The executive branch of government: President Flashcards
What is the executive?
- Headed by the President.
- Includes 15 executive departments and 60 independent agencies responsible for running the country.
What are ‘formal powers’ of the President?
- Explicitly granted by the Constitution or Congress.
- Includes roles like Chief Executive, Commander-in-Chief, and the power to veto bills.
What are ‘informal powers’ of the President?
- Powers not explicitly given but exercised through influence, persuasion, and implied authority.
- Example: FDR’s “Fireside Chats” during the Great Depression..
E.G. Influence over media: President Franklin D. Roosevelt’s ‘Fireside Chats’ were radio addresses that communicated directly with the American people during the Great Depression and WWII.
What are the 3 sources of Presidential Power?
- Enumerated Powers: Explicit powers in the Constitution or granted by Congress.
- Implied Powers: Powers implied by the Constitution.
- Inherent Powers: Powers necessary to carry out presidential duties, even if not mentioned in the Constitution.
What does Section III of Article II of the Constitution say?
- Grants presidents the power to propose legislation to Congress.
- FDR expanded this during WWII to strengthen executive power.
What did G. W. Bush argue post 9/11?
- Civil liberties and anti-torture laws could be ignored in times of crisis (E.G. 9/11); ‘extraordinary rendition’.
What are the 5 formal Powers of the President?
- Executive Powers
- the power to influence
- appointment powers
- foreign policy powers
- power to grant pardons.
What are Executive Powers?
- Oversee the federal bureaucracy (15 departments).
- Can prepare the federal budget (needs Congress approval).
E.G. Trump’s February 2020 budget took spending to a record $4.8 trillion before costs of COVID-19.
What is the Power to Influence Legislation?
- The President can propose legislation to Congress.
- Once a bill has passed, the president can sign it into law, leave it on the desk for it to become law after 10 working days (pocket veto), or veto it
What are Appointment Powers?
- Nominate about 4000 officials, 700 confirmed by the Senate.
- Appoint federal judges (e.g., Senate blocked Obama’s Merrick Garland nomination).
Nominates all federal judges, including SC Justices (Senate denied the appointment of Merrick Garland in 2016 under Obama).
What are Foreign Policy Powers?
- Commander-in-Chief: Control of the military.
- Negotiate treaties (must be ratified by the Senate).
- President can engage in military action without Congress declaring war (e.g., Iraq War under Bush).
What is the Power to grant pardons?
- Can pardon federal crimes except for impeachment offenses.
- Example: Gerald Ford pardoned Richard Nixon over Watergate.
E.G. Richard Nixon was pardoned by Gerald Ford over the Watergate Scandal; Clinton granted 140 pardons on his last day in office.
What is the Power to persuade?
- ‘Presidential power is the power to persuade’ - Richard Neustadt.
- Used to win support from key political figures within their party, dependent on their control over both houses in Congress.
E.G. Obama had 96.7% support in 2009 when he held both houses but only 57% in 2011 when he held the Senate.
What is Deal-making?
- To gain support of Congress, presidents may make deals with Congress(wo)men to secure their support
- often used when passing budgets.
E.G. Trump made a bipartisan deal to pass the First Step Act 2018 which reformed criminal justice.
What is Setting the agenda?
- President controls media spotlight, influencing public discussion.
- Example: Trump’s framing of COVID-19 as the “Chinese Virus.”
E.G. Trump referred to COVID-19 as the ‘Chinese Virus’ and said that ‘The Squad’ should go back to their own country, despite being U.S. citizens.
What does De Facto party leader mean?
- The President is the leader of their party.
- Example: Trump struggled to repeal Obamacare despite controlling both Houses in 2017.
E.G. Trump failed to repeal Obamacare (Affordable Healthcare Act 2010) in 2017, despite controlling both houses.
What is Direct authority and stretching of limited powers?
- The President can bypass Congress with executive orders, signing statements, and agreements.
- Example: FDR issued 3721 Executive Orders during his presidency.
What are Executive Orders?
- Formal orders issued by the President to take direct action
- having the effect of law but can be easily reversed by the next president.
E.G. FDR issued 3721 Executive orders.
What are Signing Statements?
- Used when signing a bill into law to comment on it
- may include positive comments or arguments that aspects of the bill are unconstitutional.
What are Executive Agreements?
- Agreements between the US and other nations, bypassing the Senate.
- Example: Obama’s nuclear deal with Iran.
What is Bureaucratic power?
- The Executive Office of the President (EXOP) provides policy advice, admin support, and helps with public communication.
- Plays a central role in developing policy and managing the federal bureaucracy.
What are the constraints on the Executive?
- Presidents face constraints from Congress, SCOTUS, public opinion, and media.
- Example: Obama could not pass stricter gun control after the 2012 shooting due to Congress’s opposition.
E.G. In 2021, Obama could not pass tighter gun legislation as Republicans held the House and were lobbied by the NRA.
What is the constraint of Overriding the presidential veto?
- A 2/3 majority is needed in both chambers to override a veto.
- Example: Congress overrode Obama’s veto of the Justice Against Sponsors of Terrorism Act (JASTA).
Congress was able to override one of Obama’s 12 vetoes, the Justice Against Sponsors of Terrorism Act (JASTA).
What is the constraint of Power of the Purse?
- Congress must approve the federal budget, allowing Congress to leverage power over the president.
- Example: Government shutdowns can occur if budgets aren’t approved.
