Presidency

Question 1

What is the Dual Presidency?

Answer 1

A theory of presidential power by Aaron Wildavsky.

Based on the principle that there are two roles for the US president.

1. Domestic Policy
2. Foreign policy

Wildavsky argues that Presidents prefer to focus upon foreign policy as he is given more constitutional, traditional and statutory authority to do so - compared to domestic policy.

Question 2

In the theory of the dual presidency, why are president’s more active in foreign policy?

Answer 2

1. They can act more quickly than Congress

2. Lack of interest groups in foreign affairs

Question 3

Why has the dual presidency theory changed since the 1960s?

Answer 3

Domestic impact of foreign policy has become more important.
The line between domestic and foreign policy is increasingly blurred.

Question 4

What is the presidential theory of the power to persuade?

Answer 4

A theory by Richard Neustadt that the authority of the president rests upon the ‘power to persuade’.

Because of the separation of powers, the president needs to build coalitions of support in Congress and thus a personal style of leadership is crucial.

Also need to persuade executive branch officials in the Cabinet and federal bureaucracy.

Question 5

Examples of the power of persuasion

Answer 5

Eisenhower: Little rock high school

LBJ:

• Civil rights
• Great Society

Obama

• Healthcare
• Syria and Chemical weapons

Question 6

What is the theory of the imperial presidency?

Answer 6

A theory of presidential power by Arthur Schlesinger Jr which suggests that the President acts as the leader of an Empire, exceeding constitutional limits.

Symbolised by US involvement in Vietnam where 58,000 Americans died with no declaration of war.

Question 7

Nixon’s 6 charges

Answer 7

1. Pursued a policy of impoundment - choosing not to spend money allocated by Congress (As they intended)
2. Enforced laws on a selective basis
   - Failed to enforce part of Civil Rights Act that would cut off funds to schools who discriminated.
3. Power of presidential aides
   - Wielded much more power than those in executive departments
4. President used government agencies to pursue personal vendettas and silence critics
5. Executive privilege was being used to prevent scrutiny by Congress
   - Privilege allowing executive to withhold information from Congress but US v Nixon 1974 ruled that Nixon was not permitted to withhold Watergate tapes.
6. Presidential press conferences were not being held as often as they should.
   - Instead, TV was used to address the Nation.

Question 8

Examples of imperial presidency (Reagan)

Answer 8

Grenada, Libya - no approval from Congress

Use of veto/pocket veto
Use of executive agreements
Use of executive orders

Question 9

Examples of imperial presidency (G.W Bush)

Answer 9

1. War on Terror
2. Patriot Act

But.. Second term - Lame duck

Question 10

What is the theory of the imperiled presidency?

Answer 10

A theory in contrast to the imperial presidency. It suggests that a President does not have enough power to be effective.

Question 11

Examples of imperiled presidency

Answer 11

Ford - Crooked deal
Carter - Iran Hostage Crisis
Bush Snr - Gulf War 1991 but economic difficulties - 1990 recession

Clinton
- High approval ratings and economic recovery BUT personal scandals

Question 12

What is the theory of the cyclical presidency?

Answer 12

A theory of presidential power by Charles O. Jones which states that many variables affect the President. The president goes from periods of power to periods with a lack of power.

Elections
Public opinion
Economy - boom/bust cycles

Question 13

Powers of the President

Answer 13

1. Propose legislation
2. Submit the annual budget to Congress
3. To sign legislation passed by Congress
4. To veto legislation passed by Congress
5. To act as chief executive
6. To nominate executive branch officials
7. To nominate federal judges
8. To act as commander-in-chief
9. To pardon felons
10. To negotiate treaties.

Question 14

How can presidents propose legislation?

Answer 14

1. Sets out the legislative agenda at the State of the Union Address each year.
2. Can propose legislation at any time by calling a press conference or making an announcement at a public event.

Question 15

How many veto’s have been used by presidents up to Bush?

Answer 15

1500 of which Congress has overridden just over 100

93% Success rate

Bush’s rate of 64% was 3rd lowest of any president

Question 16

How can a veto be overridden?

Answer 16

2/3 majority in both houses

Question 17

Example of Bush’s vetoes

Answer 17

1. Child’s Health Insurance

2. Food Conservation/Energy - Overriden veto

Question 18

Examples of negotiating treaties

Answer 18

President Obama negotiated START with Russia in 2010 - a major nuclear arms control agreement.

Question 19

Example of treaty ratification rejected by Senate

Answer 19

1999 - Senate rejected Clinton’s Comprehensive Test Ban Treaty by a 48-51 vote.

Question 20

Roles of the president

Answer 20

1. National Leader - Obama and Ferguson (civil rights)
2. Party leader - Obama’s State of Union 2015
3. Commander in Chief
4. Manager of the economy
5. Chief diplomat

Question 21

Reagan’s foreign policy

Answer 21

Set the tone for Cold War diplomacy with his tough stance on the USSR.

• START encouraged decreasing military capabilities
• Various military interventions, including Grenada in 1983 followed this agenda.

Question 22

Partisanship and foreign policy

Answer 22

• The “at the waters edge” convention of Congressional scrutiny is over.
• Congress has the right to ‘fast track’ trade policy rights - to give the President the ability to make trade treaties quicker - NOT given to Obama.
• Since Vietnam, foreign policy is increasingly scrutinized by the press and the people.

Question 23

Limits on the president’s role as commander in chief

Answer 23

1. Congress declares war
2. War Powers Resolution 1973 - 60 day rule
3. Congress holds the purse strings

Question 24

Limits on the president’s role as chief diplomat

Answer 24

1. Senate has to approve treaties

2. Congress holds the purse strings

Question 25

Limits on the president’s role as the party leader

Answer 25

1. Separation of powers - hard to control a bill
2. Congress can override a veto
3. Parties too decentralized to control
4. Separation of powers prevents party patronage in Congress
5. Term limits

Question 26

Limits on the president’s role as manager of the economy.

Answer 26

1. Congress holds the purse strings
2. Freedom of the US economy
3. Independence of the federal reserve since 1950s
4. International forces

Question 27

Limits on the president’s role as national leader

Answer 27

1. Can only appoint ambassadors with approval and advice of Senate.
2. Congress has powers of general scrutiny and public investigation

Question 28

Limits on the president’s role as chief executive

Answer 28

1. Congress has the power of impeachment and trial
2. Limited by public opinion and term limits
3. Congress holds purse strings
4. Scrutiny of agencies by congressional committees
5. Spending and efficiency scrutinized by congress.
6. Bureaucracy is too large to effectively control
7. Choice of appointments limited by public opinion and senate approval
8. Congressional budget and approval

Question 29

In what ways can Congress check the power of the president?

Answer 29

1. Override veto
2. Amend the budget
3. Amend/block legislation
4. Confirm appointments of executive officials
5. Confirm appointments of federal judges
6. Investigation/impeachment/removal
7. Senate must ratify treaties
8. Power of the purse
9. Declare war

Question 30

In what ways can the Supreme Court check presidential power?

Answer 30

1. Can declare actions of the executive to be unconstitutional.

E.g Rasul v Bush 2004 - Judicial oversight of foreign detainees at Guantanamo

Hamdan v Rumsfeld 2006 - Overruled the right of military commissions set up by Bush to try detainees.