Informal sources of presidential power: Direct authority

Question 1

When might a President resort to direct authority?

Answer 1

When they are frustrated by checks and partisan gridlock

Question 2

Define direct authority

Answer 2

Actions that don’t require congressional approval but achieve some of the outcomes that Presidents seek

Question 3

What three types of direct authority are we concerned with?

Answer 3

Executive orders, executive agreements and signing statements

Question 4

For executive orders see the separate deck on them

Answer 4

!!!!!!!

Question 5

What is an executive agreement?

Answer 5

An agreement reached between the President and another nation on matters that don’t require a formal treaty

Question 6

When did executive agreements become common?

Answer 6

Under FDR

Question 7

How many executive agreements are there per year on average?

Answer 7

200

Question 8

Give some examples of things executive agreements might cover

Answer 8

Matters like basing US troops on foreign soil and resolving claims made by citizens of one country against the government of another

Question 9

Why do Presidents use executive agreements as an alternative to treaties?

Answer 9

Because they don’t require senate ratification

Question 10

When do executive agreements become especially useful for a president?

Answer 10

When the Senate is controlled by another party

Question 11

Why will the President often face repercussions for cutting executive agreements?

Answer 11

Because the Senate jealously guards its control over foreign policy

Question 12

What was the consequence of cutting an executive agreement with NK instead of forming a treaty for Clinton in 1994?

Answer 12

Unhappy R senators complained that a matter of that magnitude should have been brought before the Senate

Question 13

Give an example of Obama using executive agreements effectively but explain why this was still limited

Answer 13

In 2015 he used them to pass a nuclear deal with Iran and the Paris Agreement, knowing both of them would never pass the Senate. However, because they were only executive agreements, Trump was able to rescind them

Question 14

What is a signing statement?

Answer 14

A statement made by a President when signing a bill that challenges certain provisions of the bill, normally on constitutional grounds

Question 15

Which presented set the trend for signing statements being used to challenge legislation rather than simply celebrate or provide commentary on it?

Answer 15

Bush Jr.

Question 16

What do critics say about signing statements?

Answer 16

That it is an overuse of the President’s power. With the correct course of action being vetoing the bill or waiting for a ruling from the SC with regards to the constitutionality of the bill

Question 17

How did Obama prove that signing statements may be becoming integral for Presidents?

Answer 17

Despite criticising Bush Jr’s use of them, he ended up using one to highlight concerns about the treatment of terrorist subject when signing the 2011 National Defence Authorisation Act

Question 18

Give an example of a President using a signing statement to challenge the constitutionality of legislation

Answer 18

Trump when signing the 2017 Countering America’s Adversaries Through Sanctions Act