The Executive Branch Of Government: The President Flashcards
What are the presidents formal powers?
Enumerated powers: explicit granted to the president by Article II of the Constitution, or delegated by Congress
Implied powers: these are implied by the text of the constitution
Inherited powers: These are not set out in the Constitution, but are needed by the president to carry out their constitution role as head of the executive, unlike implied power, inherent powers are not linked to a specific power mentioned in the Constitution, rather they are inherent to the overall role of the president described in the Constitution
What section of Article II was rarely used but is become a lot more used?
Section III of Article II of the Condition, giving the president the power to propose legation, with Washington proposing 3 law to Congress, until FR changed things, proposing an extensive series of laws during his first 100 days in office
What famous example of implied powers and executive order did FDR do in 1942 after pearl harbour?
Executive Order 9066, suspending the civil liberties of approximately 120,000 Japanese-Americans and forced them into internment camps for the duration of the war, though overruled by the Supreme Court in 1945 and in 1988 Congress formally apologised in 1988 and paid reparations
What is an example of a inherent power?
After 9/11 Bush’s administration argued that the presidents inherent powers gave him the authority to ignore civil liberties and anti-torture laws, with ‘extraordinary rendition’
How many executive departments is the federal bureaucracy?
15
Who is the chief executive of the federal bureaucracy?
The president
Who has the power of preparing the annual federal budget?
The president
Who actually writes the budget?
The president’s Office of Management and Budget (OMB)
When does the president usually propose legislation to Congress?
In the annual State of the Union Address usually in January of each year
When would a president use the ‘leave it on the desk’ option?
For potential ‘pocket vetos’ or for minor pieces of legislation or legislation they do not agree with but would be unable to prevent Congress passing
Who was the last president to use a pocket veto?
Bill Clinton in 2000, though W. Bush claims he did it in 2007 though it has been disputed
What is ‘veto signalling’?
A threat by the president that puts pressure on Congress to make changes to a bill that the president wants or it might be vetoed
How many vetoes have recent presidents used and how many have been overridden by Congress?
Reagan: 78 vetoes 9 overiiden
H.W. Bush 44 vetoes 1 overridden
Clinton 37 vetoes 2 overridden
Bush 12 vetoes 4 overridden
Obama 12 vetoes 1 overridden
Trump 10 vetoes 1 overriden
Around how many positions are filled in the executive branch?
4,000 with 700 confirmed by the Senate by a simple majority vote
What did the War Powers Act 1973 do?
In theory requires president to ask Congress to approve in advance military action, some presidents face acted without approval though
Explain the power to grab pardons by the President?
The president can pardon anyone who has been convicted f a federal crime with the exception of cases of impeachment
What is an example of pardon by the president?
In 2019 Trump pardoned African-American boxer Jack Johnson in 2019 for the 19193 offence of crossing state lines accompanied by a white women
What is an example of a pre-emptive pardon?
After Nixon resigned in 1974, Ford assumed the presidency, as vice-president, and pardoned Nixon for any crime she might have committed
What was Clinton critique fro when he sued the pardon?
Using it for his own brother for a frug offence and for pardoning wealthy supporters and pardoned 140 people on his final day on offence creating a scandal called ‘pardongate’
In 1960, what did Professor Richard Neustadt argue was the key skill for an effective presidency, as each branch of US federal government shares equal power?
Persuasion
What are the informal powers of the president?
The power to persuade, deal-making, setting the agenda, de facto party leader, world leader
What might the president offer with members of congress if they help pass the presidents legislation?
Might offer to support a policy the legislator is championing, or support them with election campaigning, or deliver funding to their home stay or disitrcy
Which act that reformed criminal justice did Trump make bipartisan deal to pass?
The First Step Act 2018
What is an example of being de facto party leader not working?
When the Republican controlled both house in 2017, Trump was unable to convince Congress to fully repeal Obama’s Affordable Care Act 2010
Which president popularised direct authority, using the power of the president to take action directly without consulting Congress?
FDR
What is an executive order?
An official order made by the president directly to the federal government, has the effect of law but can be easily reversed by the next president, though not by Congress, the power resulting from Article II giving the president execrative power, with president claiming an implied right to executive orders
Who holds the record for most executive order issued?
FDR with 3,721
What executive orders did Obama do when he became frustrated with Congress?
He increased the federal minimum wage and outlawed discrimination against same-sex couples by health insurance companies
What are signing statements?
Presidents use singing statements when they sign a bill into law but wish to comment on it, though are controversial as presidents can effectively use them to achieve a line-item veto, though declared unconditional by the Supreme Court in 1996 via Line Item Veto Act
What are examples of executive agreements?
The 2015 Paris Agreement signed by Obama but withdrawn by Trump and the 2015 Iran Nuclear deal which Trump also withdrew from
What are some implied powers of the presidents?
Executive orders, signing statements executive agreements and bureaucratic powers
What is the Executive Office of the President (EXOP)?
A collection of office proving both policy advice and administrative support to the president
What offices to EXOP help the president run?
Run the federal government
Develop Policy
Write legislation
Communicate with the public
Communicate with members of Congress
Negotiate trade deal
Promote their agenda
Who set up EXOP?
FDR
What are the ways Congress can check on the president?
Amending, delaying or rejecting the president’s legalisation, overriding a presidential veto, power of the purse, confirmation of presidential appointments (senate only), radiation of treaties (senate only), powers to declare war, investigation and impeachment and trial of president
What is an example of the presidential force into changing policy due to Supreme Court action?
When federal courts in 2017 halted Trump’s ban on travellers from seven majority-Muslim countries, he was forced to amend his organ executive order to include North Korea, Venezuela and Chad, forcing the Supreme Court to rule that the expanded bam was met a ‘Muslim ban’ and therefore was constitutional
What are the other constraints on the president?
Party Support in Congress, the prevailing judicial philosophy of the Supreme Court and Attitudes of the media and public opinion
Which pressure group successful convinced many members of Congress to block Obama’s Gun control reforms in 2013?
The national Rifle Association (NRA)
Which devolved role can act against the president’s agenda?
State governors, like when Democrat Jerry Brown who as the California governor campaigned against Trump’s decision to withdraw from the 2015 Paris Climate Agreement, and singed California up to a peerage subnational coalition committed to reducing greenhouse gas emissions and also passed legislation to work against Trump’s imitation policies
What is the cabinet made up of?
The vice president and the heads of the 15 executive departments
What is the backgrounds of most cabinet members?
Former politicians
Academics
Experts in their field
Military officers
Lobbyists
What is an example of a former politician in the cabinet?
Obama’s secretary of state between 2009-2013 was Hilary Clinton who was a former senator
What is an example of a academics in the cabinet?
Obama appointed Noble Prize-winning physicists Steven Chu as his secretary of energy
What is an example of a expert in their field in the cabinet?
Steven Mnuchin, Trump’s secretary of the treasury from 2017, was previously an investment banker and hedge fund manager
What is an example of a military officers in the cabinet?
Biden appointed retired general Lloyd Austin as secretary of defence
What is an example of lobbyist in the cabinet?
In 2018 Trump appointed former lobbyist Andrew Wheeler to head the Environmental Protection Agency (EPA)
What does the presidents cabinet normally reflect?
Their own perspective and experience, for example the pro-business Republican W. Bush appointed a large number of business experts and CEOs to his cabinet, whereas former law professor Barack Obama chose a highly academic cabinet in which 2/3s of officers had attended an indy league school
Which cabinet member did Trump sack over Twitter in 2018?
Secretary of State Rex Tillerson
What offices are in EXOP?
The White House Office, the National Security Council, the Office of Management and Budget, and the Office of the Vice President
How many staff are in EXOP?
3,000-4000 staff
Who heads EXOP?
The White House chief of staff
What is the role of the White House Office?
It work most closely with the president, with more than 400 employee in 2019, and works within the West Wing of the White HOuse
What is the National Security Council (NSC)?
Is the president’s main forum for discussing and managing national security or foreign policy issues and is chaired by the president and has many highly ranked staff as members
What did Obama allow his first chief of staff, Rahm Emanuel, to do?
Allowed Emanuel considerable authority and coordinated the work f policy cars, cabinet officers and national security divers, leading to resentment from cabinet officer asked to submit weekly reports too him
How many chefs of staff did Trump have?
4
What are ‘policy czars’?
Government official who are responsible for a particular area pf policy
Why did Republicans critiques Obama’s use of policy czar’s?
As they were not confirmed by the Senate, so were less subject to scrutiny
What percentage did Obama increase the number of federal employees by during his tenure?
8%
What did Obama rely on to avoid become a lame duck president when the Democrats were not in control of Congress?
Executive order and executive agreements rather than legislation, though this was not always successful
Which professor in 1973 claim that Richard Nixon’s predict was imperial in nature, as the president had acted ‘emperor-like’?
Arthur Schlesinger
What was the number of ‘imperial’ actions taken by Nixon?
Authorised military intervention in Cambodia and Laos without telling Congress
The Watergate scandal showed corrupt and illegal methods
The congressional Vietnam war without congressional approval
What did Ford argue in response to the imperial presidency theory?
That the presidency was ‘imperilled’, the idea that the presidency is weka and ineffective
aWhat was the claims that Ford made to back up his ‘imperilled’ theory?
Congress and responded to the failing of Nixon’s presidency with new legislation like the War Powers Act 1973
The federal bureaucracy’s size made it difficult for president ro ensure their wishes were properly fairer out, with Ford feeling that it was working against his agenda to reduce government intervention and spending
What are the main points around if the president is ‘imperial’ or ‘imperilled’, highlighted by Cal Mackenzie in his 2016 book?
Military action, Emergency powers, the rise of direct authority, opposition from Congress, presidential style, and expansion of the deal government
What are some examples of presidents using energy power to limit civil liberties?
FDR and Executive Order 9066 stripping civil liberties from Japanese-Americans during WW2
After 9/11 W. Bush authorised donation and torture on supported terrorists
Obama rejected torture but did not close Guantanamo Bay, and his ‘targeted killings’ programme allowed him to launch ten times more unmanned drone strikes in the Middle Eats ad Asia than his predecessor
In March 2020 in response to the Covid-19 pandemic Trump declared a national emergence and banned US citizens from travelling to European countries
What act attempted to limited presentation power by requiring any declaration of an emergency be accompanied by a legal justification of an emergency be accompanied by legal justification and a review by Congress every 6 moths, though had little impact?
The NAtional Emergencies Act 1976
How many national emergencies remained current in 2020?
More than 30
Why does every two-term presidency become imperilled to some extent?
Because they become a lame duck when they usually lose Congress
