Formal sources of presidential power as outlined in the US Constitution and their use. Flashcards
what are formal sources of power
the formal roles that the president fulfills by virtue of possessing the office
the founding fathers and the presidents power
founding fathers created a pres who would be both head of state (chief representative who performs ceremonial functions on behalf of the country) AND head of government
eg ROOSEVELT “i am both king and the prime minister”
what article created the executive
Article 2 section 1 - the executive power shall be vested in a president
what did the framers fear in regard to the president
feared tyranny of the executive branch so created a limited and checked president.
the role as head of state to help its people
seen in times of national tragedy
eg Bush playing the role of ‘mourner-in-chief’ in the weeks following 9/11. He addressed the nation that night and was trying to lift fallen spirits
eg Trump after USA was devastated by the covid 19 pandemic and during the national reaction to the death of george floyd
the role of head of state to be powerful
they can exert their authority because their position commands a culture of respect which allows the pres to use their leadership in US policy.
Presidents have often engaged with the media to do this:
eg Trump on twitter used to set the agenda on his impeachment, covid 19 and BLM
role as head of government
the pres is chief exec of the executive branch because the consitution says they are.
the formal powers are the presidents tasks - ‘enumerated powers’ because they are written down in article 11 of the constitution
the pres formal enumerated powers
executive powers - cheif exec + prepares annual budget
legislative powers - propose leg, sign leg, veto leg
appointment powers - nominate officials to exec and judiciary
foreign affairs powers - commander-in-chief of military
the power of pardon - pardon someone who is guilty of a federal crime
executive powers
chief executive - opening of article 2 grants all exec power to president. Many need their own bureaucracy to help them co-odinate the work of a federal gov
submitting annual budget - the office of managament and budget fraws up the annual federal budget for the president (they are part of the pres bureaucracy. This is followed by bargaining between pres and congress which has frequently lead to gridlock by diff political parties in each
legislative power
proposing legislation - they can do it by their annual state of the union address or through calling a press conference or making an announcement at public event
eg trump promising an immigration crackdown
vetoing legislation - regular veto is a much used presidential weapon and can be a bargaining tool
eg biden threatning congress that if they raise the cost of preserving jobs in his state of the union address. congress can attempt to override the veto, but it’s rarely successfull - eg Obama vetoed legislation 12 times. Congress was only successful at overriding the veto once in his two terms
what are pocket vetos
can only be used at the end of a congressional session. This happens when the president just doesn’t sign the bill and it gets lost
congress cant override it
eg BUSH used 15 pocket vetos
when did congress overrule obamas veto on legislation
Justice Against Sponsors of Terrorism act
obama vetoed this bill which wouldve allowed families if victims of terrorist attacks of 9/11 to sue the gov of saudi arabia for any role they played in the plot
Obama said that the bill would ‘create complications’
appointment powers
nominating exec branches - most important are the heads of the 15 executive departments such as the treasury
the senate must confirm all by a simple majority vote
nominating federal judges - judicial appointments are for life and so assume a special importance
eg trump nominated Gorsuch, Kavanaugh and Coney barret
foreign policy
acting as commander in cheif - common for pres in 1940s-80s eg Nixon in vietnam
- 9/11 BUSH
- Syria, iraq and afghanistan OBAMA
Trump changed it when he came and changed usas position; he complained about NATO countries not paying enough towards defence and in 2019 he withdrew troops from syria and afghanistan
pardons
eg President FORD pardoned his predecessor NIXON over watergate
eg trump ‘the power of the pardon is a beautiful thing’ but he used it very sparingly (25 pardons during first 3 years in office - he kept his style unconventional of presidency and took advise from rogue sources such as KIMkardashian who pursuaded him to pardon Alice Marie Johnson who had served nearly 22 years for a first time nonviolent drug trafficking crime.
