POTUS Flashcards
Formal sources of presidential power as outlined in the US Constitution and their use.
The role as the Head of State and as the Head of Government
All powers are outlined in Article II of the constitution
Can appoint their own cabinet
The President is responsible for the execution and enforcement of the laws created by Congress
Nominates Supreme Court justices
Joe Biden nominated Ketanji Brown Jackson to replace Justice Stephen Breyer in 2022.
Trump had made 3 appointments to the Supreme Court from 2017-2020. He nominated Neil Gorsuch in 2017, Brett Kavanaugh in 2018 (49 Rep, 1 Dem), and Amy Coney Barrett in 2020. It was Trump’s three nominations that shifted the ideology of the Supreme Court to overwhelmingly Conservative with a 6-3 majority.
Can veto bills
Biden 2023: vetoed Comprehensive Policing and Justice Reform Amendment Act
Trump: 10 vetoes, 1 overridden
Biden: 12 vetoes, none override
Obama: 12 vetoes. 1 overridden
Chief diplomat
June 2024: Biden proposed a ceasefire plan between Israel and Gaza
January 2021: Biden rejoined the Paris Agreement
Power of pardon
Biden pardoned 6500 people for simple possession of marijiuana 2022
Trump pardoned 237 altogether
Informal Powers
The electoral mandate, executive orders, national events and the cabinet
If granted a strong electoral mandate, a president can exercise their power with few restrictions.
Obama achieved some of his most important policy goals in his first two years of office, including health care reform (ACA) & beginning the process of moving troops from Iraq when he was firm on his electoral policies
Less significant because due to electoral college system, you don’t need majority of the popular vote
Trump - 46% (Clinton got 48)
Bush - 47.9% (2000) (Gore got 48.4)
Executive orders allow the president to implement policy in the way they wish without Congress’ approval
Obama issued an executive order to create the White House Council on Native American Affairs
Creation of Homeland Security 2001 under Bush after 9/11
Joe Biden signed more than 60 executive orders in his first 100 days of office. 24 of these directly reversed Trump’s policies. This included halting funding for Trump’s border wall, reversing Trump’s travel ban targeting largely Muslim countries, and imposing a federal mask mandate in wake of the COVID-19 pandemic.
National events play a modern role in how much a president how exercise their power
Bipartisanship and popular support was issued for President Bush’s aggressive proposal of war against terrorist organisations after 9/11
Bush faced during his Presidency: 9/11 & the War on Terror, the Iraq & Afghanistan wars, Hurricane Katrina & the Banking crisis.
Obama faced: health care reform & the Affordable Care Act, the Budget Crisis & stimulus package, Osama Bin Laden & the Government shutdown.
Trump has faced opposition to the Mexican wall, immigration & the Government shutdown, Mueller’s Russia Inquiry, a Trillion dollar infrastructure plan & repealing the Affordable Care Act.
Powers of persuasion including the nature/characteristics of each president
Obama’s address regarding gay rights in 2010 led to the repeal of the ‘Don’t Ask’ act in 2011
When the Democrats controlled both houses in Congress and Bill Clinton was president, he succeeded in 86.4% of Congress votes on issues he supported compared to 36.2% of votes when there was a divided government.
Obama 2013 rose garden speech over Syria. It was an attempt to get congresses support for military action in Syria
Trump and his twitter storms - encouraged his followers to show strength and fight against “bad people” at the capitol
Executive Office of the President (EXOP), including the role of the National Security Council (NSC), Office of Management and Budget (OMB) and the White House Office (WHO).
President is dominant over the Executive branch: Cabinet, EXOP, National Security Council
POTUS Relationship with Congress
Success strongly depends on House and Senate majority
When the Democrats controlled both houses in Congress while Bill Clinton was president, he succeeded in 86.4% of Congress votes on issues he supported compared to 36.2% of votes when there was a divided government.
2016 : Trump and the Republican held both houses - Trump was in a strong position , he brought in huge tax cuts. 2018 democrats took the house of representatives and Trump’s policies hit gridlock.
2013 government shut down after Obama couldn’t pass his budget - the republican house demanded austerity and wouldn’t debate his immigration bill
However, Trump struggled over passing the American Health Care Act in 2017 - suggests that even with a Republican president and a republican congress things are not always straightforward. The bill faced strong republican opposition in both the house and senate.
Presidents relationship with SCOTUS
The president’s power over the SC is the ability to make appointments. However they have no control over how many of these they will make and they also need agreement from the senate. The fact that appointments are for life is highly significant. Once in place a president has no power over the judges.
President is required to carry out SC decisions as part of the president’s oath to defend the Constitution and the law
Limitations on Presidential Powers
Congress, the Supreme Court and the Constitution
The election cycle and divided government.
By a simple majority, the House of Representatives can vote to proceed with the impeachment process.
On 19 December 2019, the House of Representatives voted to impeach President Donald Trump. They voted on two charges:
Abuse of Power
the attempt to get the Ukrainian President to investigate Biden
Obstruction of Congress
The allegation that Trump withheld evidence and barred his key aides from giving evidence
The extent of presidential accountability to Congress
Congress can veto a presidential veto
Justice Against Sponsors of Terrorism Act 2016
The POTUS is imperial (power is strong)
Commander-in-chief - have significant power on foreign policy
e.g. Obama sent drones to Afghanistan and killed Bin Laden (Taliban) without congressional approval/confirmation; Trump withdrawn US troops in Afghanistan which ended the US military actions in Afghanistan (officially)
Restrained by War Powers Resolution - the POTUS must notify the Congress if military action is over 60 days
Military bid must pass in the Congress - House is the Power of the Purse
Usually POTUS focus on foreign policies when they are in the last period of their term (lame duck president as power constrained by others like Congress, interest groups, etc)
Chief Legislator - legislation
e.g. Veto (formal power) legislation - Trump vetoed at least 10 legislation, including Iran War Powers Resolution (terminate actions in Iran)
Bully pulpit (persuasion, soft power) - SOTU 2024 Biden calls for legislation of Border bill
The EXOP (bureaucratic department) discuss with interest group and persuade congresspersons to help legislation following the agenda of POTUS (iron triangle)
Congress can overturn vetoes with a supermajority (⅔ of the Congress) - congress overturned Trump’s veto on National Defense Authorisation Act (2021)
The founding fathers see Congress as the superior branch in the government - Constitution: congress = Article 1; executive = Article 2
checks and balances
separation of powers (constitution) that power is shared in the 3 branches
Presidents can appoint judicial nominees to extend their legacy through SCOTUS, e.g. Trump recommended 3 judges in the SCOTUS, including Brett Kavanaugh, Amy Coney Barrett, Neil Gorsuch -> voted against abortion rights in Dobbs v. Jackson (2022) (except Amy Coney Barrett)
POTUS can work with interest groups to exert influence on judicial verdicts through amicus curiae (friends of the court)
Congress can refuse to confirm the appointment - Mitch McConnell refused to confirm Merrick Garland’s judicial nomination by Obama
SCOTUS has massive checks on executive orders through judicial review (founded in Marbury v. Madison) - Trump’s Travel Ban was blocked based on 5th amendment -> POTUS has no power to overturn it and must obey the rulings (otherwise it is unconstitutional and ultra vires (overpowering))
SCOTUS judges are neutral and protected by life tenure (Article 3) -> not necessary to follow the ideologies of POTUS -> Amy Coney Barrett voted for abortion in Dobbs and Jacksons (2022) as a minority, Chief Justice John Roberts voted with the liberals in NFIB v Sebelius, David Souter was nominated by Bush as a ‘slam dunk for conservatives’ but went on to become one of the most liberal justices on the bench
Biden (2021-)
Bifurcated Presidency: domestically weak, internationally strong
First 100 days = Biden signed more than 60 executive actions in 100 days; 24 directly reversed Trump policies
State of the Union (2022): stated that he was willing to work with political rivals
Republicans believe him to be too ‘unfit’ for the role of president; many Democratic voters admit that they’re concerned about his age ahead of the his 2024 bid for re-election
Trump 2017 - 21 and 25 -
Hawkish Pragmatism: aggressive and erratic in his foreign policy approach
In 2017, Trump’s first Executive Order imposed a Travel Ban to Muslim countries (Iran, Libya, Somalia, Syria, Sudan, Yemen and Iraq); decision was upheld in the Supreme Court
Signed an Executive Order to build a border between Mexico and the US
In January 2020, he authorised an airstrike on targets in Iran resulting in the death of General Qassem Solemani
In May 2020, Trump vetoed the Iran War Powers resolution, a bipartisanship bill to suppress presidential authority over militant actions against Iran administered without congressional approval
Totalled the most executive staffing changes
The president can veto laws but congress can stop them
seen by Trump vetoing the Iran War Powers resolution (May 2020).
However, the Congress can override vetoes by gaining an agreement of a supermajority (⅔ of the congresspersons). This can be seen by the overridden veto by Trump on the defence spending bill in 2021, showing that the Congress can balance the executive formal power on influencing legislation.
the President can circumvent Congress’s power of ratifying treaties by signing executive agreements
such as a Joint Comprehensive Plan to Action that Obama signed with Iran in 2015, joining the Paris Accord in 2015 signed by Obama, the withdrawal from Paris Accord in 2020 by Trump, and rejoining the Paris Accord in 2021 by Biden.
However, this can be argued that executive orders can be restricted especially when it relates to military actions. The president cannot continue taking military actions or send troops by themself over 60 days without congressional approval, due to the restrictions from the War Powers Resolution 1973 (President cannot declare war).
As discussed, oversight can drop considerably at times of united government, making checks on the executive weak and ineffective.
Congress has also been criticised for being unsuccessful in utilising its impeachment powers.
