Executive USA Flashcards
Which Amendment limited Presidents to 2 terms?
22nd
2 reasons for growth of Presidency from 30s to 70s
Depression needing federal government intervention, and ‘world’s policeman’ idea post-1945 where President controls foreign policy as it is he who the people gather around in times of war
Schlesinger 1973
‘Imperial presidency’ as executive dominance of Congress in foreign policy - also used with Bush
Example of 70s growth of Congress in terms of resources
Setting up of Congressional Budget Office in 1974 to combat OMB expertise
3 examples of 70s growth of congressional power in terms of power over executive
Case Act of 1972 (President has to inform Congress of executive deals with states), War Powers Resolution of 1973 (overriding Nixon veto, limiting Presidents power to enter war), Budget and Impoundment Control Act 1974 (President cannot impound money agreed by Congress)
2 examples of 70s growth of congressional powers in terms of directly attacking Nixon
2 failures to pass SC nominees (first since Hoover) and threats of impeachment
Ford’s evaluation of Presidency
‘Imperilled presidency’ both in terms of growth of Congress and executive overload of complex demands
What powers does Congress have over the President?
Defeat legislative/budgetary proposals, oversight on their activities, not confirm appointments/treaties, override vetos, impeachment
2 20th century examples of SC power of executive
United States v Nixon in 1774 forcing tapes to be handed over, and the Steel Seizure Case overruling Truman’s nationalisation of steel mills in 1952
When does the President really show it’s weakness in terms of passing legislation?
Lame-duck period where Congress is more focussed on their own election than supporting the President on risky enterprises
Name for two presidencies
Bifurcated presidency, strong in foreign policy, less so (apart from at start of term) with domestic policy
How can the Presidency persuade?
Congressional Liaison Office in West Wing, inviting members of Congress to WH or Camp David, campaigning or not with members to give them an electoral boost, bully pulpit mass media style of getting public support for initiatives (TV broadcasts, fireside chats)
How can the timings of the President in their presidency affect their success?
Stronger in honeymoon period of first 100 days, rather than second term or full lame-duck
How can the people affect the success of a President?
High public approval (Bush 90% post 9/11 to 26% at end of term) can help President, and strong electoral mandate can help unlike with Obama who received less votes in 2012 than in 2010
How can Congress affect the success of a President?
Having long electoral coat tails with a majority in Congress helps such as with Obama in 2009, as can being able to effectively convey the priorities of the President to Congress
How can the individual President themselves affect the success of the presidency?
Previous role as insider (Obama) who has links with Congress, and desire to play the political game (not Obama, but Bush with Ted Kennedy with No Child Left Behind)
2 examples of external factors influencing recent presidencies?
Bush wrapping himself in the flag with Congress/SC deferring in Patriot Act, while Obama not getting Syrian Air Strikes supported in Congress shows his weakened mandate (as he needed to call a vote) and lack of Congress to see crisis in Syria in 2014
Why did a new imperial presidency grow under Bush?
9/11, cohesive conservative Republican Congress up to 2006 which controlled the committees (so no government oversight), and SC which did not enter into controversial cases
Examples of new imperial presidency
Personal freedoms/privacy impinged on by Patriot Act, no due process in Guantánamo Bay, Homeland Security Department, 77/23 Iraq War in Senate, increased use of executive orders/privilege/signing statements
Why had Bush lost support of Republicans by 2008?
Big-government conservatism and large deficit not popular
Which factors helped Obama with Congress in 2009?
Washington insider, huge personal mandate, high approval rating (ideas of hope and change) and good charisma and ability to persuade
Which factors made congressional success difficult for Obama?
Afghanistan war/Middle East troubles, economic depression/loss of AAA debt rating, criticisms from right and left for not being with them, less than 60 in Senate
Truman quote on presidency
The buck stops here
How is the role of the VP limited?
In terms of the Constitution, they are only President of the Senate and can broker a tie
2 examples of more powerful role of VP recently
Dick Cheney seen as more powerful than Bush with defense in particular, and Biden with policy initiatives in the finance area such as American Taxpayer Relief Act 2012
US/UK difference in cabinet
Singular executive of US v Plural executive of UK
Who is part of cabinet?
POTUS, VP, 15 federal department heads, director of OMB
Role of cabinet members
Implement policy in their area, defend President/ask for funding on the hill, attend bilateral meetings, coordinate policy in full cabinet meetings across departments
What are the spoils of office?
The cabinet roles that the President-Elect can decide upon rewarding party loyalty and campaign supporters with cabinet positions
US/UK difference with first in-office cabinet
US has no shadow cabinet like the UK
US/UK difference between members of cabinet and their knowledge
US will be specialists like Steven Mnuchin Secretary of Treasury, previously a hedge fund manager, while in UK they will be generalists
2 different underlying recent themes taken with choosing cabinet
‘Looks like America’ like Clinton (Madeleine Albright) or ‘cabinet of rivals’ like Obama (Republican ex-Senator Chuck Hagel as defense secretary)
2 examples of use of Cabinet
Bush Jnr using it since outsider with Cheney and Rice, while JFK rarely called meetings as an insider
3 presidential fears about department heads
Going native, iron triangles, clientelism/agency capture
How did EXOP begin?
Brownlow Committee report of 1937 turned to EXOP in 1939
Roles of WHO
Gatekeeper (Nixon’s Berlin Wall), organise policy strategy/presidential diary/news cycle, get support for policy initiatives in Congress
Example of use of NSC
After NSC meeting with NSA, Operation Neptune Spear took place killing bin Laden
Role of OMB
Organising budget (which in turn affects all department budgets/priorities) and giving advice to President different to Secretary of Treasury and Council of Economic Advisers
Why is EXOP better than Congress?
They entirely serve at the pleasure of the President unlike cabinet secretaries that can go native more
2 examples of cronies in WW
Karl Rove for Bush and David Axelrod for Obama, coming from the same state and making the President too overprotected and remote
2 criticisms of EXOP
Unelected/not confirmed so unaccountable, and ‘policy drift’ can occur with cabinet/EXOP disagreements such as with Obama and foreign/security advisers disagreeing on Iraq and Afghanistan
Advantage and disadvantage of permanent bureaucracy
Gives them detailed knowledge of policy area, but as a result are unelected and with great power to influence passed legislation in it’s implementation
Truman quote on bureaucracy
I thought I was the President but when it coms to these bureaucracies I can’t make ‘em do a damn thing
US/UK difference with power leader has in cabinet
US is much stronger than primer inter pares, but UK does not have confirmation hearing on patronage
US/UK difference with civil service appointments
No political ones like in US, no spoils of office as such
What does the Constitution say about the cabinet?
The President ‘may require the opinion in writing of the principal officer in each of the executive departments upon any subject relating to the duties of their respective offices’
Which 4 locations do cabinet member come from?
Former members of Congress, state governors, big city mayors and academia?
Example of academia in Cabinet
Rod Paige Education Secretary under Bush Jnr
First black member and female member of cabinet
Robert Weaver (LBJ) and Carla Hills (Ford) both in HUD
Why were Nixon’s and Reagan’s cabinets criticised?
No minorities and no women respectively
On average, how often is a cabinet member replaced in the whole administration?
6 months
What did the 12th Amendment do?
Joint ticket Presidential candidates
Who was the first very powerful VP?
Nixon under Ike, such as ex officio member of cabinet and NSC meetings and 1953 Far East trip
When did the VP start to get an office in the West Wing and Presidential Daily briefing?
Mondale
What special roles did Cheney take under Bush?
Legislative liaison and fund raiser
What was Gore the face of the Clinton administration for?
Environment and government efficiency
What has the outsider President led to?
Insider VP
Example of blank cheque on war given by Congress
1964 Gulf of Tonkin resolution
3 examples of successful treaties
START (Reagan), Panama Canal Treaty (Carter) and Chemical Weapons Ban (Clinton)
Example of failed treaty
Comprehensive Test Ban lost 48-51 in Senate under Clinton in 1999, not even half let alone 2/3rds
Mark Rich
Funded Clinton campaign and pardoned by him
Who did Bush Snr pardon for Iran-Contra?
Casper Weinberger who was Defense Secretary
Good example of split ticket
1988 Dukakis and Bentsen, liberal northerner and conservative southerner
John Adams on VP power
In this I am nothing; but I may be everything
5 roles of VP
Presiding officer of Senate, breaks a tie, announces EC result, replace President, short term acting-President
LBJ on Presidential power
The only power I’ve got is nuclear, and I’m not allowed to use that
Teddy Roosevelt on Presidential power
I am both King and Prime Minister
Constitution on executive power
The executive power shall be vested in a President of the United States of America
Cronin and Genovese on Presidential power and the Constitution’s plan for it (1998)
A rule wields power, a leader persuades
What does OMB do?
Draw up the budget
How many pocket vetoes did Reagan get off?
39
Who was present at the signing of the 2001 Education Reform Bill?
Edward Kennedy, as he was key in it’s passage
What did John Ehrlichman (Nixon advisor and part of Berlin Wall) say about departments
They kept on ‘marrying the natives’
Who are part of Cabinet Council meetings?
The appropriate cabinet members and EXOP
What does Neustadt say about separation of powers?
What the Constitution separates, the political parties do not combine
Example of cabinet member used
Rod Paige used to sell Congress 2001 Education Reform Bill
Example of executive power in Congressional leadership
2002 Trent Lott replaced after being racist by Frist as Republican Senate leader, seen as friend of White House
What did LBJ call making public broadcasts about the passage of bills by the President?
Putting Congress’s feet to the fire
What are the names given to the cabinet members ranks?
First tier/second tier
What were the 3 Cabinet Council’s under Bush Jnr?
Economic Policy Council, Domestic Policy Council and National Security Council
What did King say about cabinet meetings and the President?
He doesn’t sum up at the end of the meeting; he is the meeting
What did Dawes (Coolidge VP) say about the cabinet members?
A president’s natural enemies
Number of Obama Chief of Staff’s and Press Secretaries
5 and 3
Who was Bush Jnr’s first Chief of Staff and example of his access?
Andrew Card who told Bush about 9/11
What position does the West Wing staff take in times of crisis?
Lightening conductors, often sacked as a result
What did the Brownlow Committee say about EXOP’s role in the media?
A passion for anonymity
Example of President’s fall guy
Chief of Staff John Sununu sacked in 1991 for too much control of White House and too conservative
What did John Watson (Carter Chief of Staff) say about his role?
He was the President’s ‘javelin catcher’
What are the two EXOP styles of Presidential access?
Spokes of the wheel v pyramid
How was the NSC changed since Nixon?
He brought it to White House, and then it became too political until John Poindexter was sacked after Iran-Contra and it returned to the Defense Secretary
Who created OMB?
Nixon
Example of successful OMB director
Leon Panetta pushing the budget through for Clinton in 1996
Example of bad OMB director
Richard Darman persuading Bush Snr to break no new taxes pledge to pass budget
How many cabinet meetings to Reagan hold in 1981 and 1983?
36 down to 12
How many cabinet meetings did Clinton hold in his first year?
6
Why does the use of cabinet often decline through the administration?
Often disillusionment with cabinet use (too big and boring) or need to campaign such as with Carter
How has the cabinet changed since Nixon?
By having cabinet meetings it shows openness of the administration
How did Carter use his cabinet?
He used a person by person report of the department heads
How can the cabinet be used with policy goals in mind?
Debate policy/LBJ sounding board for ideas, check up on passage of legislation such as budget in 2002 meetings
Example of lack of knowledge of cabinet members
Reagan mistaking HUD Sam Pierce as city mayor
3 roles of federal bureaucracy
Executing, creating laws and adjudicating
What was passed in 1978 to reform the federal bureaucracy?
Civil Service Reform Act creating the Office of Personnel Management
What percentage of federal bureaucracy roles are political?
3%
How is the middle tier of the federal bureaucracy chosen?
Buddy system based on past knowledge of an individual
What created the merit system in the civil service?
1883 Civil Service Reform Act after Garfield assassination
8 issues of federal bureaucracy
Clientelism, imperialism, parochialism, incrementalism, arbitrariness, waste, iron triangles and going native
Example of imperialism in federal bureaucracy
Department of Homeland Security in 2002 fighting for a policy area
Example of iron triangle
Defense contractors, Armed Service Committees in Congress and Defense Department
How has presidential power over Congress waned in recent years?
Email leads to more members of Congress having to worry about the folks back home, as well as fragmentation of power with leadership being less powerful
Example of Nixon imperial domestic President
Crushing anti-war in Vietnam protests
Clinton example of judicial power over President
Clinton v Jones 1997 leading to Lewinsky questions being asked
Examples showing public opinion affecting impeachment process
Clinton surviving with high approval ratings compared to low Nixon pre-Watergate
What are below Executive Departments in terms of power?
Executive Agencies with directors chosen by Congress
Example of Executive Agency
Environmental Protection Agency since 1970, Cinderella agency due to consistent failure of expectations
Example of Independent Regulatory Commission
Federal Election Committee in 1975 to regulate election processes
Example of executive power over federal bureaucracy
Consumer Product Safety Cut under Reagan-Bush budget went from $42bn to $30bn
How can Congress control federal bureaucracy?
Oversight committee hearings
How did Reagan politicise the federal bureaucracy?
Far more ideological cabinet appointments as well as sub-cabinet members being chosen by White House rather than departments
Reagan inauguration quote on government
Government isn’t the solution: government is the problem
Example of attempt to tackle federal bureaucracy size (Democratic)
Reinventing Government program under Gore struggled much as Reagan had
Reason why a federal bureaucracy out of President’s control can be good
Nixon used IRS, FBI and CIA to cover-up Watergate evidence
Name for words given by President after a veto
Veto message
Richard Fenno on cabinet
Institutionalized by usage alone
J Edward Day on Kennedy cabinet
The President listened to the group with a thinly veiled impatience
Example of cabinet used for discussion
Malta Summit of 1989 with Gorbachev, cabinet was allowed to discuss candidly
Neustadt on cabinet role
Not the principal advisors to the president
Example of changing nature of EXOP due to no constitutional codification
Press Secretary role being fazed out of importance by Trump
Cheney as Chief of Staff for Ford
He takes the credit, I take the blame
How did Kissinger act as NSA?
Roving foreign policy advisor before becoming Secretary of State in 1973, increasing power of NSA
Examples of failure of NSA
Issues for Carter with Iran hostage crisis and Reagan Iran-Contra as NSA felt great power
Neustadt on true political power
The President’s power is the power to persuade
Example of fragmentation of power in Congress for president to not be able to use
Weaning powers of committee chairmen
John Nance Garner on VP (1933-410
Not worth a bucket of warm spit
Examples of Nixon’s growth in VP power
Eisenhower off for 5 months due to heart attack recovery, and led 19 cabinet meetings
Who created the idea of The Two Presidencies?
Aaron Wildavsky in 1969
2 reasons why Congress is less interested in foreign policy
Domestic policy gets them elected, and need for unified approach for foreign policy
Example of Presidential power in war
1969-71 Cambodia air war not known about by Congress
Case which ‘legalized’ executive agreements
1942 US v Pink
What do the Presidentially limiting laws of the 70s show about the role?
It was merely affirming that the President was already taking power powers than the Constitution had given it
Example of media/public pressure on President
LBJ not running in 1968
Example of Presidential persuasion of members of Congress
Ford persuading Congressman Mitchel to support jobs bill as an air base in his constituency would not be closed
Example of rider ruining bill for President
£1.7bn worth of congressmen’s pet projects on a bill to fund against Sandinistas
Example of Bush power over federal bureaucracy
Rejecting CO2 targets of Kyoto Protocol to embarrassment of EPA Director Whitman
Example of cabinet policy specialist
Veteran’s Affairs Secretary James Peake was a Vietnam veteran (Bush Jnr)
Case which made President unable to sack IRC directors
1935 Humphrey’s Executor v US
What are Sunshine Laws?
Stems from 1976 Government in the Sunshine Act which keeps government/bureaucracy accountable through openness
What are sunset provisions
Putting an expiration date on a law so they act in an efficient manner, and only successful programmes survive
Example of accountability through whistleblowing
Whistleblower Protection Act of 1989 to stop corruption and waste knowledge not being brought to light
3 reasons for executive orders
Enforce statutes, enforce Constitution or treaties, establish/modify how executive agencies operate
Example of powerless lame duck
House voting to block release of prisoners from Guantanamo in September 2016 against Obama’s wishes
Example of Congress power over President in war
Foreign Assistance Act of 1974 eliminating funding of forces in South Vietnam
