Executive US Flashcards
Powers of the president - propose legislation
article II gives the president the power to propose legislation to congress. This can be done at any time, for example the state of union address and at a press conference. In 2013 Obama used his state of union address to promote proposals on immigration reform and gun control. The constraints on this power is congress still needs to pass the law, which can be difficult during times of divided government
Powers of the president - submit the annual budget
the office of management budget draws up the annual budget for the president. This power is constrained as congress needs to approve the budget and if they don’t it can lead to government shutdown. For example Obama in 2013 and the longest in history in 2018.
Powers of the president - sign legislation
once bills have been passed the president can sign the bill into law. The president does this for bills they want credit for. They hold bill signing ceremonies. In 2010 Obama signed the Affordable Health Care Act into law. However this is not an influential power and it is used infrequently.
Powers of the president - veto legislation
president can use a regular veto on legislation that clears congress and can even be used as a bargaining tool. Obama used 12 regular vetoes and only one was overridden. The president can use a pocket veto but only at the end of a congressional term, like Clinton and Bush who used one in their time of office. The constraint on this power is that congress can override the veto with a 2/3 majority, like the 2016 Justice Against the sponsors of terrorism act veto by Obama which was overridden.
Powers of the president - act of chief executive
the president is granted all executive power. The president is the chief executive which means they are in charge of running the executive branch. However much of this power is delegated to agencies and departments.
Powers of the president - nominations
the president has the power to nominate officials to the executive branch and officials. The most important are the 15 executive heads of departments. However the Senate must confirm all presidential appointments. In 2017 Betsy DeVos was nominated by a single tie breaking vote by Mike Pence.
Powers of the president - pardon
in 1974 Ford pardoned Nixon for the Watergate scandal. Clinton pardoned 140 people on his last day in office, including Mark Rich. Obama only pardoned 70 people in his first seven years and 142 people in his last month. Trump pardoned Joe Arpaio in 2017. However presidents tend to only use his power at the end of their term.
Powers of the president - head of the state
role is seen in times of national tragedy. Bush played this role after 9/11 and Obama played this role after Hurricane Sandy in 2012 and after Sandy Hook Massacre in Connecticut. However if the president plays this role poorly, their approval ratings decrease, like Bush after dealing with Hurricane Katrina badly in 2005.
Powers of the the president - negotiate treaties
presidents have the power to negotiate treaties such as the START treaty with Russia, negotiated by Obama in 2010. However the Senate has the power to ratify the treaty. If 2/3 of the Senate fail to ratify the treaty then the president cannot agree to the treaty. The treaty of Versailles 1920 under Wilson and the Comprehensive Test Ban Treat 1999 under Clinton failed to get ratification.
Powers of the president - commander-in-chief
power was particularly important from 1940-80 due to the cold war. The decade 1991-2001 brought no significant foreign policy engagement by a US president. The events of 9/11 changed that and Bush found himself in the position of a wartime president and Obama was involved in the Iraq, Afghanistan, Libya and Syria. The checks by congress are questionable as they have not declared war since 1941. However congress has the power of the purse but this is not always effective.
Executive orders
Executive orders are legally binding orders given by the president. They are usually used to direct federal agencies and officials in their execution of congressionally established laws or policies. However in some cases they have been used to guide agencies and officials contrary to congressional intent. Executive orders do not require congressional approval.
Obama signed 275 executive orders. Executive orders have some constraints. Judges can question executive orders and the legality of action can be determined, for example Trump has been questioned on his executive order on immigration. The long term effect of executive orders can be undermined by other president’s executive orders. Obama issued 30 executive orders which amended or revoked other president’s executive orders and on average presidents reverse 52 executive orders. Examples of Trumps executive orders are abortion funding, Keystone XL pipeline and international trade (withdrew from Trans-Pacific Partnership).
Presidents and foreign policy
For the past 50 years, the role of commander in chief has allowed for a steady expansion of presidential powers, particularly in the area of foreign policy. The sharpest expansion was under Kennedy. The role diminished between 1980s and 1990s but this changed after 9/11.
• Roosevelt – took control of Panama Canal in 1903.
• Wilson – pushed for American entry into WWI IN 1917.
• Roosevelt – FDRs successful management in the run up to America’s action in WWII.
• Truman – made the decision to fight in Korea in 1951 without congress declaring war.
• Eisenhower – used the CIA and brinkmanship to limit the expansion of communism.
• Kennedy – ExComm established and did not contain a member of the legislature or judiciary. The successes of Kennedy strengthen the case for unilateral control.
• Johnson – gulf of Tonkin resolution 1964 gave him congressional approval to send troops to Vietnam and as the war continued Johnson made unilateral judgements. In 1965 he sent 100,000 troops without getting congressional approval
• Nixon – secretly bombed Cambodia in 1969 and chose to normalise relations with the People’s Republic of China without consulting cabinet.
War powers resolution 1973
In response to Nixon and Johnson’s conduct in Vietnam, congress passed the war powers resolution in 1973. This has been contested by every president since. It means the president needs to notify congress within 48 hours of committing armed forces, forbids deployment of troops for longer than 60 days without congresses approval and a 30 day withdrawal period, it limits the president’s ability to initiate military action to three circumstances (war, specific authorization and state of emergency).
• Ford – sent US commandos to liberate American seamen on a cargo ship seized by the Khmer Rouge. This saved 39 sailors and cost the lives of 41 soldiers
• Carter – sent a secret mission to free American hostages at the US embassy in Tehran. Carter did not justify needs for secrecy and an American helicopter crash aborted his mission confidence.
• Clinton – enforced the no fly zone in the former area of Yugoslavia and said War Powers Resolution was unconstitutional
• Bush – won congressional resolutions backing the conflicts in Afghanistan and Iraq but they should have required declarations of war, this did not happen
Does the president have too much power over foreign policy - separation of powers
the president is commander-in-chief of the armed forces. Congress has the power to declare war but this has only happened on one occasion, last time in 1941. Since the US military action has been used without declarations of war or the direct approval of congress. For example Trump sent forces to Korea without congressional authorisation, while Johnson used the Gulf of Tonkin resolution to send troops to Vietnam without declarations of war. However while congress did not declare war in Vietnam they cut the budget for military action and they pressured the executive to withdraw troops. Public opinion led Obama to consider the views of congress before military action. Despite saying in 2012 if chemicals were used in Syria he would get involved, he delayed air strike plans to receive support from congress in 2013 when chemical weapons were used.
Does the president have too much power over foreign policy - executive orders
in March 2014 Obama signed an executive order instructing officials to impose a range of sanctions on certain Russian individuals and entities as punishment for Russians actions in Ukraine. Executive orders are legally binding instructions for the officials in the executive branch. However executive orders simply instruct officials how to implement existing laws. Any power to impose sanctions comes from laws passed by congress. More significant action against Russia needed congressional approval and Congress approved $1 billion in aid for the Ukrainian government.
Does the president have too much power over foreign policy - legislation
president argued they are bound by the 1973 War Powers resolution. In the 1990s Clinton adopted this argument when he ordered military action in Bosnia and Kosovo. In 2011 members of congress attempted to block Obama’s administration from taking military action in Libya. However Obama argued the mission in Libya was restricted by the War Powers Resolution as NATO was leading military actions and US ground troops had not been deployed. However the War Powers Resolution limited the president’s power to initiate military action in three circumstances, declaration of war, specific statutory authorisation and a national emergency. It also authorised the president to use military without the consent of congress for 60 days and a 30 day withdrawal period.
Does the president have too much power over foreign policy - Supreme Court
the United States vs. Curtis-Wright Export Corp 1936 reinforced the president’s power over foreign policy. The case centred that congress authorised the president to block weapons shipments to South America. When Curtis-Wright violated the embargo, it defended themselves by staying congress gave the president too much power. The Supreme Court ruled the constitution gave the president the power to negotiate treaties and warfare. However the Supreme Court challenged the Bush administrations treatment of enemy combatants at Guantanamo Bay prison in the case Boumediene v. Bush 2008. The Supreme Court ruled against Bush as suspects had constitutional rights to habeas corpus.
Congress – fast track negotiating enables the executive to negotiate international trade deals which congress can only agree or disagree as they cannot amend it. This transfers a major constitutional power to the executive. However the Obama administration requested to fast track the Trans-Pacific Partnership, a deal with Japan and 10 other Asia-Pacific countries, but congress did not grant this power.
Does the president have too much power over foreign policy - treaties
executive agreements do not need Senate’s approval, in November2013 Obama reached a controversial deal with Iran and congress was unable to stop the deal. However international agreements require 2/3 support from Senate and not all treaties are successful like the 1999 Comprehensive Test Ban treaty.
The federal bureaucracy
This is the unelected, administrative part of the executive branch of federal government made up of departments, agencies and commissions that carry out policy on a day to day basis. By 2010 the federal bureaucracy had just fewer than 2.8 million employees with only 11% working in Washington DC. An estimate for the cost of the federal bureaucracy is around $2 trillion.