the presidency Flashcards
what are teh powers given to the preciadent via the US consitution called
enumarated powers
from what part of the consitution the the US president get their powers
- artical 2
what are the powers of the US president that are not in the us consitution called
implied powers
List the enumerated powers of the presidency
9
- comander and cheif of the armed forces
- The power of the pardon
- negotiate treaties - needs 2/3 senate confirmation
- appointments - needs senate confirmation
1. cabinet ( the execuative )
2. ambasiders
3. federal judges - cheif of the executive
- Recess Appointments
- head of state (more a seromonial role)
- veto legislation
1. there needs to be a congressional super majority to overide this - sign legistation
- to conveen or adjurn congress (extraordinary circumstances)
- state of the union adress
what is a federal judge ?
serves for federal levl courts
give an example of the precident using the power of the pardon honerably
- Obama in 2014 a numbre of non violent drug offenses with long term setenses ( especially towards black american) ( e.g. possetion of majwana)
give an example of the precident using their power as comander and cheif within their powers ( recent )
- Trump withdrew forces from northern syria in october of 2019
give an example of the precident using their power of appointments
Biden appointed assosiate supream court justice kentanji brown jackson in 2022 and her appointment was confirmed in 2022
give an example of the precident using their power to prepose legislation
at the start of his second term Obama used his state of teh union adress to premote his policy preosals on job creation, imigration reform, gun controle and increasing teh federal minimum wage as well as AHA for his first term
give an example of the precident using their power of the veto ineffectively
- National Defense Authorization Act 2021 this would force trump to inform congress on any millitary action he intended to take before hand
- he vetoed the legistlation however his veto was overideen in the senate - depite being republican
give an example of the precedent using their power of the veto effectively
- trump anf the “Iran War Powers Resolution act” - 2020
- this act was mean to limmit his powers over millatry forces in iran but he succesfully vetoed it
what is a pocket veto
- if a piece of legistation is given to POTAS in the last ten days of a congressional session, he can “leave it on his desk” and not sign teh bill
- this will mean it will not become law as it is srapped once congress ajurnes
- Barack Obama pocket vetoed the Justice Against Sponsors of Terrorism Act (JASTA)
where does the VP get there power
- The VP’s powers/role is foramlly codified in the US consitution ( artical 2)
- They also run for office along side teh president in an election so tehy ahev a direct mandate from teh people
- however teh 26th amendment allows for POTUS to appoint a new vise president if the current office were to becoem vecant. they just need a majority to confirm this inthe senate ( this has happened twise)
what are the enumerated powers of the VP + examples
- the preciding officer of the senate (this is a job the VP rarely performes)
- they have the tie breaking vote in the senate
1. for example camilla harris acst 26 tie breaking votes from 2020-22 the third highest ever as the senate was devided 50/50 - anouncing the result of teh electoral collage votes
1. mike pense anouncing Biden as POTUS in 2020 despite the presure from republicans - the vise president becomes the president on the removal, resigantion or death of the current president and compeets their term in office
1. e.g. when Nixson regisned in 1974 after the watergate scandle and was then pardoned by his VP Ford - tehy also become acting president if the current president is disbeled
1. e.g. camilla harris in 2022 when biden was under general anasetheic
- who was Trumps VP ?
- who is bidens VP ?
- who was obamas VP ?
- Mike pense
- camilla harris
- joe Biden
who was the islamic leader and possible terroris Trump has assasimated but did not tell congress about ? when did this happen ? and what failed act did it trigger ?
- Quasem Solimani ( in Iraq but was an aranian officer )
- 2020
- The Iran war powers resolution act that trump vetoed
what are recess appointments
potus can fill Vacancies in roles that may happen during the Recess of the Senate, however the Commissions shall expire at the End of their next Session.
how many resses appointments did obama make
Obana made 32
what does convene mean
- to gather together ( e.g to convene congress or infomation)
what does adjurn mean
to break off with the intention of resuming it later
give an example of the presiadent using his power to convene ajurnedcongress
- he has never ajurned congress
How does the US cabinet/ execuative get their power
- There is a singular exeuative in the form of POTUS in the US
- therefore cabinet is appointed by POTUS and serves at the pleasure of them
what is the advantage of the US system in terms of the execuativ branch
- policy specialist are recruited rather than careas politicians
give an example of a US policy specialist heading a gocernment department
- 4 star general Lloyd Austin is bidens secuartry of densfense
give an example of a US policy specialist heading a gocernment department
- 4 star general Lloyd Austin is bidens secuartry of densfense
how many formal cabinet posts are there and unofficial
15 official departments + 9 cabinet level positions
How offeten do Us cabinet meeting occure + examples + rellivance
- rarely: its mainly done as a pto op, to present big picture ireams, to convene between bif departments and to exhange info
1. Bush famoisly only met his cabinet evey 2 years
2. biden has only met his cabinet 1 tiem - relevance: significance of the difference of ministers of the crown vs single execrative
Whats the presiadent’s body that is more important than the cabinet
- EXOP- execuative office of the president
What 2 factors are most important in cabinet appointments + example
- expertise and qualifications
1. lloyd Austin bidens sec of defense and a 4 star millitary jurnal - ballencing the social profile of cabinet (more for the democrats)
1. bidens cabinet is the first 50/50 gender cabinet and its makup ruffly is representative of the us population. For instance Deb Haaland is the secuartry of the interior and a female native american
give 3 example of biden ballencing the social profile of his cabinet
- Deb Haaland is the secuartry of the interior and a female native american
- 50/50 male female
- nera tanden’s replacement nomination for dirrector of the OMB because of her offensive tweets was very controversual. She was a native american an her replacement was affrican american sherlanda young
what type of power is cabinets power
- its an impied power of the precidency and tehy get they power via the president
Why, when and by who was exop invented
- FDR in 1920 as a resonec to the great depressiona nd governement departemenst growing
what are the impoetant subdepartmenst of exop
- the white house office
- the cheif of staff
- OMB- the office of mangement on budget
- NSC- national security counsil
what does OMB stand for and what is it
- officially its a part of EXOP but is important enough to be a cabinet post and its head si confirmed by teh senate
- it stands for the office of mangent of budget
who is the current head of the OMB
- Shlander young
what doe steh cheif of staff do
- deside what reports end up on the presidence desk
- comunicates with other staff mebours and departments on behalf of the president
- ( basiclly the hardestjob in the white house)
whos bidens cheif of staff ?
Ron Klain
what is the NSC and what does it do ?
- the national security counsil
- incharge of national security, military, and foreign policy matters
whats the issue with EXOP
- they are uneleted official running the country with argually more power than the government departments as they are closer to the president, (in the white house)
how is US cabinet differnt to the UK + so whats (essay plan)
signugar executive vs ministers of the crown
* POTUS is teh sigular executtive in teh US as Artical 2 of teh cosnitution vests all execuative powers in them so they are able to act unilateryy if they so please in terms of executive powers . However the UK the priminister is asked to form a cabinet through the royal perogative powers. Therefore all cabinet ministers are ministers of the crown and ahve to come to a collective dession under the rules of collective reponcabillity.
* this is significant as it means that the president is able to act unilaterlly interms of their executive role, and ignore the wll / insights of their heads of state. where as (in most cases) the Uk exeutive (particullarly cabinet) have to act as a whole.
1. President Donald Trump’s decision to withdraw the United States from the Paris Agreement on climate change. Despite the advice and recommendations from his Secretary of State at the time, Rex Tillerson, who supported the U.S. remaining in the agreement, President Trump announced the country’s withdrawal in June 2017- (fired but not till mid 2018)
2. ministers in the uk must resign under the rules of collective responcibillity if they cant stop or support gov dession - borris and david davis 2019 checkers
appointments
* inthe Uk there is fusion of powers vs seperation of powers in the US. This means that cabinet ministers are pooled from the legislatur in the Uk, selected by teh PM. however in the Us POTUS appoints minsiters dirrectly from the electorate and they cant be a part of any other branch
* significance: policy specialist vs carea politicians
1. for exmpel, before being PM liz truss was a carea politician working her ay though diffent important cabinet posts. She had 5 in total.
2. conversly in the US for exapel, lloyd austin who is bidens sec of defense had no prior political expirence but was a 4 star general.
differnt powers
* fusion vs sepertion of powers also give UK ministers and electoral madate for action and power in the legislature. In the US however heads of staet can only mange departements
* this is significnat a it means that UK cabinet has alot more significance. the PM or a minister is has the potential to prepose a piece of legislation in the legislature and will likly have it passed if the governign party has a significnat majority where as even potus only has the power of perswasion and heads of state have enevn less power.
* “Marriage Act 2013” introduced by the Tory Minister for Women and Equalities Rt Hon Maria Miller
give an example of a trump cabinet resignation
- seurtry of state rex tillison found himself publically at odds with trump which meant he was either fired or forced to resign in 2017 its unclear- mainly over Iran nuclear deal
what is the imperial presidency
- when teh president acts behond his formal consitutional powers
- coilned by schlesinger in 1973
what is the opersite to the imperial presidency ?
- The imperraled presidency
what is the imperalled presidency
- The basis of the theory is that the President does not have enough power to be effective in the role.
- the idea that congress has put to many legislative constraints on teh presidence so now his powers ar eimperreled
was nera tandon ever oficialy nomiated for dirrector of the OMB
no
whats area can that the president has potencial to acts imperialy
- foreign policy
- domestic policy
give example of How has the president historically been imperial in foreign policy
- in 1950 when north korea invaded south korea truman imediatly sent troops to help without confressional aproval
- in 1970 Nikson bombed cambodia without even the knowledge of congress
give examples of how the US president is imperial now interms of milalrty foreign policy
- in 2020 trump ordered fro the assasination of Quasem solimani without informing congress
- trump removed millatry forces fromnorth syria in 2019 without imforming congress
- he also vetoed their attemps to limmit his power with the The Iran war powers resolution act that trump vetoed witch would limmit his powers in iraq and attemped to veto the national defense autherisation act with would forces him to inform congess on millitary actions before they are taken
- Obama sending troops to lybia in 2011
How is the president not imperial interms of forgein policy millitary powers + example
- The power of the purse: congress confirms the budget so can cut off the presidents funds for “special operations”
1. when congess turned off the tap of funding to vietmnam forcing the us to pull out in 1975 (during nixsons adminsitration)
what is it called when a president sends troops somewhere
a “special operation” not a war