formal powers of the president

Question 1

approving legislation

Answer 1

presidents can…
1. sign a bill
2. veto a bill –> can see veto overrides –> Obama had just 1/12 vetos overrode –> JASTA
3. take no action (pocket veto)

Question 2

states of the union address

Answer 2

• annual speech in congress in which the president outlines their legislative agenda
• congress has no requirement to act on it
• from 2009-2017 in every single address Obama asked to pass immigration reform but congress never passed it and he had to rely on EO’s instead –> DACA

Question 3

appointments

Answer 3

• appoint approximately 4000 officials with 1200 needing senate confirmation
• includes SC and cabinet nominations
• implied power of the constitution to create government departments to seek advice from —> DOGE Trump
• recess appointments are temporary appointments of the president, made without senate approval when it is in recess –> expire at the end of the next congressional session –> Obama made 32 recess appointments all together
• limited by power of congress to not approve the nomination

Question 4

executive orders, memorandum, proclamations and weaknesses

Answer 4

• implied power from vague phrasing in article ll
• regarding how the president would like a piece of legislation or policy to be enforced and interpreted
• An executive memorandum is a less formal written directive from the President to federal agencies that guides how they should carry out their work or interpret existing laws, without the official structure of an executive order –> Trump Feb 6th 2025 EM to all federal agencies to review their funding to nongovernmental organisations (NGOs) to ensure alignment with U.S. interests and the administration’s goals
• proclamations –> to give directions to people outside the executive branch –> Lincoln Emancipation Proclamation
• easily overturned by Congress passing a new law, a SC ruling or a new president signing a new EO

Question 5

granting reprieves and pardons and commutations

Answer 5

• power of the president to forgive a federal crime, erasing it from their criminal record
• commutations –> reducing sentence issued for a crime
• trump pardoned approximately 1500 Jan 6th rioters
• Obama Chelsea Manning, 330 non-violent drug users on his last day, 1715 commutations and 212 pardons

Question 6

communing special sessions of congress

Answer 6

• either or both houses of congress can be called back from recess
• senate alone —> 46 times
• congress as a whole —> 27 times
• needed in international situations, president needing senate to confirm a treaty or cabinet nominee
• Roosevelt 1939 regarding the US’ neutrality in what would be WW2

Question 7

commander in chief

Answer 7

• head of army, navy, air force, marines
• but only congress can declare war
• development of nuclear and new weapons has impacted this power as there is less need for armies, more focus on a swift response
• 1942 WW2 after pearl harbour attack
• war powers resolution 1973 to try and regain power at this level

Question 8

making treaties

Answer 8

• formal treaties require presidential negotiation and 2/3rds senate approval
• president can make executive agreements as a loophole, same as treaties but dont require senate approval –> but power of the purse is often employed as a 2nd check
• Obama signed an executive agreement with Iran in the Iran nuclear deal and so congress passed legislation to restrict federal funds being used to implement the sanctions relief and then the Obama administration signed a veto

Question 9

receiving ambassadors

Answer 9

• receiving from foreign nations or appointing to other nations
• also shows recognition of a country and willingness to work with them
• Bush Kosovo 2008
• Obama Sudan 2011
• Trump moving the US embassy to Jerusalem

Question 10

role of head of state and government

Answer 10

• involves ceremonial duties like attending world summits, annual pardoning of the turkey
• also head of government roles like chief legislator or chief executive –> preside over cabinet, organise EXOP

Question 11

what 4 powers of the P overlap with one another regarding being head of state and head of government

Answer 11

• commander in chief
• recognising countries
• state of the union address
• making treaties