Formal sources of presidential power Flashcards
What is meant by the term ‘formal sources of presidential power’?
The formal roles that the president fulfils by virtue of possessing the office
What two things did the founding fathers make the president?
The head of state and the head of government
What is a head of state?
The chief public representative of a country, who performs ceremonial functions on behalf of a country
What did FDR say about the position of president?
‘I am both the King and the PM’
What does article II section I of the constitution say about the relationship between the president and the executive?
‘Executive power shall be invested within the president’
How does the cabinet differ between the UK and US?
The president has complete control and is the sole decision maker within the executive, whereas the PM has to collaborate with the cabinet and has less control
What did Truman use to remind himself of the fact that executive power was invested solely in the president?
A sign on his oval office desk reading ‘the buck stops here’
How has the democratic legitimacy of the position of president been enhanced since its inception?
It has gone from an indirectly elected position to a directly elected position
What did the founding fathers put into the constitution to limit the powers of the president?
Checks and balances
Why does the US political system contain so many checks and balances?
Because they feared tyranny, especially from the executive branch
What is the executive branch?
One of the three branches of government. It is headed up by the president; the other two are the legislature and the judiciary
What does the president have to do as the head of state?
Carry out all the ceremonial and diplomatic roles that are usually carried out by constitutional monarchs
When does the president most notably take on the role of head of state?
At times of national tragedy, when they act as comforter and mourner in chief
Give an example of a president successfully fulfilling their role as head of state at a time of national tragedy
George Bush in the weeks following 9/11. He addressed the nation that night and led a prayer service at the Washington National Cathedral in an attempt to raise spirits
Give an example of a president failing to fulfil their role as head of state at a time of national tragedy
When Trump told people to drink bleach and blamed China in response to COVID and said that there were ‘issues on both sides’ in response to the riots surrounding the death of George Floyd
How does the role of head of state allow the president to exert their authority?
The position commands a cultural respect that lets them project their leadership onto the rest of the nation and gives them the opportunity to direct policy
What have presidents historically done in order to facilitate their position as head of state?
Engaged with the media
How did Roosevelt use the media to enhance his position as head of state?
Used fire side chats on the radio to provide reassurance as to how the country would respond to WWII and the depression
How did Truman use the media to enhance his position as head of state?
Gave the first ever televised address from the White House, with all subsequent presidents using this medium to transmit their message
How did Trump use the media to enhance his position as head of state?
He used social media to set the agenda and bypass the traditional media and White House Press Corps. Tried to engage the nation and the world on issues like his impeachment, relations with North Korea and COVID
What do we mean when we say the president is the head of government?
They are head of the executive branch of the federal government via the formal powers granted by the constitution
What are formal powers sometimes called?
Enumerated powers
Where are the formal powers of the president set out?
Article II of the constitution
List the executive powers held by the president
- Chief executive of the federal government
- They prepare the annual budget - but it does have to be passed by congress
List the legisaltive powers held by the president
- Proposes legislation to congress
- Signs legislation passed by congress into law
- Can veto legislation passed by congress to prevent it from becoming law
List the appointment powers held by the president
- Nominates officials to the executive branch - but some of these have to be approved by the senate
- Nominates all federal judges when vacancies arise - but these must be approved by the senate
List the foreign affairs powers held by the president
- They are the commander in chief of the military and can initiate military action - but war can only be declared by congress
- Negotiates treaties with foreign powers - but these have to be ratified by the senate with a two thirds majority
List the powers of pardon held by the president
- They can pardon someone who has acknowledged they are guilty of a federal crime - but not somebody who has been impeached
How do presidents cope with the huge task of managing the day-to-day running of the executive?
- They delegate out to the federal governments principle departments and agencies
- Most presidents have needed the help of their own bureaucracy
What is the name of the bureaucracy that helps presidents run the executive?
The Executive Office of the President (EXOP)
Who draws up the annual federal budget for the president?
The office of management and budget (OMB), this is part of EXOP
How are budgets passed?
A budget will be drawn up by the OMB and the president will then submit this to congress. A lengthy bargaining process between congress and the president will then follow - with this becoming even more lengthy if the president and congress belong to different parties
What is the main downside of passing a budget?
It has frequently led to gridlock and government shutdown when the president and congress have been unable to agree
How does the president announce their legislative agenda?
Through a State of the Union Address
What three things did Trump promise in his 2018 State of the Union Address?
- A crackdown on illegal immigration
- Keeping open Guantanamo Bay
- Bolstering the USA’s nuclear arsenal
How can presidents introduce legislation outside of the state of the union address?
Through press conferences and announcements at public events
Who will attend elaborate bill signing ceremonies once legislation has been passed?
House and Senate members who were particularly supportive, relevant members of the administration and interested parties who will be affected by the new bill
What two options does the president have at their disposal once legislation has passed Congress?
- Sign it into law
- Veto it
How many regular vetoes have been used by presidents?
Just over 1,500
What can Congress do in response to a regular veto?
They can attempt to override the president’s veto, but this is rarely successful
How many regular vetoes did Trump make?
10 - his 8th was overriden by Congress
How many regular vetoes did Obama use?
12 - but Congress managed to override the last one
Which of Obama’s regular vetoes was overruled?
When he vetoed Justice Against the Sponsors of Terrorism Act. this would have allowed families of the victims of 9/11 to sue the Saudi Arabian government for any role they played in the plot. Obama attempted to veto this on the basis that it would impact important diplomatic relationships. The eventual overruling was unsurprising since the bill had passed the House and Senate in near unanimous voice votes
What two types of vetoes does a president have at their disposal?
Pocket and regular
When is the only time that a pocket veto can be used?
At the end of a congressional session, whereby bills not signed are lost
Why are pocket vetoes stronger than regular vetoes?
Because they cannot be overturned by Congress
What are the most important executive appointments?
Heads of the 15 executive departments, such as treasury, agriculture and state
How does the Senate confirm executive appointments?
By a simple majority vote
Why do judicial appointments take up a special importance?
Because they are for life
How are judicial appointments confirmed?
By a simple majority vote in the Senate
When was acting as commander in chief particularly important for the president?
From the 1940s to the 1980s
What has happened in the post Cold War era?
The presidents role as commander in chief has diminished
Who was the first president to launch themselves into the position of wartime president since the end of the Cold War?
George W. Bush. Obama would then be drawn into various crises in the Middle East
How did Trump put a different spin on the role of being commander in chief?
- He criticised the cost of the USA acting as the world’s policeman and criticised NATO members for not spending enough on defence
- He withdrew troops from Syria and Afghanistan in 2019
How are Congress’ checks less strong in terms of foreign policy?
- Congress has not declared war since 1941
- Congress now merely authorises the president’s use of troops
- Congress passed the Gulf of Tonkin Resolution in 1964, giving LBJ the power to take all necessary measures in Vietnam
- It passed authorising resolutions before the deployment of troops in Iraq and Kuwait respectively
- It has the power of purse to act as a check on presidential war making, but this has not always proved effective
Give three examples of presidents acting as a peace maker on the foreign policy stage
- Reagan signing the Strategic Arms Reduction Treaty
- Bush Sr. signing the Chemical Weapons Ban
- Obama signing a nuclear arms treaty with Russia
How is the presidents power on the foreign policy stage kept in check?
Treaties must be ratified by the Senate with a two thirds majority
How many treaties did the Senate reject in the 20th century?
7
How can the president partially avoid the need to have foreign treaties ratified by the Senate?
By using executive agreements
What did Ford do upon becoming president in 1974?
Pardoned his predecessor, Nixon, for all watergate related matters
Which one of Clinton’s pardons on his final day was particularly controversial?
He pardoned fugitive Mark Rich, whose former wife had made large donations to Clinton’s election campaigns and had given expensive gifts to Bill and Hilary
Who did Trump pardon in his final month as president?
Former political associates Roger Stone and Paul Manafort
How was Trump particularly unique in how he handed pardons?
Reality TV star Kim Kardashian helped to persuade him to pardon Alice Johnson who had served nearly 22 years for a first time non-violent drug offence
What proportion of legislation is passed?
1%
What did Alexander Hamilton say when advocating for a powerful president?
‘A weak executive implies a weak government, which is no different to a bad government’
What did James Madison say when advocating for checks and balances on the position of president?
‘The accumulation of many powers in the same hands is the very definition of tyranny’
Give an example of the president using their position as head of government to push their agenda
Obama created the White House Council on Native American Affairs and created an initiative called the Annual White House Tribal Youth Gathering
How did Trump use his position as head of government to his advantage?
He created the Office of Innovation to help run government departments along business principles and appointed his son in law, Jared Kushner
How did Obama his position as national leader to his advantage?
He used Sandy Hook as a springboard to push gun control legislation; creating a gun control task force and proposing legislation to limit ammunition and ban assault rivals to congress. He then passed executive orders to achieve some of his goals after congress rejected his proposals
