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Politics- USA Y2 > The Executive > Flashcards

The Executive Flashcards

1
Q

What was the FF image?

A
  • the president to have a limited role
  • mirror personality of George Washington
  • non- partisan
  • moderate
  • second to Congress
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2
Q

Where do presidential powers come from?

A
  • Article II of the constitution
  • ‘responsible for the execution and enforcement of laws created by Congress’
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3
Q

What are the qualifications to become President?

A
  • 35yrs+
  • a natural born citizen
  • lived in USA for 14yrs
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4
Q

What is the Evolution of the Presidency?

A
  • 1800s-1930, Congress dominant, likes of George Washington and Thomas Jefferson
  • 20th Century- increase in power, Jackson vetoed more then 6 previous presidents combined, Lincoln in Civil war used emergency powers e.g. s of hbc
    1930s- Roosevelt and Wilson turning point, developed President international significance e.g. WW1
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5
Q

What are the Presidents powers a combination of?

A

Constitutional and Evolutionary powers (e.g. past precedents)
- largely bought by ‘strong’ presidents

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6
Q

Powers

A
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7
Q

What are enumerated powers?

A
  • powers explicitly granted by the Constitution or given to President by Congress
  • e.g. Appointments
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8
Q

What are implied powers?

A
  • implied by the text of the constitution
  • e.g. emergency powers
  • e.g. Roosevelt suspension of Jap-Amer civil liberties and 120,000 sent to Labour camps
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9
Q

What are inherent powers?

A
  • not given by constitution
  • needed to carry out constitutional role of the President
  • e.g. Bush post 9/11 terror attacks allowing president to take away civil liberties and torture laws
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10
Q

What are the 5 formal powers of the President?

A
  • Executive Powers
  • Influence Legislation
  • Appointment
  • Foreign Policy
  • Pardons
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11
Q

Explain Executive Powers

A
  • are chief executive of the federal government
  • control 15 reps in federal bureaucracy
  • prepare annual budget in Office of Management and budget
  • e.g. Trumps largest one ever $4.8 trillion 2024
  • e.g. But Congress have power of the purse to pass it
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12
Q

Explain Influencing Legislation

A
  • Section III allows them to do this
  • propose it at annual State of the Union Address
  • GW only proposed 3
  • Roosevelt proposed many, instigator of Modern Presidency
  • sign bills, veto bills, leave on desk, pocket veto (veto overturned 2/3)
  • Vetos- Trump 10 times, Obama 12
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13
Q

Explain Appointments

A
  • over 4000 positions in federal gov
  • employ SC justices, e.g. Obama and Merrick Garland
  • appoint top diplomatic representatives
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14
Q

Explain Foreign Policy

A
  • commander in Chief of US military
  • e.g. Clinton in Kosovo, Obama in Syria, Obama drone strikes in Somalia, Bush in Iraq
  • must inform Congress of action of military action
  • e.g. 1973 War Powers Act, cannot start war, but can use drone and plane strikes
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15
Q

Explain Pardons

A
  • excusing citizens or officials of scrutiny or judicial consequence
  • e.g. Nixon Watergate scandal bugging Democrat campaign and pardoned by Gerald Ford
  • e.g. Trump pardoned chief strategist and 143 people
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16
Q

** Informal Powers**

What are the 7 informal Powers?

A
  • The power to persuade
  • Deal Making
  • Setting the Agenda
  • De Facto Party Leader
  • World Leader
  • Direct authority
  • Bureaucratic power
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17
Q

What is the Power to Persuade?

A
  • Professor Richard Newstadt, ‘presidential power is the power to persuade’
  • use personal influence, authority and political capital
  • use phone calls, offer support for a campaign
  • must have good relations with VP
  • unified gov, means president has greater accessibility to persuasion (e.g. Obama president support score of 96.7% in 2009)
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18
Q

What is deal making?

A
  • deals with Congress(wo)men to achieve aims
  • Donald Trump Partisan deal to pass 2018 First Step Act
  • Grid lock can happen without deal making, e.g. Trumps budgets caused 35 day GL
    Gives concessions to opposing party for further support
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19
Q

What is setting the agenda?

A
  • they command media support
  • Trump used controversial tweets to set agenda
  • described democrats as ‘socialist’
  • 2019 ‘The Squad’ ‘fix the crime infested countries they came from’
  • Trump
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20
Q

What is de facto party leader?

A
  • direct ideology and direction the party is going
  • head of party in practice
  • helpful with a unified gov, can influence and pass legislation
    e.g. not always, Trump 2017 both houses were republican, and Affordable Care Act was not overturned on his demand
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21
Q

What is the belief as the US President as ‘world leader’?

A
  • USA, most powerful liberal democracy and superpower
  • President ‘leader of the free world’
  • dominate global institutions, UN, NATO, WTO
  • importance e.g. Post-9/11 Bush’s ‘War on Terror’
  • Obama lead on 2015 Paris Agreement
  • IMPACT OF TRUMP: withdrew Paris agreement, Pandemic + WHO relationship
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22
Q

What is ‘direct authority’ and the stretching of implied powers?

A
  • means official orders given without Congress
  • largely stared by F.D. Roosevelt
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23
Q

What are some examples of this direct authority?

A
  • Executive Orders
  • Signing Statements
  • Executive Agreements
  • Memoranda
  • Proclamation
  • National security directives
  • Impoundent
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24
Q

Describe Executive Orders:

A
  • Official order made to federal gov
    EXAMPLES
  • F.D. Roosevelt 3721
  • G.W. Bush for anti terrorist measures
  • Biden 2024 on school shooter drills + serial numbers on guns
  • Trump issued 3x of Obama
    IMPACT
  • can only be challenged by courts
  • similar to UK statutory instruments
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25
Q

Describe signing statements:

A
  • Can comment on a bill they are signing
  • can be positive
  • can say aspects are unconstitutional
    EXAMPLE
  • Trump criticised 2017 bill imposing Russia, Iran and North Korea sanctions
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26
Q

Describe executive agreements:

A
  • between USA and other international govs
  • do not require senate ratification
  • easier to remove then a ratified treaty
    EXAMPLE
  • Trump withdrew US from Iran Nuclear deal
  • Biden signed 57, Trump 716
  • PG ABA ‘undermines rule of law and our constitutional role of seperating of powers’
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27
Q

Describe a Memoranda:

A
  • addresses a state official
  • clarifies powers of that official
  • not published in federal register
    EXAMPLES
  • Biden on Foreign Assistance Act 1961
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28
Q

Describe a Proclamation:

A
  • states a condition, law, recognises an event/pardons
  • binding on public
    EXAMPLES
  • Obama recognising pride month
  • Biden or Minority Enterprise Development Week 2024
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29
Q

Describe National Security Directives:

A
  • on issues of national security
  • highly classified so not published
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30
Q

Describe Impoundment:

A
  • Where president refuses to spend funds
    BUT
  • Congress restrained this Practice in 1974in ‘Impoundment Control Act’ and again in 1978
  • now, can only deter spending for ‘special contingency’ and needs Congress approval
    OTHER EXAMPLE
  • ‘Line item veto act’ where Presidents can partially cross out some of a bill was struck down. By SC in 1998
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31
Q

What is bureaucratic power of the executive branch?

A
  • In charge if EXOP (executive office of the President)
  • created by F.D. Roosevelt
  • collection of offices providing policy advise and administrative support
    ROLES
  • run federal gov
  • develop policy
  • communicate with public + Congress
  • promote their agenda
  • negotiate trade deals
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32
Q

What are the the Strengths and Limitations of Executive Powers?

A

Strengths:
- quick in emergency situation
- not much attention
- signing statements encourage consensus, and less complex vetos

Limitations:
- accumulation of power in executive hands
- difficult for successors to then govern
- undermines existing legislative process
- closed policy making, less checks and balances

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33
Q

Checks and balances by Congress on the President: to restrain powers

A
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34
Q

What are the 8 main checks and balances?

A
  1. Amending, delaying or rejecting presidential legislation
  2. Overriding a presidential veto
  3. The power of the Purse
  4. Confirmation of Presidential Appointments
  5. Ratification of Treaties
  6. Power to Declare War
  7. Investigation
  8. Impeachment and trial of the President
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35
Q

How can Congress amend, delay or rejecting presidential legislation presidential legislation?

A
  • Pr cant pass without Congress, even with public support
    EXAMPLE
  • 2012 Sandy Hook Elementary Obama plans for stricter gun laws not fulfilled
  • this check less effective in unified gov
    EXAMPLE
  • Obama 2009-2010 had both houses, 2010 midterms changed this
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36
Q

How can Congress override a presidential veto?

A
  • 2/3 supermajority needed in both houses
    EXAMPLES
  • Congress only overrided one of Obamas, Justice against Sponsors of Terrorism Act
  • Trump only had 1 veto over tuned, on anual spending
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37
Q

How can Congress excerise power of the purse?

A
  • Congress must pass the federal budget
  • to pass budject, Congress(wo)men can ask for concessions
  • can lead to gov shutdown if not passed
    EXAMPLE
  • Trump 2017 £1.4 million gridlock
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38
Q

How does Congress confirm presidential appointments?

A
  • SENATE ONLY
  • they confirm over 1000
  • need simple majority (51-49)
  • so pr must make sensible appointments
  • Senate has only ever rejected 9 cabinet nominees and 11 SC judges
  • Hundreds more are just withdrawn, to avoid rejection
  • most useful in times of a unified gov
    EXAMPLE
  • Merrick Garland 2016 by Obama
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39
Q

How does Congress ratify treaties?

A
  • SENATE ONLY
  • 2/3 needed, so difficult
  • executive agreements by Pr have increased to bypass
  • treaties rarely rejected
    EXAMPLE
  • Treaty of Versailles rejected by Senate 1920
  • Convention on the rights of disabled people not passed 2012
40
Q

How go Congress have the power to declare war?

A
  • have not done so since 1941
  • War Powers Act 1975, Pr should ask and notify about military action
  • but not always the case
41
Q

How does Congress investigate the President?

A
  • generates media scrutiny
    EXAMPLES
  • Trumps campaign links to Russia
  • Senate intelligence Committee, considered effectiveness to Obamas to Russian interference
  • Democrat Mark Warner said ab Trump Russian interference that it was “unprecedented in the history of our nation”
42
Q

How can Congress impeach Presidents?

A
  • HOR can start process with a simple majority
  • Then tried by Senate
  • if found guilty, are removed from office
  • even if President acquitted, generates huge media attention and public scrutiny
    EXAMPLES
  • only 3 have been (Andrew Johnson 1868, Bill Clinton 1998, DT 2019 and 2021)
43
Q

Describe the events of Richard Nixon’s NEAR impeachment:

A
  • 1973, bugged and spied on democrat campaign
  • resigned to avoid impeachment
  • known as ‘watergate scandal’
44
Q

Why was Donald Trump impeached twice?

A
  • 2019= Russian interference in presidential campaign
  • 2021= Incitement of Insurrection
45
Q

How does the Judiciary perform checks and balances?

A
  • through judicial review
  • scrutinise execution actions and announce it as unconstitutional
46
Q

Give examples of how the Judiciary has performed checks and balances:

A
  • 2017= Trump Muslim travel ban for 7 countries
  • SC ruled elements unconstitutional and ordered the terms to be altered
  • 2020= SC ruled that President has no right to refuse to publish financial records
  • as ‘no one is above the law’
  • but, in 2024, they have announced in Trump vs United
47
Q

Hoe does the media contrivance the power of the President?

A
  • presidential press conferences
    EXAMPLES
  • Trump Covid-19 ‘ask China’ + walked off the stage
  • 2016 Trump post election press conference ‘your fake news confrentation’
48
Q

DEBATE- IS the US president more powerful than the UK PM?

A

Similar:
- legislature has more powerful then both
- Cabinets are appointed
- Pr + PM are symbol of party image
Different:
- US can veto laws, UK can’t
- UK in legislative
- PM only head of gov, PR head of state and gov (although PM is ‘de facto’ of both’
- US President (leader) elected nationwide, PM elected in party
- Can whip in UK can’t in US
- PM, no impact on judiciary, President does

49
Q

The Vice President

A

Currently, JD Vance

50
Q

What does the constitution say about the VP?

A
  1. Article 1 Section 3, - VP has casting vote in the senate
    - preside over counting of pr election votes
  2. Article 2 Section 1
    - If President unable to serve/dead, VP becomes President with President powers
    - define President ‘disability’
    - If VP office vacant, PR nominates new one + it is approved by Congress
    - VP performs diplomatic and political chores for the President
51
Q

Give an example when a VP had to enact its Constitutional duty:

A
  • Kamala Harris 2022, presiding over vote in the Senate over the Inflation Reduction Act
  • Mike Pence having to legitimise the 2020 votes
52
Q

How has the role of the VP evolved?

A
  • 12th Amendment 1804, each elector must vote for a President then a VP, not for 2 Presidents (as the runner up may be from a conflicting party)
  • 25th Amendment 1967, clarifies that if Pr cannot serve VP will (due to previous vagueness)
53
Q

What is an example of the 25th amendment in action?

A
  • George W. Bush 2007- gave discharge and resumption letters for his colon cancer, so he transferred power to VP Richard Chaney
54
Q

What allows the VP to stand in place of the President?

A
  • if Pr personally writes that he can not serve
  • VP and a majority of Cabinet agree that President cannot serve
55
Q

Describe the leap from VP to P

A
  • only 5 VP’s have won the Presidency directly after President
  • perhaps VP int most direct to being elected President
  • only 15 VP’s overall have become Presidents
56
Q

Give examples of 2 VP’s who had resigned:

A
  • John Calhoun 1832, Joined Senate after falling out with Pr Jackson
  • Agnew 1973 forced to resign, due to his Tax evasion
57
Q

The US Cabinet

A
58
Q

What is the Cabinet of the US President?

A
  • consists of all department heads
  • first chaired by George Washington, and contained only 4 members
  • Cabinet appointed by president and confirmed by Senate
  • no constitutional requirement for the Cabinet
  • Historically met frequently, but that has dropped
  • Pr can also ordain and establish new departments
59
Q

Name 6 example positions in the Cabinet:

A
  • Vice President
  • White House Chief of Staff
    -Ambassador of the UN
  • Secretary of State
  • Attorney General
  • Secretary of the Treasury
60
Q

Who can attend Cabinet meetings?

A
  • several members of the administration have the right to attend meetings even if they are not in the Cabinet
61
Q

What are the Similarities and Differences between the UK and US Cabinet?

A

SIMILARITIES:
- both include heads of deps
- PM and Pr can create and remove posts
- both have no constitutional requirement
- have an advisory role

DIFFERENCES:
- Fusion in UK of leg and exc, all members are MPs but in US, Cabinet can be anyone but someone in the leg
- Positions not as privileged as in UK, in US doesn’t inspire members of Congress to follow party lines
(More separation of powers)
- Appoinments are confirmed in the Senate, not needed in UK, more US rejections in recent years

62
Q

What does EXOP stand for and what is it?

A
  • the executive office of the President
  • top staff agencies in the white house that assist the President in carrying out their function
63
Q

What is the role of EXOP?

A
  • running the Whitehouse
  • liaise with Congress
  • Political strategy
  • Prepare the budget
64
Q

What is the Whitehouse office?

A
  • works closely with President
  • 2019- more than 400 employees
  • includes WH chief of staff, legislative affairs, cabinet affairs
  • incudes office of communication- includes National security council
  • staff do not require Senate confirmation
  • CoS decides who has access to President
65
Q

What is the National Security Council?

A
  • chaired by the President, VP and Secretary of State
  • coordinates US military operations around the world
66
Q

What is the Federal Bureaucracy and Federal Agencies?

A
  • cabinet offices head of executive departments
  • over 60
    E.G>
  • CIA
  • FBI
    -USPS
67
Q

What is the President relationship with bureaucracy and federal agencies?

A
  • varies President to President
  • most important, WH CoS
  • good relationship means increased power and Influence
68
Q

What President had the highest number of sacks and reinstatements?

A

Trump

69
Q

What is the role of policy ‘czars’?

A
  • are in charge of relations with a certain policy area
  • unelected
  • E.G.- Rahm Emmanuel for Democrats 2009-2010
70
Q

How do Democrats and Republicans differ in their views of the federal bureacracy?

A
  • R’s want small gov, D’s have big gov perpective
  • Republicans want state power, not federal power for most initiatives
  • like abortion and gay marriage
  • Democrats want a push for social mobility and welfare benefits
71
Q

What evidence shows the Democrat view on the federal bureaucracy?

A
  • E.G. Biden’s $1.9 trillion coronavirus relief package
72
Q

What phrase is used to describe the Republican perspective on the federal bureaucracy? Who has used this phrase?

A
  • ‘drain the swamp’
  • Trump tweeted this phrase 79 times three weeks before the 2016 presidential election.
73
Q

Waxing + Waning of the Presidency - DEBATE

A

( on sheet )

74
Q

Imperial vs. Imperilled Presidency - DEBATE

A
75
Q

Where and who does the term ‘Imperial Presidency’ come from?

A
  • 1970s
  • Arthur Schlesinger
76
Q

What does Imperial President mean?

A
  • the President was out of control
  • the Office had breeched the limits set by the Constitution.
77
Q

What areas define an Imperial Presidency?

A
  • amount of staff within the Office has increased
  • declining influence of Cabinet and the rise of a Presidential court
  • Many appointments are not subject to confirmation from the Senate, removing accountability
  • Excessive influence over foreign policy
  • Presidents are only ever accountable at election time or through impeachment
78
Q

How is Pr Johnson evidence of this theory?

A
  • 1964 Gulf of Tonkin, Johnson given a ‘blank cheque’ for Vietnam war
79
Q

How is Pr Nixon evidence of this theory?

A
  • Nixon, wiretapping the Democrat office ( Watergate scandal ), his bombing of Laos and Cambodia, and his claims for executive privilege
80
Q

How is Franklin D. Roosevelt evidence of this theory?

A
  • during 1930s he was able to pass a lot of legislation without opposition
  • E.G. the New Deal
81
Q

How is Pr Trump evidence of this theory?

A
  • Trump vs. Supreme Court 2024, ruing giving Trump no punishment for actions done during Presidency
  • Court is more conservative leaning as a result of him (6-3 split)
82
Q

What does Imperilled Presidency mean?

A
  • President has less power
  • usually due to lack of party leadership in Congress
  • Unable to effectively control the federal bureaucracy and the legislative
83
Q

How is Pr Gerald Ford evidence of this theory?

A
  • It was actually his theory
  • President does not have sufficient powers to be effective
  • blamed it on the size of the bureaucracy
    E.G.
  • Congress, using Power of the Purse, reduced funds for the Vietnam War under Ford
84
Q

What is a Bifuricated Presidency?

A
  • Nuanced argument that the President is almost like 2 seperate roles, with different levels of power
85
Q

Why has this theory come about?

A
  • Foreign policy: President dominates, almost unchecked power
  • Domestic policy: Constitutional practice, that they are restrained by Congress
86
Q

What past evidence is there of the Bifuricated Presidency theory?

A
  • Bill Clinton, as commander in chief, could easily send troops to Bosnia for NATO peacekeeping troops, but could not pass his healthcare bill
  • Trump established good relations with Putin and King Jon Un, but domestically he could not build his wall
87
Q

DEBATE- does the USA have an Imperial or an Imperilled Presidency?

A

Imperial:
- Nixon’s FP actions
- President can bypass War Powers Act, through drone or plane strikes
- President can use emergency powers
- President can use direct authority to bypass Congress
- Strong Partisan support in Congress prevents scrutiny
- expansion of federal gov

Imperilled:
- War Powers Act is a useful response
- Can’t achieve what they want without legislative support
- gov shutdowns, limit President power
- ‘lame duck’ periods of the Presidency

Bifuricated:
- depends on Presidential styles e.g. Ronald Reagan strong, Jimmy Carter/Gerald Ford weak

88
Q

Describe the case Trump vs. 2024:

A
  • revolved around distinguishing official room unofficial acts of a President and their immunity after leaving office
  • MAJORITY RULED: that a President has absolute immunity from criminal liability “within the sphere of his constitutional authority”
89
Q

What was the Impact of the Trump vs. Supreme Court 2024 case?

A
  • controversial tweets in the lead up to insurrection at Capitol Hill, insightment not legislated against
    List of abuses of power that cannot be prosecuted for a sitting or former President:
  • ordering invasion and genocide of a national
  • committing war crimes and torture during armed conflict
  • sharing highly classified national security info
90
Q

Waxing vs. Waning of Presidency

A
91
Q

What does the Waxing and Waning of a Presidency mean?

A
  • the idea that Presidential Power does not remain constant throughout a Presidency
  • It waxes (increases) and wanes (decreases)
92
Q

Who can be used as an example of a waxing and a waning Presidency? How long and when did he serve?

A
  • Barrack Obama
  • 2008-2016
93
Q

What are examples of Obamas ‘Waxing’ Presidency at the beginning?

A
  • elected in 2008, so optimism, promised a new foreign policy “a change we can believe in”
  • Dems had both Houses of Congress, so he passed his economic stimulus, support for automobile industries, environmental reforms and his signature Obamacare 2010
  • received highest Democrat Rating since 1970s, despite economic crisis
94
Q

When did Obama’s Power begin to, ‘wane’ in his first Presidency?

A
  • in 2010, when in the midterms he lost control of the House, republicans won a majority
  • challenges of a divided government
  • but his popularity remained strong, when he oversaw the Killing of Osama Bin Laden in 2011
95
Q

Who did Obama defeat in the 2012 election?

A
  • Mitt Romney (Republican)
96
Q

Why did Obama’s unpopularity grow?

A
  • Conservatives believe he expanded the role of the federal government too far into peoples lives
97
Q

How did Obama’s Power ‘wane’ in his second Presidency?

A
  • period of a divided gov
  • mass shooting at Sandy Hook, he could not convince gov to support a ban on assault weapons
  • he had to rely on executive orders and agreements to not have a lame duck’ second Presidency, but was unsuccessful - e.g. his efforts to protect illegal immigrants from deportation was challenged by SC in 2016
  • He could not put in Merrick Garland as his Justice Nominee

Politics- USA Y2 (5 decks)

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