president powers Flashcards
formal powers
Act as commander-in-chief
grant pardons
negotiate and sign treaties
appoint federal officials
sign or veto laws
commander in chief
Act as commander-in-chief
Supreme operational command of the
military, ultimate authority
Obama ordered operation to kill Osama Bin Laden;
Trump killing of Al-Baghdadi
Trump ordered air strikes on Syria in response to
chemical weapons use
However, it’s Congress that declares war
grant pardons
President can pardon those convicted of crimes, often at end of term
Obama pardon: Chelsea Manning
Trump pardon: Joe Arpaio
Trump pardon: Mike Flynn
Trump parson: Manafort, Stone and Kushner
Congress cannot stop the president from
pardoning anyone;
negotiate and sign treaties
President as ‘chief diplomat’ negotiates and
signs treaties
Obama’s New START with Russia on nuclear
disarmament
Obama’s UN Arms Trade Treaty
Senate has to approve (2/3!) a treaty to ratify it
appoint federal officials
President appoints cabinet members, senior
civil servants, federal judges (including Supreme Court justices)
Trump: Neil Gorsuch, Brett Kavanaugh, Amy Coney
Barrett
Obama: Sonia Sotomayor, Elena Kagan, Merrick
Garland
Senate has to confirm appointment, simple majority
sign or veto laws
The President can veto laws
Obama Justice Against Sponsors of Terrorism Act
Trump congressional ban of national emergency
related to border wall
Trump 2021 Defense Authorization Act
Congress can override a veto (but needs 2/3 majority to
do so!)
informal powers
- Electoral mandate
- Power of persuasion
- Executive orders
- Events
electoral mandate
The authority to carry out policies, given by the electorate
to the winner of an election.
The president is directly elected. He can therefore claim
that the people have given him authority to carry out certain policies.
However, some have a stronger mandate than others.
The size of their election win (popular vote, electoral
college)
Their continued popularity during their term
Whether they won the election as presidential candidate
or as running mate
power of persuasion
The president can try to persuade or put pressure on
Congress
Phone calls and meetings with members of Congress or caucus groups
Public speeches, appealing to public opinion to put pressure on Congress - pizza party with tea party members
power that cant be checked by comgress
“Presidential power is the power to persuade”
Richard Neustadt argued the power of persuasion is the only real power of the president
undermined by weak party unity
executive orders
A legally binding rule issued by the President without
Congressional approval. Executive orders have to conform to existing Acts of Congress
executive orders by President
Obama used 226 executive orders (in 8 years)
2009: Repeal Mexico City policy
2009: Lobbying restrictions
2015: Deferred Action for Childhood Arrivals (DACA)
2016: Gun control (increased background checks)
Trump used 203 executive orders (in 4 years)
2017: Re-instate Mexico City policy
2017: (Muslim) travel ban (3 versions)
Biden
2021: End Trump’s national emergency to fund the border wall
2021: End Trump’s Muslim travel ban
2021: End Trump’s order to build the Keystone XL oil pipeline
2021: End the Mexico City Policy
2021: Mandatory COVID-19 vaccination for federal employees
2022: Ban US companies from new investment in Russia
2022: Abortion access - fund insurance coverage out of state
2022: Climate change - investment in renewable energy
There are three ways to cancel an executive order:
Any future president can repeal them by executive order
The courts can declare it illegal or unconstitutional
Congress can pass a law that would make the executive
order illegal