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Presidency Flashcards

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1
Q

Domestic Policy

A

Domestic policy are administrative decisions that are directly related to all issues and activity within a nation’s borders.

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2
Q

Electoral mandate

A

Authority to govern after being elected. Larger winning majority, larger mandate/power.

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3
Q

Executive order

A

In the United States, a federal executive order is a directive issued by the president of the United States that manages operations of the federal government.

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4
Q

Imperial presidency

A

Served as the title of a 1973 book by historian Arthur M. Schlesinger, Jr., -

that the “presidency was _uncontrollable_ and that it had _exceeded its constitutional limits”_

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5
Q

Imperilled presidency

A

The “Imperilled Presidency” was a theory of former President Gerald Ford. Ford argued that rather than being too powerful, the president does not have enough power to be effective. When a president is seen as weak, and congress hold a lot of power.

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6
Q

Unified Government

A

when executive branch party is the same as the party holding congress.

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7
Q

Power to persuade - whos theory and explain

A

In 1960, the political scientist Richard Neustadt announced that ‘Presidential Power is merely the power to persuade

In order to have influence they use power of persuasion, they write, call and meet with congressional leaders, make public announcements to force public opinion on congress, they use their role as leader of the party to influence.

They can publicly denounce someone or promise endorsement. Bush’s military action in Iraq flew through congress as he had such large public support after 9/11.

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8
Q

Presidential powers in the constitution (9)

A
  • Signing/vetoing legislation
  • Appointing federal judges
  • Making treaties
  • Granting pardons
  • Commander in Chief
  • Executing laws
  • Giving the state of union address
  • Receiving ambassadors
  • Calling special sessions of congress
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9
Q

Quote in Article 2 and what this means

A

“the Executive power shall be vested in a President”

this makes it an individual. showing that only the president has constitutional powers, not the whole executive branch.

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10
Q

Who can become President?

A

Must be a natural born citizen, Must be at least 35 years old, Been a resident for 14 years within the US.

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11
Q

Process of becoming president

A

Parties choose candidates through primaries and caucuses, then there is a nationwide vote in each state and via the electoral college a president is chosen.

Sometimes the popular vote is different to the electoral college result - eg Hillary won popular vote but Trump won EC.

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12
Q

Head of State v Head of Government

A

State - Representative of US to the world. Attending global summits, commander in chief and receiving ambassadors. Public figure

Government - Domestic politics, vetoeing, appointing his cabinet, delivering state of union adress. Political figure.

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13
Q

Roles of President: Chief Executive

A

President is constitutionally bound to enforce the acts of congress, judgement of the federal courts and treaties signed by the US.

To help with this they have the Federal Bureaucracy which has 2.8 million federal civilian employees. Trump has been an open critic of this.

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14
Q

The powers of appointment and removal:

A

President can appoint to cabinet and sub-cabinet jobs and a few others.

The president’s power to remove office officials is not explicitly laid out in the constitution but there are 10 agencies the President can remove directors from at any time. (includes all ExOp and cabinet departments.)

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15
Q

2 Examples of presidential appointments and removal.

1 of Congress blocking

A

Whitaker was appointed by Trump as ‘acting’ attorney general through federal vacancies act and therefore didn’t need congressional approval.

James Comey was removed by Trump because he was going to investigate Flinn and eventually Trump.

However, Senate can block Cabinet appointments. John Tower 1989 (Defence Secretary) because of alcohol abuse.

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16
Q

The power to grant reprieves and pardons + 3 eg pardons

A

Power of the pardon was upheld by SC in 1925 stating that the president could grant pardons for all offences.

One man decision, no check by Congress. Check on the courts.

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17
Q

4 examples of the power of the pardon being used.

A

Trump said that people who were being ordered to testify in his case would be pardoned if they were charged for not cooperating. Trump even spoke of pardoning himself.

Trump Pardoned Joe Arpaio who was ordered by a court to stop racial profiling and charged with contempt of court when he didn’t. He was pardoned because he was a trump loyalist.

Trump pardoned Eddie Gallagher when he killed an Iraqi civilian and took a photo with the corpse. Pardoned because he was a soldier and conservatives like soldiers.

Nixon was pardoned in 1974 by Gerald Ford after his resignation for Watergate scandal.

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18
Q

Roles of President: Commander in Chief

A

President controls armed forces. The president is the only one who can use nuclear force.

Constitutionally, congress is the only one who can declare war.

However, The president can send troops into a country and its basically the same.

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19
Q

Examples of presidents circumventing the War Powers Act

A

2007 - Bush vetoed a resolution to pull funding for the Iraq War.

2011 - Lybia - did not constitute “hostilities”

2013 - Syria - Notified Congress with every air strike so never got approval.

Jan 2020 - Trump orders assasination of Iranian General without approval.

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20
Q

War Powers Resolution

Year? and description+ one good example

A

1973

Congress trying to gain more control over military activity. Requires President to consult Congress when sending military troops into action. - Once they are sent the President must report them to congress within 48 hours. - Congress must approve them within 60 days or they must be withdrawn.

Bush followed the act when invading Iraq

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21
Q

Intelligence meetings and Joint Chiefs of Staff examples

A
  • Intelligence meetings; Bush attended his 6 days a week without fail. During 2011 and 2012 Obama’s attendance was 38%.

Joint Chiefs of Staff - Trump originally wanted to pull out of Afghanistan but was convinced by his JCS to commit more troops.

Obama always said he would intervene if Syria “crossed the red line” and used chemical weapons on their people and then had a talk with Denis McDonough, chief of staff and decided against it.

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22
Q

Roles of President: Chief Diplomat (4)

A

Power to recognise foreign governments,

To make treaties with the advice and consent of the senate

To make executive agreements/Non Binding Political Commitments with other heads of states that do not require congressional approval

Nominate ambassadors.

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23
Q

Diplomatic recognition and example

A

Power to recognise or refuse to recognise foreign governments.

Eg Trump recognised Jerusalem as Israel’s capital as lots of his far right supporters are pro-Israel.

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24
Q

Proposal and Ratification of Treaties

1 ratified and 2 not EGs

A

The president has the sole power to negotiate treaties and these treaties must be presented to the senate and must be approved by a 2/3 vote.

Eg of treaties SALT 1&2 - Strategic arms reduction (USSR and US) - ratified

Comprehensive test Ban Treaty 1996 signed but not ratified

UN Rights of the Child Treaty - not ratified

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25
Q

Executive Agreements

A

Does not require Senate approval, although they may refuse to appropriate funds.

Allows the President to have a lot of power to determine who the US has relations with.

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26
Q

The Two cases regarding executive agreements

A

US v Pink 1942 stated that executive agreements have the same legal status as treaties but did not need congressional approval.

Reid v Covert 1957 - the court held that the agreements cannot contradict existing federal law or the constitution.

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27
Q

Act regarding executive Agreements and details of.

A

Case-Zablocki Act of 1972 requires the president to inform the Senate within 60 days of an executive agreement being made.

This means Congress can vote on whether to cancel it or refuse to fund it.

There have been far more EAs (9000+) than treaties (1300) Many EA’s have secret provisions calling for military assistance.

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28
Q

Non-Binding political agreement. Eg and explain?

A

Iran Nuclear Deal - because it is renewed every 6 months it means Presidents have to take responsibility they cannot blame on previous presidents they have to actively sign it.

Trump stopped signing the Iran Nuclear Deal in 2018.

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29
Q

Congressional Executive Agreement

A

Simple majority in the house and senate to end + president wanting to.

Eg NAFTA - North America Free Trade Agreement.

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30
Q

Roles of President: Chief Legislator

A

Must recommend to Congress legislation they deem necessary and expedient.

They give their state of the union address to Congress in jan, laying our their agenda.

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31
Q

President saying no to legislation

A

the president can veto a bill - they just don’t sign it and attach a veto message.

Congress can then change the bill and send it back or abandon it. Or alternatively they can override the presidents veto with a SUPER MAJORITY (2/3)

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32
Q

Legislation that has been vetoed but sometimes overridden

A

JASTA - vetoed by Obama and then overridden by Congress

Keystone XL pipeline - vetoed by Obama

Obamacare- Obama vetoed something that would have dismantled Obamacare.

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33
Q

Pocket veto

A

The president can pocket veto a bill by not signing something (which after 10 days would normally become law) but if Congress adjourn within those 10 days then it is effectively killed for that session.

The next congress will have to start that process again and Congress can not override this veto.

Eg Bush used this to veto Congress using power of the purse to reduce funding to the iraq war.

34
Q

Line item veto

A

Lobbied for by Reagan,

1996 Congress passed a law providing it.

It basically meant presidents could veto individual lines of the bill instead of the whole thing.

Could be used to tackle log rolling.

35
Q

Supreme court on line item veto

A

1998 Clinton v City of New York

Stated it was illegal as there was no constitutional provision that stated the President could amend legislation, this seems to cross the branches.

36
Q

special use of powers: emergency powers - national emergency

How did Congress used to end and how do they now?

A

Powers exercised by the president during a time of national emergency.

Congress used to have restrictions on this like they could end it with a concurrent resolution (both houses but no need for presidential approval.)

However after a 1983 SC case they now need a joint resolution (needs P approval.)

37
Q

Examples of national emergencies

A

Iranian hostage crisis (1970s) every president has continued this crisis and kept the powers on.

Trump used a national emergency to receive funds for his wall at the southern border. He did this to get around Congress’ role of appropriating funds.

38
Q

Executive orders

A

issued by the president and has affect on the law with no congressional approval.

They can contradict congressional laws but have the risk of being overturned by the Supreme court.

39
Q

Examples of executive orders

A

Trump’s muslim ban - rejected 3 times by court but Trump kept changing things eg adding countries and got it through. (Trump v Hawaii)

Trump’s transgender military ban which was challenged

Obama raised minimum wage for f_ederal contractors_ to $10.10

DAPA - struck down

DACA - stands

40
Q

Executive privilege

A

the presidents ability to refuse to appear before or withhold information from Congress or the courts.

Relies on separation of powers.

Congress cannot subpoena the presidential communications, conversations the president directly has. The president must receive candid advice and the only way they can do that is if they know it wont be public. Trump has used this to not testify in the Mueller investigation and the impeachment. Nixon failed.

41
Q

Supreme court cases regarding executive privilege

A

US v Nixon 1974 the court ruled that Nixon could not claim executive privilege in not handing over the tapes as EXPRIV does not apply to criminal proceedings.

Committee on the Judiciary v Miers 2008; Court ordered Bush administration to comply with the subpoena and make to former white house counsel Harriet Miers to testify.

42
Q

Eg of successful power of persuasion and unsuccessful

A

Obama had a strong electoral mandate and managed to pass Obamacare in 2010 due to his bipartisan appeals to republicans, healthcare summits and popularity.

Trump, with the same control of senate and house failed to pass the repeal and replace act which would have got rid of Obamacare. this is because he had a weaker electoral mandate and therefore the congressmen were less inclined to work with him as he didn’t hold much power of persuasion.

43
Q

EXOP

A

Created in 1937 recognising the president needs help.

Usually found in the west wing of the white house. Includes

  • The National Security Council,
  • The Office of Management and Budget
  • The White House Office
44
Q

National Security Council

A

1947 est.

Coordinates military, foreign policy, security info and policy for the president.

Briefs the president daily.

Importance varies depending on the president and whether they want to rely on them or the state and defence departments.

45
Q

Office of Management and Budget

A

1970 est.

Advises the president on the budget and oversees the federal department spending.

Headed by the senate confirmable OMB director.

Ensures all the presidents initiatives are budgeted correctly.

46
Q

White House Office

A

Most trusted presidential advisers.

Headed by white house chief of staff.

Act as a link between president and cabinet members.

Control access to the president.

Brief the press and organising access to him.

47
Q

Factors affecting the presidential relationship with Congress (5)

A

Elections - Congress has more frequent elections and therefore must look to satisfy their constituents more.

Persuasion- Popularity = easier to persuade congress to act with.

Divided Government - the majority party in government might be different to the presidents, straining the relationship.

Separation of powers - the president is dependent on congress for money, war, legislation.

Presidential action - executive orders can cause tension as they can come across as circumvent congress’ power,

48
Q

Factors affecting the presidential relationship with The Supreme court (3)

A

Appointments - a lucky president may get the chance to appoint to the court with someone who will change the court in favour of their ideology. Eg Trump appointing Gorsuch, Kavanaugh and now Comey Barret.

Judicial Review - The SC can interpret the constitution and strike down President’s executive order. Eg Obama’s DAPA in Texas v US 2016.

In the Media - Some justices speak out about political events and it causes tension.

49
Q

Limits on presidential power (3)

A

Presidential popularity - coat-tails affect; if constituents support a president they are more likely to support the senator/representative of that party.

The election cycle - with fixed term elections, a president always has to look at the electoral calendar. Divided government? Second election may act as a referendum on all his actions beforehand distraction of next election..

National events - the way presidents handle crises is important, terrorist attacks, mass shootings or pandemics.

50
Q

Trump’s approval rating covid

A

Trump’s approval ratings were at 42% in March 2019 because of covid handling.

51
Q

Bill Clinton successful things (9) (1993-2001)

A
  • Raising tax on wealthiest.
  • Welfare reform (Family and Medical Leave Act, paid leave for workers)
  • Smaller federal government
  • Economic growth - Bringing down the deficit (defecit reduction act)
  • 1996 raised minimum wage by 90%
  • Made 373 judicial appointments, more women and minorities than ever.
  • signed Comprehensive test ban treaty - wasnt ratified
52
Q

Bill Clinton failures

A
    • Didn’t expand civil rights far enough.
  • Impeached (1st round)
  • Lied under oath and obstruction of justice, sexual harassment lawsuit with intern.
  • Sent troops to Haiti without congressional approval
53
Q

George bush Successful things (2001-2009) (6)

A
  • Increased defence spending
  • Tax cuts
  • Education + Healthcare reform
  • War on terror post 9/11 - placed economic sanctions on Syria and Iran.
  • Successfully nominated 2 SC justices.
  • 2001 announced creation of Homeland Security Office.
54
Q

George Bush Failures (3)

A
  • Iraq war caused major issues for US
  • fell through for a lot of foreign policy promises
  • Guantanamo bay - Ramdan v Rumsfeld 2006
55
Q

Barack Obama 2009-2017 successful things (8)

A
  • healthcare reform ACA
  • Stimulating the economy
  • Ending the war in Iraq
  • reforming nuclear weapons
  • Closed Guantanamo bay
  • Stimulus package 2009 ARRA
  • DACA
  • Iran deal
56
Q

Barack Obama failures (5)

A
  • Immigration reform (DAPA)
  • Minimum wage
  • Gun control (Assault weapons Ban failed)
  • Bombing in Libya and Syria
  • ordered killing of Bin Laden without congressional approval.
57
Q

Donald Trump 2017-2020 successes (9)

A
  • Built part of the wall but not all.
  • Tax reform (tax cuts and jobs act)
  • 3 nominations to the supreme court
  • more isolationist
  • ended DAPA
  • Recognised Jerusalem as Israeli capital.
  • Met with leader of North Korea (first leader to do so)
  • Withdrawal from Paris Accord and the Iran Nuclear deal
  • 2017 Muslim ban and court upheld it.
58
Q

Trump’s failures (5)

A
  • handled pandemic badly
  • handled BLM badly
  • Failed to rescind ACA and Pass AHA.
  • Department of Commerce v New York 2019.
  • First President to be impeached twice after storming of capitol.
59
Q

What the president controls when it comes to foreign policy? (6)

A
  • The choice of cabinet secretaries
  • The US armed forces as Commander in Chief.
  • The NSC (national security council)
  • The ability to receive ambassadors and recognise countries
  • The ability to negotiate treaties.
  • Executive Agreements
60
Q

What congress controls when it comes to foreign policy? (5)

A
  • The power of the purse - can defund any troops.
  • The Senate has the right to ratify treaties.
  • The power to declare war (1942)
  • The right of the senate to approve cabinet members
  • War Powers Resolution 1973
61
Q

Balance of power when it comes to foreign policy

A

Congress tends to be slow and considered, not always what you need in fast moving situations.

This is why the president seems to have power over foreign policy.

However, they are likely to be highly scrutinised by Congress after something happens and this might affect their popularity and power.

62
Q

Obama Syria Air strikes

A

Already come under serious scrutiny for air strikes in Syria in 2011.

2013. He notified and consulted congress but did this for each air strike which meant it never lasted 60 days and he never got their approval.

63
Q

The Imperial Presidency theory

A

Arthur Schlesinger - New executive agencies have been created along with cabinet departments and they tend to have more power as they don’t need to be senate approved.

President has a lot of power over foreign policy, some say its not very constitutional.

Elections are stuck every 4 years so they can only be held accountable then and through rare impeachment.

64
Q

The dual presidency theory

A

Aaron Wildavsky - two versions of US president - domestic and foreign.

President prefers to focus on foreign policy.

This is because they have more authority and can act quicker than congress, also there is less interest group activity.

65
Q

Examples of Presidents circumventing the powers of the war powers act

A

In 2007 - congress tried to stop the Iraq war involvement but Bush vetoed the resolution.

2011 - Lybia - did not qualify “hostilities”

2013 - Syria - Notified Congress at every air strike so neevr seeked their approval.

In Jan 2020 Trump assassinated a high up Iranian General without consulting Congress and Iran said they would take revenge.

66
Q

What act changed how national emergencies worked? How has this act changed over time? SC case?

A

The National Emergencies Act of 1976 allowed for Congress to cancel a national emergency in an expedited manner (it could not be filibustered).

In INS V. Chadha (1983), the Supreme Court held that the use of a concurrent resolution (does not need President’s signature) was unconstitutional as it violated the Presentation clause, and so the act was amended to use a joint resolution. (needs P’s signature)

67
Q

What are the limits of an executive order?

A

Under the Administrative Procedure Act (1946), all executive orders must be published in the Federal Register. They must not be ‘arbitrary and capricious’

If Congress is against the EO, then it has low effect - as legislation can be passed that negates it. If Congress supports the EO, it has a high level of power.

68
Q

How has Biden used executive orders so far?

A

On his first day in office, President Biden signed 9 executive orders.
By his third day, he had signed 18.

These rescinded a range of Trump’s most controversial orders, including the muslim ban and the transgender military ban, as well as stopping construction of the border wall and rejoining the Paris agreement/WHO

He introduced a mask mandate and attempted to ramp up vaccine/PPE production and COVID testing

69
Q

Bill Clinton - social policy

A

Focus on minority protection and tackling discrimination.

‘don’t ask don’t tell’ act allowed gay people to serve in the military provided they keep quiet about their sexual orientation.

Also appointed more female and minority judges than any previous president.
Family and Medical leave Act passed allowing workers to take 12 weeks leave to care for their baby.

70
Q

Bill Clinton Foreign Policy

A

Expanded US presence in Africa, being the first president to visit Botswana and South Africa and he also sent troops to Somalia in 1993-4

Clinton was somewhat hesitant in his involvement in Rwanda, however and he later stated that his failure to act fully there was one of the biggest regrets of his presidency.

Organised strikes on Iraq, Afghanistan, Sudan and on Serb forces in Kosovo.

71
Q

Bill Clinton on Economic Policy

A

Clinton signed NAFTA (the North American Free Trade Agreement).

Clinton was focused on economic policy to a great extent, signing the Deficit Reduction Act in 1993.

Clinton could not have passed this through an executive order, and he had to involve Congress in the formation of this act.

Clinton also wanted to increase equality and set about doing so by increasing the minimum wage which he did by 90% in 1996

72
Q

Interesting point about the deficit reduction act 1993

A

Clinton only passed this because it was a complete 50/50 in congress so Al Gore his VP was the deciding vote.

Might show that the President has more power than congress, but this is rare circumstance.

73
Q

George Bush - Foreign Policy

A

Mainly focused on post-9/11 on a ‘global war against terrorism’

Created the department of Homeland security through an executive order

Invasion of Iraq in 2003 so as to arrest (and eventually kill) Hussein – also claimed Iran

Detentions at Guantanamo Bay – his efforts to detain supposed terrorists were countered by the Supreme Court
(e.g., Hamdan v Rumsfeld 2006 – although Congress then passed the Military commissions Act so as to bypass court ruling, although eventually deemed unconstitutional by the subsequent 2008 court case Boumediene v Bush).
and shut by Obama

74
Q

George Bush - Economic policy

A

Rejected the Kyoto Protocol in 2002 stating that it was ‘unfair and ineffective’ and that it would cause great harm to the US Economy and that only 20% of the world would be party to the agreement

• Largely followed Free Trade policies but at times took a protectionist viewpoint i.e. tariffs on imported steel (although these were ruled illegal by the WTO)

from 2001-2003 he issued some tax cuts to bolster the economy – cut taxes more than year before - ($1.35 billion) in response to the 2001 recession.

75
Q

George Bush Social policy

A

Focused on increasing domestic security,
introducing the Homeland Security Office

Had to deal with Hurricane Katrina and Rita. Seemed unsympathetic however to the issues of those affected.

76
Q

Obama - social policy

A

Focus on increased gun control = In his state of Union address 2016, he pushed for gun control legislation followed by an executive order, but this was blocked after pressure from the NFA, he also failed to pass the assault weapons ban (2013-2014)

Immigration reform = Obama passed DACA through an executive order, but his DREAM act failed and so did DAPA as it was blocked by the court.

77
Q

Obama - Foreign Policy

A

One of his main aims was the promised close of Guantanamo bay which was done through an executive order in 2009

He incited his “Counter terrorism campaign “- action against IS in Syria and Iraq.

Obama got around the war powers act by citing his role as Commander in chief. Libya and Syria.

Also focused on reduction of Nuclear weapons from other countries, done through his Russia treaty in 2010 and Iran deal in 2015

78
Q

Obama - Economic policy

A

Obama’s main aims were for Job creation and deficit reduction act after the recession, especially for the first few months of his presidency.

He achieved this through an increase in federal minimum wage and his stimulus package in 2009 (ARRA),

Raised minimum federal contractor wage to $10,10
with its primary objective being to save existing ones and create new jobs.

Obama also aimed for affordable health care, which he achieved through ACA in 2010. Had to rely on Congress to pass legislation

79
Q

Interesting fact about ACA and how obama managed to pass it - Congress or presidential power?

A

To stop conservative democrats from not voting for ACA and it not passing he passed an EO that reinforced the Hyde Amendment, prohibiting federal funding for abortions. they then voted for it.

Shows Congress has some power but ultimately he can achieve his aims through his powers.

80
Q

Trump - Economic policy

A
  • Secure jobs for Americans,
  • Get the economy booming
  • Repeal Obamacare - pass AHA
  • Tax Reforms (Tax Cuts and Jobs Act 2017)
  • Left Paris agreement
81
Q

Trump - Social policy

A
  • strict immigration policy
  • (the wall - bypassed Congress as they wouldn’t budget for it so he incited a National Emergency.)
  • The travel ban
  • create a conservative SC (3 Successful appointments)
82
Q

Trump - foreign policy

A

Trump wanted a very US isolationist foreign policy (reducing involvement in NATO)

Moved US embassy to Jerusalem and recognised it as the capital.

Left the Iran Nuclear Deal.

2017 executive order, immigration ban from predominantly Muslim countries (had to go through the courts three times to pass. Trump v Hawaii).

US Politics (6 decks)

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