Presidency Flashcards
What are the formal powers of the president
Legislation Nomination Executive orders Pardons Commander in Chief State of the Union address Treaty signing Receiving ambassadors
Where has the President proposed legislation
Propose
Can propose in State of the Union address.
-> Obama asked at each 2010-15 for immigration reform
Where has the President signed legislation
Make into law
-> Bipartisan Infrastructure Act 2021
Where has the President vetoed legislation
Send back to Confress
-> War Powers Resolution 2020
What is the limitation of the Pres power of nomination
Senate must ratify this
John Tower rejected as Secretary of Defence in 1989 because he was an infamous womaniser.
To avoid humiliation, most Presidents will simply withdraw a nomination
Trump withdrew his nomination of Andrew Puzder in 2016.
PM’s power over nominating judges?
Only when a position is open
Bush nominated 327, but Trump only 157
-> Obama rejected trying to nominate Garland
-> Neil Gorsuch nominated by Trump 54-45, 2017
-> Ginsburg nominated by Clinton 96-3, 1993
PM’s power over recess appointments
Made when Congress is not sitting and last for 1 year without Senate approval
Bush made 171, like John Bolton as Ambassador to NATO
Obama did make 39, but 4 of his were rejected in NLRB v Canning 2014 (cannot make an appt if Senate is in recess for under 10 days)
When has an executive order been overturned
1984: Reagan forbade family planning clinics with federal funds advising abortion
1992: Clinton revoked it
2000: Bush brought it back in
2008: Obama revoked it
2016: Trump reinstated it
What are more successful executive orders?
EO 13813: Removed federal subsidies for Obamacare, 2017.
EO 13769: Muslim Travel Ban, 2018
EO 14068: Russia sanctions, 2022
When did the Supreme Court support an executive order
Trump v Hawaii 2018
Travel Ban was not beyond a President’s rights.
How many executive orders did trump sign in his first year
58 - more than any post-ww2 president!
What was the executive memorandum released by Obama?
DACA in 2012. Overridden by US v Texas 2016 due to the cost of it!
What were some recent proclamations?
2001: National Emergency by Reason of Certain Terrorist Attacks
2019: Humanitarian Crisis at Southern Border over lawless migration from Mexico.
How many pardons and commutations did Bush give
Pardons = 189 Commutations = 11
How many pardons and commutations did Obama give
Pardons = 212
Commutations - 1715 (mostly drug related)
How many pardons and commutations did Trump give
Pardons = 143 (116 in January 2021) Commutations = 94
What happened with Chelsea Manning?
Commutation by Obama in 2017 - leaked info on Iraq War
What happened with Steve Banning?
Pardoned by Trump over tax fraud.