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
Ways in which the President can persuade Congress
Direct appeals to Congress,,, most commonly and famously State of the Union
Can use the “bully pulpit” to appeal to the public - using their office to public pressure Congress into it (or a famous actor in front of the white house as Biden did)
Personal meetings and phone calls - Rahm Emmanuel approaching Rep. Massa whilst naked to berate him, Biden and McCarthy in the White House discussing the debt ceiling
Two examples of “Persuasion”/ pork-barrel politics with Manchin and Biden
Reduced his COVID Relief Act and IRA in order to placate this, singular senator - from 3.3 trillion to 1.
When has Congress offered a blank check in the past - why
Recent example of public opinion trumping - to some extent - partisanship and stalling President’s agenda
Bush post 9/11 was treated deferentially and head the national and international response - high poll ratings
Obamacare remained in place despite Trump’s efforts to repeal
When was EXOP founded - 3 main departments
1939 for FDR
Office for Management and Budget, National Security Council and White House Office
Role of the OMB
Develop the annual budget for the President to present to Congress + oversee and monitor fiscal matters of the executive
Role of the NSC
Advice on national and foreign policy + provide a daily security brief to the President. Attended by VPs + sec. of state and defence. May conflict with DoD i.e. Susan Rice vs Chuck Hagel
Role of the WHO
Sub-divides into 36 more offices (changes with Presidents) and is the President handpicked advisors as, say, comms director or chief of staff or simply aide to president
What powers do the WHO have
Powers of proximity - their offices are in the White House and can quickly liaise with the President + can control info flows - was nicknamed the “Berlin Wall” for Nixon
Bidens chief of staff
Jeff Zients
Who wanted a Cabinet that looks like America
Bill Clinton - has been continued by successive Presidents mostly
Singular appointment by Biden which got rejected
Neera Tandend rejected as head of OMB (only EXOP role that needs confirmation) due to political tweets
Hagel vs Obama - who won and what does it show
Disagreed on Guantanamo - Hagel dragged his feet and was forced to resign cos he was picked up on it - President has the power
Ways in which Trump’s first EXOP team didn’t work
Infighting between Steve Bannon and Ivanka and Jared + NSA chief clashed with Bannon. Members had had contact with Russia during the election and the Sean Spicer was mocked. Constant undermining + yes-men meant leadership was weak and the decision making process ineffective
Ways in which the Cabinet benefits the President
Often can provide advice on policy - Janet Yellen on debt ceiling… Trump’s first defence secretary was a former NATO commander but Trump claimed he knew better
Positive media coverage + allows exchange of big picture items and agenda - used by Obama to present the legislative agenda
Symbolic value i.e. is government at work so should be diverse and positive electoral image
Can be a slight air-raid shelter i.e. Sebelius resigned despite healthcare being Obama’s main policy push
How can Cabinet be seen as ineffective
Lincoln quote
Individually, Ministers control large departments and are important but Cabinet meetings are normally aesthetics only - any serious issues will be raised privately and all officials are entirely dependent on the President who has constitutional power.
Seven noes, one aye - the ayes have it
How many meetings did Obama have of Cabinet in his second term
How many Secretary of Homeland Securities did Trump get through, how many resignations has there been from Biden’s entire Cabinet in contrast
Obama had 12 meetings
9 Homeland security vs just 1 resignation
Current Treasury Secretary, Defence Secretary and Attorney General + backgrounds
Janet Yellen - Former member of the federal reserve
Lloyd Austin III - four-star general, first black man in the role
Merrick Garland - Judge of circuit court + SC nominee
What can change the power of a President over the course of an election
Elections - initially can be powerful having a united government and a strong coattails effect which brings more loyalty than usual i.e. Obama + Biden - Biden quickly passed Covid Relief Bill
Midterms often leave the President powerless and with a divided governments
National events often boost popularity/ power - Bush saw huge boost post - 9/11. Uvalde shooting –> first gun reform in decades
COVID –> COVID Relief Bill
Can also lead to backlash and embarrassing headlines i.e. Puerto Rico hurricane for Trump + dependent on other factors to get laws passed i.e. Obama failed post- Sandy Hook
Sum up relationship between President and Congress
Constitutionally, Congress can check all of President’s powers and will do so if the President is unpopular, a law is unpopular or the government is divided. It will use its power of the purse and even if it is united, DINOs and RINOs can stop entire agendas (Obama –> Blue Dogs, Susan Collins –> ACA repeal, Joe Manchin –> scrap + revise Build Back Better)
However, these constitutional checks ar reactive and the President has unilateral executive orders in the meantime. Coattails and united government often let him pass laws, especially during national crises where it can become deferential. This is amplified in foreign policy where it is largely ineffective
Relationship between SC and the President summed up
The President has mainly indirect influences on the SC, with appointments being the notable exception - even though they are independent thereafter (Sotomayor supported CU vs FEC ruling). Separated gov and checks + balances mean they are largely separate.
The SC is more powerful as it determines whether laws are lawful or not.
This can go against the President + their wishes i.e. expected outcome of student debt forgiveness, Obama’s DAPA order, abortion but can suppport it - upheld Obamacare, Obergefell vs Hodges, Hawaii vs Trump. Especially true in foreign policy
