The Executive Branch Of Govermnet n Flashcards
What are the formal powers of the president?
powers given to the president by the constitution or congress
What are the informal powers of the president?
-powers that have a political not a constitutional basis
-they include the president role as party leader and their ability to set the political agenda
What are the different formal powers held by the president?
-enumerated powers
-implied powers
-inherent powers
Enumerated powers:
-powers that are specifically granted to the President by Article II of the constitution
-or they are delegated to the president by congress
Implied powers:
-powers not specifically mentioned in the constitution
Inherent powers:
-not explicitly listed in the constitution
-essentially in the jurisdiction of the president
How have different presidents used Section III Article II of the constitution?
-gives the president the power to propose legislation
-Washington only proposed 3 laws to congress
-Roosevelt during the Great Depression proposed an extensive series of laws in his first 100 days with the aim of reducing unemployment
How did George W Bush use his inherent powers in the aftermath of 9/11?
-Bush argued that presidents inherent powers face him the authority to ignore civil liberties and anti-touted laws
-ordered the detention of terrorist suspects for an indefinite period (transported overseas for interrogation and torture)
What executive powers does the President have?
-in control of the 15 executive departments in the federal government
-power of preparing the annual federal budget
-Trumps budget in 2020 took gov spending to a record $4.8 trillion
How does the president use their power to influence the passage of legislation through congress?
-president can propose legislation (typically at the state of the union address, can also be during high profile press conferences)
-president can veto legislation (either through a pocket veto to a regular veto)
-president can also threaten to veto
What is the pocket veto?
-a means by which the president can reject a bill, when Congress is not in session, by not signing it
Given an example of a president using a veto:
Give an example of a president using a veto:
-Trump used the veto 10 times, 2 of which were to block legislation that would have ended the state of a national emergency at southwestern US border
What appointment powers does the president have?
-president nominates around 700 positions to the federal branch which need senate approval
-nominates federal and Supreme Court judges
What foreign policy powers does the president have?
-commander in chief of the US military
-War Powers Act 1973 requires the president to ask congress to approve military actions in advance (Clinton ignored this when he sent troops to Kosovo)
-Trump ordered the death of Abu Bakr-al-Baghadadi and Iranian general Qasem Soleimani
-president also has the power to negotiate treaties (must be approved in the senate with a 2/3s majority)
Example of the president using their power to grant pardons:
-Clinton was criticised for pardoning his brother for drug offences + granted 140 pardons on his final day in office
-Biden pardoned his son
What informal powers does the president have?
-the power to persuade
-deal making
-setting the agenda
-de facto party leader
-world leader
How does the president use their power to persuade?
-Neustadt argued that the power to persuade is a key skill for an effective presidency
-presidents use personal influence, the authority of their office and their political capital to win support from key political figures
What is a presidents power to persuade constrained by?
-the extent of their control over congress
-presidential support scores are generally higher during powers of unified government (Obama had a presidential support score of 96.7% in 2009, dropped to 57% in 2011 after Republicans won back the house)
How does the president exercise their power of deal making?
-presidents need the support of congress to pass their legislation and may make deal with politicians to achieve this (President might offer to support a policy, deliver funding to their state or district or support their election campaign)
-essential during periods of divided gov
e.g Trump made concessions to allow a $1.4 trillion spending bill to pass in December 2019 to avoid repaying a gov shutdown
How does the president set the political agenda?
-the president commands the media spotlight and can set the political agenda
-president determines which issues are discussed by journalists and political commentators
-shape public opinion through speeches and statements
-Trump did this through tweets e.g told the Squad to ‘go back and help fix the totally broken and crime infected countries that they came from’
How does the president act as de facto party leader?
-president is in effect the head of their party + can influence its membership
-helpful if the president’s party controls both houses of congress
How does the president act as a world leader?
-the USA is the most powerful federal democracy and military superpower
-USA dominates global politics in international institutions such as the UN, NATO and the World Trade Negation
-George W Bush led an international coalition in the ‘war on terror’, Obama convinced nations to sign up to the 2019 Paris Agreement and the 2015 Iran Nuclear Deal
Executive orders:
-an official order made by the president directly to the federal government
-it has the effect of a law
-not mentioned in the constitution
What direct authority does the president have?
-executive orders
-signing statements
-executive agreements
Examples of presidents using executive orders?
-Roosevelt issued 3271 executive orders
-Obama took to using executive orders instead of legislation e.g increasing the federal minimum wage
Signing Statement:
-presidents use signing statement when they sign a bill into law, but wish to comment on it
-might be a positive comment, or argue that aspects of the bill are unconstitutional and that their government will not enforce them
-effectively can bus as a line item veto
Examples of signing statements:
-Trump used a signing statement in 2017 to criticise a bill imposing sanctions on Russia, Iran and North Korea (claimed it affected his constitutional powers to conduct foreign policy)
executive agreements:
-an agreement made between the USA and an international government
-signed by the president and do not need senate approval
Example of an executive agreement:
-Obamas 2015 Paris Agreement and Iran Nuclear deal
-Trump withdrew America from both
What checks and balances on the president are provided by congress?
-amending, delaying or rejecting the presidents legislation
-overriding a presidential veto
-the power of the purse
-confirmation of presidential appointments
-ratification of treaties
-the power to declare war
-investigation
-impeachment and trial of the president
What is the role of the Executive office of the president (EXOP)?
-run the federal government
-develop policy
-write legalisation
-communicate with the public -communicate with members of congress
-negotiate trade deals
-promote their agenda
Example of congress amending, delaying or rejecting the president’s legislation:
-2012 Sunday Shooting in which 20 children were killed
-Obama released plans for stronger gun control (a majority of the US public supported these reforms but congress rejected the legislation)
Example of congress overriding a president veto:
-US congress overturned President Trump’s veto of a defence spending bill
-2/3s majority in both chambers is needed to override a presidential veto
Example of congress confirming a presidential nomination:
-Obama’s nominee to the Supreme Court Merrick Garland (senate refused to hold confirmation hearings as it was too close to the presidential election)
Example of the senate using their power to ratify treaties
-senate rejected the ratification of the Treaty of Versailles in 1920
-Senate was 5 votes short of ratifying the UN convention of the Rights of People with Disabilities
Examples of congress using their power to declare war”
-Congress had not declared war since 1941
-War Powers Act 1973, means that the president should ask congress to approve military actions in advance
Examples of government investigations:
-Trumps presidential campaign and its possible links to Russian interference were investigated by congress
What was the Watergate scandal?
-President Nixon’s attempts to hide his involvement in a break in at the headquarters of the Democratic National Committee
-the elect committee on a presidential campaign actives investigated this and their findings were broadcast on national television
-Nixon resigned to avoid impeachment
Example of impeachment trials of the president:
-only 3 presidents have been put on trial for impeachment
-Trump faced 2 impeachment trials but was acquitted both times
Checks and balances on the President by the judiciary:
-judicial review: can declare executive actions as unconstitutional
-2020 SC ruled that the president has no absolute right to refuse to give his personal financial records to criminal prosecutors
How can party support in congress affect the president?
-presidents find it more difficult to get legislation and nominations through during times of divides government
-members of congress may be influenced by interest groups (2013 the NRA successfully convinced many members of congress to block Obama’s gun control reforms 2013)
How did the California Governor Jerry Brown pose opposition to President Trump?
-campaigned against his decision to withdraw from the 2015 Paris Climate Agreement
-signed California up to a separate subnational coalition committed to reducing greenhouse gas emissions
How can attitudes of the media and public opinion influence a president?
-presidents have complained that the media has given them unfavourable coverage
-Obama felt that he was unfairly criticised by conservative channel Fox News
-Presidents with high approval ratings are more likely to win re-election (trumps approval rating had a high of 495 in 2020)
What backgrounds do cabinet officers typically have?
-former politicians:Hillary Clinton had been senator for New York before she was Obama’s Secretary of State
-academics: Obama appointed Nobel Prize winning scientist Steven Chu as his secretary for energy
-Military Officers: Biden appointed retired general Lloyd Austin as secretary of defence in 2021
-lobbyists: Trump was criticised for appointing former coal lobbyist Andrew Wheeler to head to environmental protection agency
How does the British and US cabinet differ?
-US cabinet meets less frequently
-Obama met his cabinet on average 3.5 times a year
What is the Executive Office of the President?
-a group of offices that support the president in running the federal government
-originally set up in the 1930s by Roosevelt as the Federal Government grew in response to the Great Depression
What is the role of the White House in the EXOP?
-part of EXOP that works most closely with the president
-in 2019 it had more than 400 employees
-includes a collection of offices
What is the role of the National Security Council in the EXOP?
-presidents main forum for discussing and managing national security or foreign policy issues
-the NSC coordinates national security and foreign policy with the executive branch
Why is the relationship between a president and their chief of staff significant?
-crucial to the effective running go the executive branch
What was Obama’s relationship like with his first chief of staff, Rahm Emanuel?
-allowed Emanuel considerable authority
-he coordinated the work of policy cars + cabinet officers and national security advisors
-Obama’s administration achieved some important policy success’ including the Affordable Care Act (2010)
What was Trump’s relationship like with his first chief of staff Reince Priebus?
-deteriorated quickly amid claims of a dysfunctional administration
-Priebus resigned after 6 months
How many unfilled cabinet positions did Trump have 2 years into office?
280
What are policy czar’s?
-government officials who are responsible for a particular area of policy
-Paul Volcker acted as economic czar’s from 2009-2011
Imperial Presidency:
the idea that the presidency has an imperial character
Imperilled presidency:
-the idea that the presidency is weak and its effectiveness is limited by congress + excessively large federal bureaucracy
What did Schlesinger say are imperial actions taken by Nixon?
-authorised military intervention in Cambodia and Laos without telling Congress
-Watergate
-continued the War in Vietnam without congressional approval
What arguments did Ford make about the presidency being imperilled?
-Congress responded to the failings of Nixon’s precedent by passing the War Powers Act 1973
-the federal bureaucracy’s size actually made it difficult for presidents to ensure their wishes were properly being carried out
Argument that the US has an imperial presidency:
-Nixons actions during the Vietnam War were imperial
-Presidents do not ask congress to declare war
-they may avoid asking congress to authorise military action
-they have access to emergency powers
-can use direct authority which allowed them to bypass congress + strong partisan support in congress can prevent a president being held accountable
-presidential style can be imperial
-expansion of federal covenant increases the President’s powers
Argument that the US has an imperilled presidency:
-Congress responded to Nixon by passing the War Powers Act 1973
-president can be forced to use direct authority to avoid gridlock
-presidents are unable to achieve their legislative priorities without congressional support
-government shutdowns are a reminder of the limitations of presidential powers
-lame duck periods of presidencies
