Presidency Flashcards

Question

Executive Agreements

Answer 1

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.

Answer 2

**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.

Answer 3

**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.

Answer 4

**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.

Answer 5

Simple majority in the house and senate to end + president wanting to. Eg NAFTA - North America Free Trade Agreement.

Answer 6

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.

Answer 7

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)**

Answer 8

**JASTA** - vetoed by Obama and then overridden by Congress **Keystone** **XL** **pipeline** - vetoed by Obama **Obamacare**- Obama vetoed something that would have dismantled Obamacare.

Answer 9

The president can pocket veto a bill by not signing something (which after 10 days would normally become law) but i**f 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.

Answer 10

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.

Answer 11

**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.

Answer 12

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 approva**l.)

Answer 13

**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.

Answer 14

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.

Answer 15

**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

Answer 16

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.*

Answer 17

**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.

Answer 18

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.

Answer 19

Created in **1937** recognising the president needs help. Usually found in the west wing of the white house. Includes * The **National Security Council**, * The O**ffice of Management** and **Budget** * The **White House Office**

Answer 20

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.

Answer 21

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.

Answer 22

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.

Answer 23

**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,

Answer 24

**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 T**exas v US 2016.** **In the Media** - Some justices speak out about political events and it causes tension.

Answer 25

**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.

Answer 26

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

Answer 27

* **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

Answer 28

* - 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

Answer 29

* 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.

Answer 30

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

Answer 31

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

Answer 32

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

Answer 33

* 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 I**ran Nuclear** deal * 2017 **Muslim ban** and court upheld it.

Answer 34

* 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.

Answer 35

* 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**

Answer 36

* 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**

Answer 37

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._

Answer 38

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.

Answer 39

**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.

Answer 40

**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.**

Answer 41

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.

Answer 42

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)

Answer 43

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.

Answer 44

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

Answer 45

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.

Answer 46

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.

Answer 47

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**

Answer 48

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.

Answer 49

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

Answer 50

**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.**

Answer 51

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.

Answer 52

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.

Answer 53

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

Answer 54

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

Answer 55

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.

Answer 56

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

Answer 57

* 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)

Answer 58

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).