The President Flashcards
What article grants the President powers, what are these
Article 2
Veto legislation
Presidential pardon
Commander in chief
State of the Union
Appointments of judges and officers
Head of state + executive
Negotiates treaties
What are the informal powers of the president
Using their mandate/ the bully pulpit
Executive orders and other tools
Using the Cabinet
Using EXOP
How many vetoes did Obama use - how many were overturned
12 i.e. one on the Keystone oil pipeline. 1 was overruled in Congress (Justice against sponsors of terrorism)
Recent example of Presidential pardon, what makes this power unique
Biden pardoning federal convictions for possessing marijuana - thousands benefit.
Unique as it is the only one w/o a check
What did Biden say at the State of the Union - is it going to achieve anything
Covered lots of things - please for policing reform, enshrinement of Roe vs Wade and further gun control are not going to go anywhere post midterms
How are treaties and appointments checked by Congress
How can appointments be very influential
Must be passed with a majority vote in Senate, 2/3 for Treaties + recess appointments can no longer be made
Trump’s 3, rightwing appointments will likely shape the SC for a generation
Treaties comprise …
6% of foreign policy (since 1990)
Two examples of quick, unilateral action showing Biden as commander
Afghanistan + drone strike on Syria that killed IS leader
What informal/ implied powers does Biden have due to being head of the executive
Executive orders, executive agreements, signing statements, recess appointments, emergency powers
What informal/ implied powers does Biden have due to being head of the executive
Executive orders, executive agreements, signing statements, recess appointments, emergency powers
What do executive orders do, how can they be checked
Direct federal bureaucracy i.e. DAPA and DACA directed ICE and FBI not to use resources to find dreamers or their children, Biden in March issued one to enforce upholding of gun control legislation
Can be checked by subsequent Presidents i.e. Trump removed federal support for Medicare as much as possible, Biden reversed these
Can be struck down by federal courts - often end up in SC i.e. Trump vs Hawaii over Muslim travel ban
Can be overturned by legislation in Congress
Why are executive agreements used so much more than treaties
2 examples
Ruled legally binding by the SC in the 1940s and don’t need a supermajority - allows President to have greater control over foreign policy
Iran Nuclear Deal acts as on, although not official. NAFTA is a famous one
Good recent example of a President abusing emergency powers
Trump declared the situation at the border a national emergency in order to appropriate federal funds ( his budget which attempted to do so had been rejected by Congress). Congress deemed this unlawful but Trump vetoed this resolution, allowing construction to continue until it was revoked again by Biden
Who said the power of the President is the power to persuade
Richard Neustadt
Challenges to the idea the President’s power is to persuade
Partisanship reduces the ability for President to sway centrists
Executive orders and powers
Maybe are more dependent on events i.e. largest gun reform in decades post-Uvalde