorities in Chile PMS from big beast rebellions (Blair and anti terror legislation) Control of cabinet- chairs meetings and sets agenda Ease of change through statute law- House of Lords Reform Act and devolution, constitutional Reform Act 2005 House of Commons is adviserial Increasing presidential style of PM- more bilateral meetings Party MP's elected on party manifesto and highly likely to back this in parliament
39
War powers act -1973
Passed in response to the investigations into Watergate and gulf of Tonkin - congresses blank cheque to Lyndon Johnson over Vietnam - Nixon secret bombing campaigns against Cambodia and loas President must notify Congress within 48 hours of committing armed forces to military action Armed forces can only remain deployed abroad for 60 days By day 60 the president must have gained congressional approval for them to remain If approval not grantEd they have 30 days to organise withdrawal of U.S. troops The resolution was passed by 2/3 overriding the veto of Richard Nixon
40
Violations of war powers act
Clinton - Somalia, Iraq, Bosnia, Kosovo, Haiti, Yugoslavia W bush - Iraq, Afghanistan Obama - Libya, Syria, Iraq, Afghanistan Trump - Iraq, Afghanistan, Yemen, Iran
41
Controversy of war powers act
All presidents have gone on record to say it's unconstitutional Congress claimed the right under the necessary and proper clause Presidents claim interferes with their power as commander in chief Breach of separation of powers? Congress have never challenged presidential breaches of the war powers act through the Supreme Court - fear they will declare the law unconstitutional
42
Explain and analyse three roles of the VP - 9 marks
1- Presiding officer of the Senate Votes in Senate deadlocks Cheney voted to protect Bush’s 1.6 billion tax cut Kamala Harris- biden's vice president 2020 Senate elections- Senate was divided 50/50 American rescue plan passed due to Harris Most use of the tiebreak vote in their first year=15 Most tie breaking votes in a single day=4 Most high breaking votes buying vice president ever=31 2- Announces Electoral College result January 2001 al gore announces his own defeat First time president had to announce his defeat since Nixon 1961 Go rejected 20 objections from 14 Democrat House members Most democratic members of the congressional Black Caucus challenged the result from Florida 3- first in line of succession If president dies resigns or is removed from office Has happened 9 times - 8 deaths 1 resignation Bush and Biden were both vice president who went on to become president in his own right 4- acting president 25th amendment Cheney was president for 2h while bush was sedated 2002/2021 - bush and Biden Not invoked when Reagan was shot in 1981 - George h bush
43
Arguments for us cabinets being helpful/useful
The cabinet is handpicked by the president and he can choose anyone- they are more experienced than UK cabinets e.g Steven chu energy secretary has a Nobel Prize in physics (Obama) Obama said he wanted to create a team of rivals to give him critical advise e.g Hillary Clinton/ Robert gate who was in Bush's cabinet as defence secretary Cabinet reshuffles - 2014 Catherine sibelius resigned as health secretary after the disastrous rollout of obama care Clinton said he wanted a cabinet which looked like America
44
Arguments against us cabinets being helpful/useful
Most cabinet positions are tough short lived and not particularly prestigious E.g e Eric schmidt chairman of Google turn down Obama's offer of Treasury Secretary Unlike UK cabinet there is no doctrine of collective responsibility- not united by party loyalty or shared ideology The president's main source of advice is the EXOP they have greater proximity to the president and will provide him with daily advice this can lead to cabinet secretaries being left out the loop EG Colin Powell Secretary of State Presidency their cabinet on average 6 times per year but they tend to have fewer as their agenda moves to foreign policy and their legislative success becomes less likely
45
Reasons why pm is more powerful
Not restricted to 2-term limit Have more power over devolution Large majorities means legislation can be passed easily Far fewer cheques and balances/ separation of powers Easier to pass legislation Unified government Congress can refuse presidential budget/ refused project funding PM can dissolve parliament and control the day of general election
46
Reasons why president is more powerful
Can appoint anyone to cabinet Not first among equals they're just first Head of state Informal powers like executive orders/ agreements Veto Impeachment has proved impossible EXOP is well resourced Personal advisors – NSA Bigger country = bigger resources Chief of the largest military in the world
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