Imperial President Flashcards
What is an Imperial president?
First articulated by Schlesinger, a president who dominates congress and conducts foreign policy independently. Overrides checks and balances.
Give an example of how presidential power has increased.
90’s - 2000’s - Clinton troops in Kosovo despite not receiving permission from Congress, required by the War Powers Act 1973 (after movement into Laos).
Obama action in Libya.
Shows the ability to override and loophole through congressional acts that should limit presidential power.
Executive agreements - Iran Nuclear Deal
Give another example. IMPLIED POWERS. (FDR)
The declaration of emergencies to gain emergency powers.
FDR internment camps for Japanese Americans during WWII.
Executive order that violated civil liberties of 120,000 Japanese. Overruled in 1945, formal apology 1988 and congressional apology.
By 2020, 30 national emergencies in operation.
National Emergencies Act 1976 required legal justification and a 6 month review, but hasn’t worked like the WPA.
Inherent powers
Not linked to constitution, but required to be president. After 9/11, Bush inherent powers gave him the ability to ignore anti torture and civil liberty laws. Detention of terrorists, extraordinary rendition. Interpreted ideas too widely to increase his power.
What is an imperilled president?
Weak and endangered presidency. Effectiveness limited by congress as too many restrictions are placed.
Congressional opposition example
For example, U.S. appeals court rulings in 2018, 2019 and 2020 against Trump’s attempt to withhold funds from ‘sanctuary’ cities. Students may argue that presidents must also rely on their ability to persuade to achieve their political goals and are therefore not “imperial”. For example, Trump was unable to persuade House Republicans to support the American Health Care Act in March 2017; Congress can override a presidential veto eg Obama vetoed the Justice Against Sponsors of Terrorism Act in September 2016, and the Supreme Court prevents presidents from going beyond their enumerated and implied powers e.g. US v Nixon 1974.
Analyse the little sources.
Students may note The New Republic offers a liberal progressive perspective and that the tone of the extract is critical of Donald Trump and the concept of an imperial presidency. The second extract is taken from the Financial Times which is UK based but an international daily newspaper which focuses on politics, business and economic current affairs. While both extracts are opinion pieces they can be contrasted; The New Republic article was written in August 2017 almost eight months after Trump had become president but before his eventual impeachment in 2019/20 and the Financial Times article appeared after the 2018 November mid-term elections. Both offer differing views as to the never-ending debate about presidential power and how effective are constitutional checks and balances