Executive/President Flashcards
What are the three categories formal powers of the President can be divided into?
Enumerated powers (explicitly granted in Article II)
Implied powers (implied by the text of the constitution)
Inherent powers (not set out in the constitution but are needed for the president to carry out their constitutional role)
What are informal powers?
Powers that have a political rather than constitutional basis.
They include the president’s role as party leader, their ability to set the political agenda, and use of direct authority by stretching their implied powers
They depend on the individuals presidential circumstances
The US president is often described as “…
the most powerful person in the world” heading the world’s largest economy, command a military superpower with a deadly nuclear arsenal and enjoy a leading role within the international community
despite all this, many presidents are deeply frustrated by the limits on their power
Who is part of the executive?
President
Cabinet
15 executive departments
60 independent federal agencies
(EXOP) - including White House Office and Security Council
Which Section of Article II of the Constitution gives the president the power to propose legislation to Congress?
Section 3
Early presidents such as George Washington hardly proposed any legislation (he proposed 3 pieces) - who is seen as expanding the role of presidency?
Franklin D. Roosevelt after the Great Depression 1933
What implied power did Roosevelt expand?
Power to use emergency powers in a national emergency
Give an example of an inherent power:
After the 9/11 attacks George W Bush’s administration argued that the president’s inherent powers gave him the authority to ignore civil liberties and anti-torture laws
What are the 5 formal powers?
- Executive powers
- The power to influence the passage of legislation through Congress
- Appointment powers
- Foreign policy
- Power to grant pardons
What are executive powers?
The president is the chief executive of the federal government meaning they control the federal bureaucracy.
P also has the power of preparing the annual budget with the Office of Management and Budget (OMB) writing it at their direction
What was Trump’s budget for the coming year in Feb 2020?
$4.8 trillion even before the costs of COVID 19 were clear !
What are the 4 powers when passing legislation (1 at the start 3 at the end)?
- Proposing legislation usually at the State of the Union Address
- Sign it
- Leave on the desk - effectively becomes law after 10 days unless the congressional session ends during these days (pocket veto)
- Veto - Biden has vetoed 10 and so did Trump
What are the 2 appointment powers?
- Nominating officials to key posts in the executive (about 4,000 positions and more than 700 are confirmed by the Senate)
- Nominating federal judges including to the Supreme Court
Foreign policy powers: What role does the President play?
Commander-in-chief of the US military
Although the Constitution and War Powers Act 1973 sets out only Congress has the power to formally declare war, this has not been done since ___ despite regular US military action
1941
The most deadly power of the P is the use of…
nuclear weapons - carries the ‘nuclear football’
Only 1 president has used nuclear weapons. Which one and when?
August 1945 Truman end of WW2 on Hiroshima and Nagasaki killing over 250k people
What is the power to grant pardons?
Pardoning anyone that has been convicted of a federal crime - e.g. Ford pardoned his predecessor Nixon for any crimes he ‘might’ have committed
Congress said in September 2023 there would be NO chance Biden would be able to pardon his son Hunter - failed to pay $1.4 million in taxes
Biden pardoned thousands of prisoners convicted of marijuana possessions Dec 2023 - promising equal justice
Also commutations which releases the prisoner but doesn’t formally pardon them - Obama 330 on last day in office
Give 2 examples of a president using special forces to kill terrorist leaders:
Obama with Osama bin Laden, leader of al Qaeda
Trump authorising a drone strike to kill a top Iranian general Qasem Soleimani in 2020 which led to military retaliation in Iran
Which president was largely criticised for using the power of the pardon?
Bill Clinton who pardoned his brother for a drug offence and pardoning wealthy supporters - 140 pardons on his last day in office !!! (pardongate)
Who claimed they could pardon themself?
Trump in a tweet in 2018
Who else did Trump controversially pardon in 2020?
His friend and adviser Roger Stone who was convicted of obstructing the investigation into Russian interference in the 2016 P election
What are the 5 informal powers?
- Power to persuade
- Deal-making
- Setting the agenda
- De facto party leader
- World leader
Which professor argued ‘Presidential power is the power to persuade’?
Professor Richard Neustadt
When is the power to persuade at its easiest?
In times of unified government (e.g. 115th Congress under Trump and 117th Congress under Biden) and high supporting ratings of the president - Trump Congress support score of 98.7% in 2017
Biden’s support score 94.9% in 2022 (Congress(wo)men voting with him) vs 70.4% in 2023 (when Reps took the Senate however 95% of Dem senators in 2023 stuck with Biden) - info by the CQ Roll Call’s annual vote studies
Biden’s popularity with the public has gone down to 41% currently vs 49% in 2020 (Trump 42% vs 45% in 2020)
What type of deal-making does the president engage in?
Deal-making with politicians such as offering to support a policy a legislator is championing or deliver funding to their home or district
Also bipartisan deal-making is essential during periods divided government avoid gridlock e.g. Trump and the First Steps Act 2018 and 2019 trade deal with Mexico and Canada
Trump also made concessions to allow a $1.4 trillion spending bill to pass in Dec 2019 avoiding a repeat of the 35 day government shutdown
Where does the P informally set the agenda?
Through the media and speeches - they decide what issues are discussed by journalists, political commentators and the public
What did Trump controversially say in 2019 about the ‘Squad’ ?
They should ‘go back and help fix the totally broken and crime infested’ countries they came from - was condemned as racist and insulting
What other controversial messages did he spread?
That the Squad were ‘socialist’ and ‘radical left’
Chinese virus
Claiming the 2020 election had been ‘stolen’ and inciting the storming of the Capitol on 6th Jan 2021
What is de facto party leader?
The P is informally the head of their party so can influence its membership
Particularly helpful if the presidents party controls BOTH houses of Congress but does not always guarantee they will get their legislation through as we saw with Trump and his proposed repeal of Obamacare which failed in the first 100 days
Why is being the world leader so significant?
Because the USA is the most powerful liberal democracy and military superpower in history with the P often described as the ‘leader of the free world’
US dominated global politics and international institutions such as the UN, NATO (however Trump wanted to break ties) and WTO
Which president led the US and western democracies into the cold war (1945-91) against the USSR?
Reagan
What 3 international agreements did Trump withdraw the US from?
Paris Agreement
Iran nuclear deal
Terminated the relationship with WHO (World Health Organisation)
What 3 powers were created by stretching the president’s implied powers to create a new set of informal powers?
- Executive orders
- Signing statements
- Executive agreements
Give 3 examples of executive orders and 1 problem with them.
Roosevelt record of 3,721
Bush controversial anti-terror measures after 9/11
Obama increasing the federal minimum wage and outlawing discrimination against married same-sex couples by health insurance companies
Trump criticised Obama for using them as ‘power grabs’ but Trump ended up issuing more in his first 3
years than Obama did in 8!
Obama’s executive order on advancing women’s health research and innovation (March 2024)
They can be reversed by future presidents (but can set a precedent)
What do presidents sign statements for?
When they sign a bill into law but wish to comment on it (can be positive or negative)
Can achieve a line-item veto (vetoing a portion of the bill) but this was ruled unconstitutional by the SC in 1996
For example Trump used one to criticise a 2017 bill imposing sanctions on Russia, Iran and North Korea, claiming it affected his constitutional powers to conduct foreign policy