The presidency Flashcards
Where are the powers of the President laid out?
Article 2 of the Constitution.
Powers of the President
Propose legislation
Submit the annual budget
Sign / veto legislation
Nominate executive branch officials / judiciary
Act as CEO / commander-in-chief / head of state
Negotiate treaties
Pardon
Where can the President propose legislation?
State of the Union address
Press conference
Announcement at a public event
Obama’s 2013 State of the Union address
Promoted his policy proposals on gun control and immigration reform
Which Obama veto did Congress override?
Justice Against Sponsors of Terrorism Act
September 2016
What proportion of the Senate is required to ratify a treaty?
2/3
Example of a presidential pardon
Clinton for Mark Rich
Where in the Constitution is the Cabinet mentioned?
The Cabinet isn’t mentioned at all in the Constitution
What is EXOP?
Executive Office of the President
The umbrella term for the top staff agencies in the White House that assist the president in carrying out the major responsibilities of office.
Key offices of EXOP
The White House Office
The Office of Management and Budget
The National Security Council
Functions of the OMB
Advise the President on the allocation of federal funds in the annual budget
Oversee the spending of all federal departments and agencies
Act as a clearing house for all executive initiatives
Who coined the term “power to persuade”?
Richard Neustadt
Presidential persuasion through people
The vice president
Members of the Office of Legislative Affairs (official lobbyists)
Cabinet Officers
Party leadership in Congress
Direct authority of the President
Executive orders
Executive agreements
Signing statements
Recess appointments
Imperial presidency
A presidency characterised by the misuse of presidential powers
Examples of an imperial presidency
Korea
Cuba
Vietnam
Imperilled presidency
A presidency characterised by ineffectiveness and weakness, resulting from congressional over-assertiveness
Who coined the term “imperilled presidency”
President Gerald Ford
Examples of an imperilled presidency
The Case Act (1972) forced Presidents to inform Congress of all executive agreements made with foreign states
What can Congress do to limit presidential power?
Amend, delay or reject the President’s legislative proposals
Override the President’s veto
Amend the President’s budgetary requests (power of the purse)
Check the President’s commander-in-chief power (power to declare war + power of the purse)
Refuse to ratify treaties
Reject presidential nominations
Investigate and impeach the executive branch
What can the Supreme Court do to limit Presidential power?
Declare Presidential actions as unconstitutional
eg. NLRB v Noel Canning 2014
Factors limiting Presidential power
Congress The Supreme Court Pressure groups Federal bureaucracy State governments
Factors affecting presidential success
Electoral mandate Public approval First/second term Unified/divided government Crises
Electoral mandate examples
In 1984 Reagan won 59% of the vote
In 2000, Bush did not win the popular vote v Al Gore
Public approval examples
Bush’s approval rating reached 90% post 9/11
Bush’s approval rating rarely went above 40% during his last three years in office, reaching 25% in 2008
Bill Clinton’s high approval ratings saved him from conviction in the Senate
First/second term examples
Average first-year presidential support score since 1980 = 83%
Average last-year presidential support score since 1980 = 48%
VS
Bill Clinton approval rating went up from 50% to 61%
Unified/divided government examples
Average presidential support score for years of unified government since 1992 = 83%
Average presidential support score for years of divided government since 1992 = 53%
Crises examples
9/11
Ousting Saddam Hussein from Kuwait
OKC bombing
Example of an executive order
EO 8802
FDR
1941
Explicitly prohibited racial discrimination and set up the Federal Employment Practice Committee to implement it
Example of a recess appointment
Obama to the National Labour Relations Board (2012)
Example of an executive agreement
NAFTA (1994)
Example of a signing statement
Obama on the HIV Organ Policy Equity Act (2013)
Presidential persuasion through perks
Personal phone-call (Clinton to Mezvinsky in 1993)
Offer to help with legislation that benefit’s that congressman’s state or district
Meeting at the Oval Office or Capitol Hill
Offer to campaign for them at the next election
Pro importance of Cabinet
Contains some of the most important people in the executive branch
Chaired by the President
Each position is extremely powerful
Anti importance of Cabinet
No doctrine of collective responsibility
Divided loyalties (Congress / own departmental bureaucracy / pressure groups)
Can be subordinate to EXOP
President not required to consult the cabinet
A balanced cabinet
Gender (4 women under Obama) Race (6 BAME under Obama) Region Age Ideology
Presidential control of foreign policy
Conducts negotiations or directs them - Russia/NK/Cuba
Signs the treaties and sets the diplomatic tone
Requires the Senate to ratify treaties, but can use Executive Agreements
Commander-in-chief, but only Congress can declare war
President’s power is the power to persuade / imperial or imperilled presidency
Depends on size of his mandate
Depends on his desire to retain the respect of Congress - use of direct authority
No, as he has both constitutional and extra-constitutional powers, although most of these requires an element of persuasion
Informal powers over formal powers
Formal powers limited by the need to persuade people
Extra-Constitutional powers
Depends on the size of the President’s mandate
The US presidency is weak at home, and strong abroad”
Strong abroad - C-i-C, Head of State, summits, EA’s
Treaties subject to ratification by Senate, requires Congressional approval for deployment of troops, victory in war not always guaranteed
Weak at home - Legislation / Oversight
But - Direct authority, oversight flaws
Success rate of presidential vetoes
93%
International agreements split
90% EAs
10% treaties
