Formal sources of presidential power

Question 1

What are formal sources of presidential power ?

Answer 1

• The formal roles that the president fulfils by virtue of possessing office
• Head of state and head of government

Question 2

What is their role as head of state ?

Answer 2

• Chief public representative of a country and in the USA this role is designated to the president
• They carry out all the ceremonial and diplomatic duties that are normally performed by constitutional monarchs
• Clearly seen by Bush at 2001 where he addressed the nation that night from the oval office
• Trump did this less successfully during the COVID-19 epidemic, BLM etc

Question 3

Where are the formal sources of presidential power found ?

Answer 3

• Article II

Question 4

How have Presidents used media platforms to exert their authority ?

Answer 4

• 1947 : Truman gave the first televised presidential address and all presidents have used this medium
• Obama was the first president to use Twitter
• Trump used Twitter to engage with the nation and the world on topics as diverse as his impeachment, relations with North Korea and COVID-19

Question 5

Role as the head of government

Answer 5

• The president is chief executive and as such is head of the executive branch of the federal government by virtue of the formal powers granted by the constitution

Question 6

What are the executive powers of the president ? (2)

Answer 6

1. Acting as chief executive

2. Submitting the annual budget

Question 7

What are the overall roles as head of government ? (5)

Answer 7

• Executive orders
• Legislative powers
• Appointment point
• Foreign policy
• Pardons

Question 8

Acting as chief executive

Answer 8

• Article 3 grants the President all executive power
• They are the chief executive
• Modern presidents have needed their own bureaucracy (Executive office of the President EXOP)

Question 9

Submitting the annual budget

Answer 9

• Office of management and budget (OMB) draws up the annual federal budget
• The president then submits the budget to congress + their is a lengthy process if the presidency and congress are controlled by different parties
• This can lead to gridlock and to government shutdowns (Trump = 35 days)

Question 10

Legislative powers (3)

Answer 10

1. Proposing legislation
2. signing legislation
3. Vetoing legislation

Question 11

Proposing legislation

Answer 11

• Article II
• The president has the power to propose legislation to congress which can be done through the annual state of the union address
• Can propose legislation at any time eg announcement at a public event
• 2018 : Trump used his state of the union address to promise a crackdown on immigration

Question 12

Signing legislation

Answer 12

• Once bills have passed through congress, they land on the President’s desk
• They have a number of signing options eg grand ceremony

Question 13

Vetoing legislation

Answer 13

• Presidents have used just over 1,500 regular vetoes
• Only 1/10 of Trump’s vetoes were overridden
• only 1/12 of Obama’s vetoes were overridden by congress

Question 14

Appointment powers (2)

Answer 14

1. nominating executive branch officials

2. Nominating all federal judges

Question 15

Nominating executive branch officials

Answer 15

• There are 15 heads of departments which need to be filled
• There are also lower level officials in all these departments, ambassadors, agency heads and members of regulatory commissions
• These appointments are confirmed through a simple majority

Question 16

Nominating all federal judges

Answer 16

• All judicial appointments are for life and therefore assume a special importance
• confirmed by a simple majority vote in senate
• Trump nominated Gorsuch, Kavanaugh and ACB to the SC
• Nominated federal judges such as Self
• Nominated a number of federal appeal court judges eg Branch

Question 17

Foreign policy (2)

Answer 17

• Acting as commander in chief

- Negotiating treaties

Question 18

Acting as commander in chief

Answer 18

• 1940’s-1980’s : particularly important eg Johnson and Nixon in Vietnam
• Increasing since 2001
• Obama was drawn in to crisis in Libya, Iraq etc
• Trump wanted to reframe the USA’s position on the world stage
• Congress’ checks have been less strong on foreign affairs (has the power of the purse but hasn’t declared war since 1941)

Question 19

Negotiating treaties

Answer 19

• Eg Nuclear arms treaty of Obama
• This is ratified by senate in which a 2/3 majority
• During the 20th Century, senate rejected seven treaties including the treaty of Versailles

Question 20

Pardons

Answer 20

• 1974 : Ford pardoned his predecessor Nixon over all watergate related matters
• Obama pardoned 212 people throughout his tenure
• Trump pardoned a number of former political associates eg Roger Stone

Question 21

What are the 3 roles of the Vice-President ?

Answer 21

• Taking over as president if this becomes necessary
• Acting as the presiding officer of the senate
• Presiding over the counting of electoral college votes

Question 22

Taking over as president if it becomes necessary

Answer 22

• 9 VPs have become presidents following the death or resignation of the incumbent
• The VP also becomes acting president if the president is declared or declares themselves disabled

Question 23

Acting as the presiding officer of the senate (VP)

Answer 23

• They can cast a deciding vote in the event of tie
• Of the last 4 VPs 3/4 have used this power
• Eg Harris has made 3 tie casting votes and Pence made 13 tie-breaking votes

Question 24

Presiding over counting of the electoral college votes

Answer 24

• This was regarded as ceremonial until the events of January 2021
• Trump attempted to pressure Pence in to using this ceremonial occasion to change the election outcome however Pence chose to obey the constitutional order