President's Role as Head of Government: Formal Source of Presidential Power Flashcards
What does Article II, Section 1 of the U.S. Constitution establish?
The president as the chief executive with authority over federal law enforcement
It grants control over federal agencies, departments, and the appointment/removal of key personnel.
What is the definition of the Unitary Executive Theory?
The belief that the president holds total control over the executive branch with minimal interference from Congress or the judiciary.
Who is a key proponent of the Unitary Executive Theory?
A Founding Father
Alexander Hamilton.
In which document did Alexander Hamilton argue for a strong executive?
Federalist No. 70.
What are the benefits of a strong executive according to Hamilton?
Efficiency and accountability.
What is a criticism of the Unitary Executive Theory?
Can lead to the concentration of power and reduced checks and balances.
Fill in the blank: George W. Bush used _______ to bypass Congressional laws.
signing statements.
Fill in the blank: Donald Trump claimed ‘_______’ over COVID-19 responses.
total authority.
What did Franklin D. Roosevelt create in 1939?
Executive Office of the President (EXOP)
Created to manage New Deal programs and expanded the federal bureaucracy.
What was a significant action taken by Richard Nixon regarding presidential power?
Attempted to centralise power through executive privilege
Led to the Watergate Scandal and a rollback of presidential power.
What legislation was enacted as a result of the Watergate Scandal?
War Powers Resolution (1973)
Increased congressional oversight of presidential actions.
What did Ronald Reagan advocate for during his presidency?
Deregulation
Reduced bureaucratic oversight and increased reliance on executive agencies.
Which executive orders did Barack Obama use to bypass congressional gridlock?
DACA, Clean Power Plan
Demonstrated the use of executive orders to achieve policy goals.
What was a notable action taken by Donald Trump regarding executive orders?
Used executive orders for policies like the Muslim travel ban and tariffs on China
Weakened bureaucratic opposition with loyalist appointments.
What did Joe Biden do in relation to Trump-era policies?
Issued numerous executive orders reversing them
Highlighted the impermanence of executive actions.
Fill in the blank: Franklin D. Roosevelt’s presidency laid the foundation for the modern _______.
administrative state
True or False: Richard Nixon’s presidency marked an increase in presidential power without any backlash.
False
The Watergate Scandal led to a rollback of presidential power.
What was one effect of Ronald Reagan’s approach to the executive branch?
Increased reliance on executive agencies
Strengthened the role of political appointees.
What does the use of executive orders by Barack Obama and Donald Trump demonstrate?
The ability to bypass congressional gridlock
Reflects the strategic use of executive power by presidents.
How many officials does the president appoint?
Over 3,000 officials
What are the two groups of presidential appointments?
- Senate-Confirmed Appointments
- Presidential Appointments Without Senate Confirmation
How many Senate-Confirmed Appointments are there?
Approximately 500
What positions require Senate confirmation?
- Cabinet members
- Ambassadors
- Federal judges
- Heads of executive agencies
- Members of regulatory commissions
What is the significance of Senate confirmation in the appointment process?
It is a highly politicised process, especially under divided government
How many Presidential Appointments are made without Senate confirmation?
Approximately 2,500
What are EXOP roles?
Roles that allow direct presidential control and greater flexibility in policymaking
What is a key constraint on the appointment power?
Senate confirmation required under Article II, Section 2
What can high-profile rejections of nominees lead to?
They can cripple an administration’s agenda and force presidents to seek moderate nominees
What does the threat of rejection often force presidents to do?
Negotiate with the Senate, particularly when their party lacks a majority
Who was Robert Bork and why was he significant?
Rejected for the Supreme Court in 1987 due to his conservative views
Who was John Tower and what happened to his nomination?
Blocked as Secretary of Defense in 1989 over allegations of misconduct
What happened to Neera Tanden’s OMB nomination?
Biden withdrew her nomination after Senate opposition in 2021
What power allows presidents to remove officials without Senate approval?
Dismissal Power
What can controversial dismissals provoke?
Political backlash
What was the controversy surrounding James Comey’s dismissal?
Trump fired him amid the Russia investigation, raising concerns about obstruction of justice
Why was Andrew McCabe dismissed?
Trump claimed bias against his administration
Why was Sally Yates dismissed?
She refused to enforce Trump’s travel ban
What areas do Cabinet members influence through their appointments?
Cabinet members influence policy in the following areas:
- Foreign Policy
- Law Enforcement
- Economic Regulation
These roles are critical in shaping the administration’s approach to various national and international issues.
Who did Trump appoint to roll back environmental regulations as EPA head?
Scott Pruitt
Pruitt’s appointment was significant in changing the direction of environmental policy under the Trump administration.
What is one way presidential control over national security is exercised?
Through ambassador appointments and National Security Council staffing
This control extends to key leadership roles in intelligence agencies like the CIA and FBI.
Who was appointed by Trump as Secretary of State advocating for aggressive policies toward China and Iran?
Mike Pompeo
Pompeo’s tenure was marked by a strong stance on both nations, reflecting the administration’s foreign policy priorities.
Fill in the blank: Cabinet members influence policy in areas such as _______.
[Foreign Policy, Law Enforcement, Economic Regulation]
These areas are essential for the implementation of presidential policies.
True or False: The President has no influence over military policy.
False
The President exercises significant control over military policy through appointments and strategic decision-making.
What power does the Senate have that restricts presidential control over key officials?
Senate confirmation power
This power requires that key officials nominated by the president must be approved by the Senate.
What can congressional investigations expose regarding presidential appointees?
Conflicts of interest
For example, Trump’s cabinet appointees faced scrutiny over ethics violations.
What is meant by ‘Bureaucratic Resistance’ or ‘Deep State’?
Opposition from career officials within agencies to presidential policies
An example is Trump’s accusations against intelligence agencies like the FBI and CIA for undermining him.
What limits do courts impose on the president’s power to remove regulatory officials?
Certain agency heads cannot be fired without cause
This limitation was established in cases like Humphrey’s Executor v. United States.
What was established in Humphrey’s Executor v. United States (1935)?
The president cannot fire members of independent regulatory commissions without a valid reason
This case created a legal barrier to presidential control over regulatory bodies.
What did Seila Law v. CFPB (2020) determine regarding presidential authority?
The president can fire the head of the Consumer Financial Protection Bureau (CFPB) at will
This case expanded presidential authority, particularly over single-director agencies.
What are regulatory agencies?
Semi-independent bodies that enforce federal regulations
Examples include SEC, FCC, EPA, and Federal Reserve.
Name an example of a regulatory agency focused on financial markets.
SEC
The Securities and Exchange Commission regulates securities markets.
Which regulatory agency is responsible for telecommunications?
FCC
The Federal Communications Commission oversees communications by radio, television, wire, satellite, and cable.
What is the role of the EPA?
Environmental policy
The Environmental Protection Agency enforces regulations to protect the environment.
Which agency manages monetary policy in the United States?
Federal Reserve
The Federal Reserve controls the money supply and interest rates.
What limits presidential control over regulatory agencies?
Heads serve fixed terms and cannot be removed at will
This structure is designed to maintain agency independence.
Who was appointed as the Federal Reserve Chair by Trump?
Jerome Powell
Trump later criticized Powell for not lowering interest rates.
True or False: Presidents can dismiss executive officials without consequences.
False
High-profile firings often provoke public backlash.
What significant action did Trump take regarding FBI Director James Comey?
Fired him in 2017
Comey was investigating Russian interference in the 2016 election.
What was the reason Trump gave for firing Comey?
Claimed he mishandled the Hillary Clinton email case
Critics accused Trump of attempting to obstruct justice.
What investigation was initiated following Comey’s firing?
Mueller investigation
It investigated Russian interference and potential obstruction of justice.
What was the outcome of Reagan’s firing of 11,000 Air Traffic Controllers?
Demonstrated strong executive authority
This occurred during the PATCO strike in 1981.
What event is referred to as Nixon’s Saturday Night Massacre?
Firing of special prosecutor Archibald Cox
This occurred during the Watergate scandal in 1973.
Who resigned in protest during Nixon’s Saturday Night Massacre?
Attorney General Elliot Richardson
Deputy AG William Ruckelshaus also resigned.
What was the public reaction to Nixon’s firing of Cox?
Massive public backlash
This backlash ultimately contributed to Nixon’s resignation in 1974.
Who was appointed by Trump as EPA Administrator?
Scott Pruitt
Pruitt served from 2017 to 2018.
What was the primary goal of Scott Pruitt’s appointment?
To dismantle environmental regulations
Pruitt’s focus was on reducing regulatory burdens imposed by previous administrations.
What action did career officials within the EPA take against Pruitt’s efforts?
They pushed back, slowing down deregulation efforts
This resistance indicated internal conflicts within the agency regarding environmental policy.
What led to Scott Pruitt’s resignation?
Ethics scandals
Pruitt faced multiple controversies related to his conduct while in office.
What did Trump do following Pruitt’s resignation?
Continued appointing officials who weakened environmental policies
This strategy reflected Trump’s ongoing commitment to deregulation.
What is the purpose of the veto power?
Used to block legislation
Example: Obama’s veto of the Keystone XL Pipeline bill
What are signing statements?
Presidents attach interpretations to laws
Example: Bush’s statement on the Detainee Treatment Act
How is the State of the Union Address used by presidents?
To rally support for policies
Example: Obama’s push for healthcare reform
What is a budget proposal’s role in presidential influence?
Presidents influence economic policy
Example: Reagan’s tax cuts, Biden’s infrastructure bill
What are executive orders?
Directives bypassing Congress but subject to judicial review
Which president expanded DACA protections?
Obama
What unilateral action did Trump take regarding the Paris Climate Agreement?
Withdrew from the agreement
What action did Biden attempt concerning student loan debt?
Attempted student loan debt cancellation
Partially blocked by Supreme Court
What is the role of the Commander in Chief?
Directs armed forces but requires congressional approval for war
Name an instance where military force was used without congressional approval by Obama.
Airstrikes in Libya (2011)
What military action did Clinton undertake without Congress?
Kosovo bombings (1999)
What military action did Trump take in 2020?
Assassination of Iranian General Soleimani
What was significant about Obama’s Iran Nuclear Deal in 2015?
An executive agreement bypassing Senate
What treaty did Trump withdraw from in 2019?
INF Nuclear Treaty
What happened in 2017 regarding the Paris Climate Agreement?
Trump announced U.S. withdrawal
What was the U.S. position on the UN Human Rights Council in 2018?
Exited the council, citing alleged bias against Israel
What happened under Biden regarding the UN Human Rights Council?
Rejoined the council after Trump’s withdrawal
What happened in 2025 concerning the Paris Climate Agreement?
Trump withdrew the U.S. again
What happened in 2025 regarding the UN Human Rights Council?
Trump withdrew the U.S. again
What is the nature of the president’s role as head of government?
Highly dynamic, shaped by constitutional interpretation, historical developments, congressional constraints, and bureaucratic challenges.
What does formal constitutional authority grant the president?
Significant power over the executive branch.
Who contests the president’s power?
Congress, the courts, and even the agencies under their control.
What has contributed to the expansion of unilateral presidential authority?
The rise of executive orders and national security decisions without congressional approval.
What continues to impose limits on presidential power?
Resistance from both Congress and career bureaucrats.
True or False: The president’s power is only defined by the Constitution.
False.
Fill in the blank: The ongoing evolution of presidential power is influenced by _______.
[constitutional interpretation, historical developments, congressional constraints, bureaucratic challenges]
