Presidency

Question 1

Powers as head of executive - formal

Answer 1

• act as chief executive
• to nominate governement officials - these appointments must be confirmed by the Senate

Question 2

Foreign policy powers - formal

Answer 2

• to act as commander in chief
• to negotiate treaties (though they must be ratified by a 2/3 vote in the Senate in order to become operational).

Question 3

Legislative powers - formal

Answer 3

• to propose legislation - in annual state of the union address
• to sign/veto legislation
• to submit annual budget - drawn up by the Office of Management and Budget.

Question 4

Judicial powers - formal

Answer 4

• to issue Presidential Pardons
• to nominate federal judges - allows them to shape the Supreme Court how they wish

Question 5

To act as head of state

Answer 5

• they represent in the US in relations with foreign dignitaries and seek to unite the nation behind them in times of crisis
• presidents use their role as the head of state to drive US foreign policy in negotiations with foreign leaders.

Question 6

Informal - the electoral mandate

Answer 6

• a significant election victory is seen as giving the President a mandate to enact the key policies of their campaign

Question 7

Informal - executive orders

Answer 7

• decisions made by the President which give federal officials instructions to take certain actions. They have the same effect as laws, however they don’t require congressional approval and aren’t explicitly mentioned in the constitution.
• they have been criticised for allowing Presidents to make very significant changes to US policy and life without Congressional approval BUT they give President important powers when Congress wont work with them and that their powers shouldn’t be overstated as they can ultimately be easily revoked by successors.

Question 8

Executive Agreements

Answer 8

Made between the presidents and other nations. Allow the president to make important agreements without the need for the Senate’s approval that treaties require.

Question 9

Signing statements

Answer 9

Official documents issued by the President upon signing a bill into law. They often outline the President’s interpretation of the law and how they intend to enforce it.

Critics of signing statements argue that they allow presidents to essentially alter laws without congressional approval. They can be seen as encroachments on the separation of powers.

Question 10

Executive Privilege - informal

Answer 10

Allows the President and other high-level officials to withhold information from Congress, the courts, and the public, particularly when it involves sensitive national security issues or internal executive branch deliberations.

Question 11

National events - informal

Answer 11

Presidents have opportunities to lead, shape public opinion, and enact policies.

National events can also erode a President’s popularity if handled poorly or disrupt their attempts to drive through a policy agenda.

Question 12

The power of persuasion - informal

Answer 12

Allows the president to appeal directly to the American people and other political actors, shaping the political narrative and swaying legislative outcomes without formal constitutional authority.

Question 13

The cabinet - informal source of power

Answer 13

• the cabinet is made up of the Vice President and the 15 heads of federal executive departments.
• each member of the cabinet is responsible for a certain area of policy.
• plays a crucial role in advising the President on various policy areas.
• members have little independent power and will be fired if they clash with President.

Question 14

EXOP

Answer 14

Established in 1939 in order to provide the president with the support needed to govern effectively.

Primary roles include advising the President on various policy areas, assisting in decision-making, overseeing government departments and the President’s agenda.

• EXOP at times has challenged the traditional role of the cabinet

The National Security Council within the EOP has often played a more prominent role in shaping foreign policy than the Secretary of State.

Question 15

National Security Council

Answer 15

Responsible for coordinating and advising on national security and foreign policy matters.

Question 16

Office of Management and Budget

And under Trump

Answer 16

Oversees the preparation and administration of the federal budget.

Instrumental in drafting budget proposals that prioritised increased military spending and substantial cuts to environmental, health and social services programs under Trump.

Question 17

White House Office

Answer 17

Comprises the President’s key personal and political staff members who directly assist and advise the President in various capacities.

Question 18

The office of legislative affairs

Answer 18

Manages the President’s relationship with Congress. Serves as the primary channel of communication between the White House and legislative branch of the federal government.

Question 19

The President’s foreign policy powers in the constitution

Answer 19

Commander-in-chief of the Armed Forces
Given under article 2 of the constitution
Grants the president supreme command over the military forces.

Power to negotiate treaties
under article 2
Enables the President to shape international relations and commitments. Treaty-making is a fundamental tool for establishing international agreements on various issues, including defence, trade and environmental policies.

Appointment Power
Under article 2
Allows the president to choose key representatives of the United States in foreign countries and international organisations.

Receiving Ambassadors and Foreign Officials
Article 2
Power enables the president to engage with foreign governments officially, essentially recognising and interactive with other nations.

Head of State
Not explicitly defined in the constitution but is implied including in article 2.
President represents the US at all official functions, both at home and abroad.

Question 20

The overall intention of the constitution in dividing foreign policy powers:

Answer 20

A president with significant control
Constitution was drafted with a clear vision of empowering the president to take a leading role in directing the nation’s foreign policy and national security. As Commander-in-Chief, the president is endowed with the authority to make swift and decisive military decisions, crucial for responding to immediate threats and ensuring national security. Similarly the power to negotiate treaties allows the President to shape international relations and commit the nation to global agreements.

Congress with significant checks
However, the founding fathers, deeply conscious of the risks of concentrated power, instituted significant checks and balances, particularly through the powers vested in Congress. Including authority to declare war and the power of the purse.

A balance between swift action to protect nation and shared responsibility for important decisions
This system was designed to strike a delicate balance: while recognising the need for the President to act swiftly and decisively in defence of national interests, it also places the weight of big foreign policy decisions, like going to war, under the shared responsibility of both the President and Congress.

Question 21

How presidential power over foreign policy has been stretched beyond the constitution:

Answer 21

Executive agreements
Represent a significant shift from the constitutional requirement for Senate ratification of treaties.
This shift has enabled Presidents to engage in international diplomacy and create binding agreements with other nations without the legislative oversight that ratification entails.
With increasing polarisation in Congress, however, it is unlikely that any treaty negotiated by a President will be confirmed by 2/3 of the Senate. Therefore the shift to using executive agreements to a much greater extent can be seen as necessary.

Question 22

Use of military force without formal declaration of war

Answer 22

Cold War era marked a significant departure from the traditional process of Congressional declarations of war as outlined in the Constitution.

This period saw Presidents increasingly deploying military forces without formal war declarations.

Question 23

The War Powers Resolution

Answer 23

Represents Congress’ efforts to reclaim its war-declaring authority, which had been increasingly overshadowed by executive military actions.

The law mandates that the president must consult with Congress before deploying armed forces and requires withdrawal of forces after 60. Days unless Congress grants an extension or declared war.

Question 24

Using the power of the purse to defund military interventions

Answer 24

By controlling the federal budget, Congress has a powerful tool to influence foreign policy, particularly military interventions.

Through appropriations and specific funding restrictions, Congress can prevent the allocation of funds for certain military operations, effectively constraining the President’s ability to project military power.

Question 25

Increased oversight and investigation

Answer 25

• congress has actively employed its oversight and investigative powers to scrutinise and influence the executive’s foreign policy decisions.

This heightened scrutiny serves multiple purposes: to ensures executive accountability, provides a platform for publicising issues of concern, and allows Congress to influence policy directions.

These investigations also serve as a critical tool for transparency, offering insights into the decision-making processes and implications of foreign policy actions.

Question 26

Congressional leaders taking an active role in foreign policy

And example

Answer 26

Actions ranging from visits to foreign nations to investigations to foreign leaders to address Congress, represent a more direct form of Congressional involvement in foreign affairs.

Nancy Pelosi’s visit to Taiwan

Question 27

How public opinion constrains the President’s control over foreign policy

Answer 27

• the president’s control over foreign policy, while constitutionally robust, is significantly constrained by public opinion, especially in context of foreign wars.
• the President, as the figurehead of U.S. foreign policy, becomes increasingly vulnerable to public disapproval, which can manifest in tangible political shifts.
• this dynamic is particularly evident during midterm elections, where dissatisfaction with ongoing military conflicts often results in voters electing Congressional representatives who oppose the President’s policies.
• In essence, public opinion acts as a crucial check on presidential power, especially in matters of foreign wards, and can lead to significant changes in the composition and priorities of Congress, directly impacting the President’s foreign policy agenda.

Question 28

Arguments the president can dominate foreign policy

Answer 28

• the president is given significant foreign policy control in the constitution
• presidential power has grown significantly beyond the constitution
• crises and public opinion cab bolster President’s legitimacy to control foreign policy.
• president dominates when quick decisions are needed

Question 29

Arguments that the president can’t dominate foreign policy

Answer 29

• congress has significant limits over the president’s foreign policy control in the constitution
• congress has attempted to reassert itself in foreign policy in response to increase in President’s control beyond the constitution.
• president’s foreign policy is significantly limited by public opinion.

Question 30

Constant limitations on president’s power:

Answer 30

The constitution and Supreme Court
The president cannot implement policies or take executive actions that contravene constitutional provisions or established laws.
This means that the President must navigate within the boundaries of the Constitution, and any attempt to extend their influence or achieve goals that overstep these boundaries can be checked by the Supreme Court through its power of judicial review.

Separation of Powers
Consistently limits the powers of the President, irrespective of other varying factors such as the state of the government or personal persuasiveness and political strategies of the incumbent president.
The President, therefore, cannot legislate or adjudicate, and their ability to execute laws is contingent upon the boundaries set by legislation and judicial interpretation.

Question 31

Supreme Court numbers and appointments

Answer 31

• the number of SC appointments a president can make significantly influences their lasting impact on the political process. These appointments, often lasting decades, have profound implications due to the Court’s role in shaping fundamental legal, social and political issues.
• the composition of the Supreme Court during a president’s tenure significantly influences their power.

Question 32

The electoral mandate and first 100 days

Answer 32

At the beginning of a Presidency, the president has been given a clear and decisive endorsement by the electorate to implement their agenda. This perceived mandate can significantly bolster a president’s power early in their term.

Presidents often leverage this honeymoon period to push through key pieces of legislation under what is almost always a unified government.

Question 33

The importance of midterms

Answer 33

• midterm elections, occurring halfway through a president’s term, are crucial in shaping the remainder of their presidency. They serve as a barometer of public opinion and can significantly alter the balance of power in Congress.
• successful - can sustain or even increase the president’s ability to pass legislation
• loss - can lead to a gridlocked government and a President having to try to pursue their agenda unilaterally with executive orders for the remained of their presidency.
• poor midterms can also indicate to a President’s party and members of Congress that the President is unpopular, which can lead to members of Congress distancing themselves from the President and their agenda.

Question 34

Lame duck presidency

Answer 34

Refers to the period when a president is nearing the end of their tenure, particularly after a success for has been elected pr when they are ineligible for reelection.

During this phase, a presidents power and influence typically diminish. Policymakers, lobbyists and foreign leaders might begin to shift their focus to the incoming administration, reducing the incumbent’s ability to shape policy or enact significant changes.

DURING THE LAST YEAR OF HIS PRESIDENCY OBAMA WAS UNABLE TO APPOINT SC NOMINEE MERICK GARLAND.

However, lame-duck periods can also see presidents taking bold actions, especially in foreign policy or through executive orders, as they are less constrained by political repercussions.

OBAMA TOOK SEVERAL FOREIGN POLICY ACTIONS, INCLUDING NORMALISING RELATIONS WITH CUBA.

Question 35

The influence of increasing polarisation

Answer 35

• it can be argued that increased political polarisation over the past decade in particular has heightened the truth of imperial, imperilled and dual presidency theories.
• though the president still remains powerful and is able to pass legislation under a unified government, when the opposition party takes control over a chamber of Congress, they are majorly imperilled, as Congress often refuses to work with the President, seeks to halt their agenda and block their every move.
• this leads to the imperial presidency, as the executive must use executive orders, agreements and other methods to seek to achieve their policy goals so that they can please their supporters and have a strong platform from which to seek reelection.
• they are also driven to focusing on foreign policy, where Congressional oversight and influence has been more limited, as it allows them to have influence and make a mark as president despite their relative impotence domestically.

Question 36

Ways in which the president remains accountable to congress

Answer 36

• congress has oversight power, enabling it to review, monitor, and supervise federal agencies, programs, activities, and policy implementation, ensuring hat the President adheres to the law and public interest.
• in foreign policy, while the president is commander-in-chief, congress has the power to declare war and ratify treaties, whilst it can seek to assert itself in foreign policy using the power of the purse and legislation such as the War Powers Resolution.
• Congress holds the impeachment power
• the president requires legislative support to pass enduring policies that cannot be easily reversed by successors
• Congress controls the federal budget through its power if the purse, limiting the President’s ability to implement programs without legislative approval and fiscal support.
• the Senate’s power to confirm presidential appointments
• under divided government, congress can disrupt the presidents agenda
• Congress can override a presidents veto

Question 37

Ways in which the presidents accountability to congress is limited

Answer 37

• the president often has significant leeway in foreign policy decisions, with congressional checks often proving ineffective due to the fast-paced nature of international relations and the presidents role as commander-in-chief.
• executive orders allow the president to unilaterally drive domestic policy, bypassing the legislative process and enabling swift policy implementation without congressional approval.
• in foreign policy, the president can use executive agreements, which do not require senate ratification, thus exerting considerable influence without congressional checks.
• early in their term, presidents can leverage their electoral mandate to push through policies, capitalising on their recent election victory to assert their agenda.
• when the government is unified under one party, the president often receives less effective oversight from congress.
• a popular president can exert significant influence over party members in Congress especially if they have strong support from the party base, thereby swaying legislative decisions and diminishing checks of their power.