The President

Question 1

President’s role as head of state and why is it important

Answer 1

A head of state is the chief public representative of a country. As head of state, the president has diplomatic and ceremonial duties, such as receiving visiting dignitaries and other heads of state, or travelling to other countries to represent the US. The president is often a central focus-point in times of national crisis and it is common for the president to make speeches or visits in relation to nationa disasters
While this does not give the president any formal powers (such as making an appointment or vetoing legislation) it does allow him or her to exert a huge amount of authority. The respect that can come from this role allows the president to be seen as a national leader, with the opportunity to direct US policy in both national and international affairs. The rise of national media, particularly television, has allowed the president to deliver a US-wide message and exert greater influence over both public opinion and Congress. This has helped to give the president a national mandate to carry out policy goals.
In the aftermath of 9/11, President Bush was seen as a symbol of American resolve and pride, taking a strong, tough stance. However, Bush was heavily criticised for not personally visiting areas hit by Hurricane Katrina in 2005, providing evidence of the importance of the symbolic role.

Question 2

Case study: The Newtown shootings

Answer 2

In 2012, Adam Lanza shot and killed 26 people at the Sandy Hook Elementary School in Newtown, Connecticut. 20 children - aged six and seven years - and six adult staff members died. Lanza committed suicide at the school. More people were killed in this incident than in any other high-school shooting in US history. President Obama immediately gave an emotional public address followed by a number of speeches, both in Connecticut and from the White House, about the killings. He also met with families of school shooting victims. He used this visit as a springboard to push gun-control legislation. He created a gun violence task force headed by his vice president, Joe Biden. Legislative proposals sent to Congress included maximum ammunition magazines of ten rounds and the reintroduction of an assault-weavons ban, which existed under the Clinton presidency. This legislation was soon debated in Congress but failed to pass. Obama then pursued a number of executive orders, bypassing Congress and achieving some of his policy goals. This role, therefore, heavily feeds into the description of the president as chief legislator.

Question 3

What is an executive order?

Answer 3

a direction to the federal bureaucracy on how the president would like a piece of legislation to be implemented.

Question 4

Role of President as head of government

Answer 4

‘The Executive Power shall be vested in a President of the United States of America.’
Article II, section 1, Constitution of the United States of America
This single sentence encompasses a huge amount of roles and responsibilities, as well as a vast series of offices. The president has absolute constitutional control of the executive branch. As the ultimate decision-maker, the president is able to use the executive branch to develop their political goals and use a complex network of departments and agencies to take control of policy-making and put that policy into practice.

Question 5

What supports the president?

Answer 5

Under his direction are the Cabinet (mainly the heads of government departments with the title Secretary) and each of the 15 Cabinet departments. In addition, the president can utilise the Executive Office of the President (EXOP). Created in 1939, it originally contained two offices but has since grown enormously in size and scope in order to assist the president in decision-making.

Question 6

What power does the President have over appointments?

Answer 6

As head of the executive the president makes approximately 3000 appointments to federal posts.
They all ‘serve at the president’s pleasure In other words they are expected to serve the wishes of the president and can be appointed or dismissed by him at any time.

Question 7

What positions are included in executive appointments?

Answer 7

They include:
• nearly 500 Cabinet and sub-Cabinet posts, subject to Senate confirmation
• 2500 additional appointees, mainly within the EXOP.
Posts requiring Senate approval include:
. Cabinet and junior Cabinet posts
•amhascadors
• agency heads, including Environmental Protection Agency (EPA), Federal Emergency Management Agency (FEMA), Central Intelligence Agency (CIA), Federal Bureau of Investigation (FBI)
• members of regulatory commissions, for example, Federal Communications Commission (FCC),
Federal Energy Regulatory Commission (FERC), Securities Exchange Commission (SEC)
• all federal judges (supreme, federal district and circuit courts).

Question 8

Case study: Trump and Obama as head of the executive branch

Answer 8

In 2013, Obama created the White House Council on Native American Affairs, which meets at least three times a year, and includes a range of Cabinet-level posts, chaired by the secretary of the interior. This was part of many initiatives created by Obama. such as the Annual White House Tribal Youth Gathering. Obama made much of this in his 2008 election campaign when he said of Native Americans, ‘You will be on my mind every day I am in the White House:’ In 2017, Democrats appealed to President Trump to retain these Obama initiatives with no statements or appointments from the White House in the early months of the Trump presidency. There are criticisms that Trump’s agenda is harmful to Native American interests, given, for example, Trump’s signing of an executive order to continue building the Dakota pipeline without consultation with this minority group.
Trump made other major changes in restructuring the White House. He installed his chief political strategist Steve Bannon as a permanent member of the National Security Council, the first time a political appointee has been a member of the body which provides security advice and information to the president. The New York Times has since found evidence that this was done accidentally! Bannon was removed in April 2017. In addition, Trump has created the Office of Innovation and appointed his son-in-law Jared Kushner to reform the federal bureaucracy, including government departments, by applying business principles to the running of government

Question 9

Role of President regarding foreign policy

Answer 9

Asthe head of the executive branch the president has also been entrusted with other critical roles, particularly relating to foreign policy. The president is known as the chief diplomat responsible for relations with other countries, as well as for nominating ambassadors and diplomats. The Constitution also makes the president the commander in chief of the armed forces. This clearly gives the president power to direct the military during times of war.

Plus treaties, exec. Agreements

Question 10

Problems with lack of clarity around role of President in foreign policy

Answer 10

There is a lack of clarity in the Constitution, however, as Congress is given the power to declare war. This has led to major conflict over who has the right to initiate military action. Obama created controversy over extensive bombing in Libya, leading to the downfall of the Gaddafi regime, again without any congressional approval. He followed a long line of presidents who are apparently over-stretching their commander in chief powers, including Bill Clinton, who ordered the bombing of Kosovo in 1999.

Question 11

What are Informal powers?

Answer 11

powers of the president not listed in the Constitution but exercised anyway.

Question 12

Informal sources of the President’s power (6)

Answer 12

-Electoral mandate
-Executive orders
-National events
-The Cabinet
-EXOP
-President’s own powers of persuasion

Question 13

How does the electoral mandate of the president affect his power?

Answer 13

Presidents can be affected by the extent to which they have an electoral mandate to govern. Some presidents are elected on a strong wave of support in which they outline a clear policy vision. Most presidents achieve their most important goals in the first two years of office while their mandate is fresh. Presidential success rates typically fall as the term progresses, partly as the president moves further from their original mandate. Obama achieved some of his most important policy goals in his first two years, including the budget stimulus, health care reform and beginning the process of moving troops from iraq
Other factors related to the electoral mandate can be just as important. The nature of partisan control is arguably a more important source of presidential power than their public mandate.
Armed with a majority in Congress, a president is likely to be able to overcome limits to their mandate. It is a party majority that will have a larger impact on their power.

Question 14

Popular mandate of Clinton, Bush, Obama, Trump, Biden

Answer 14

Clinton: 43%
Bush: 48%
Obama: 53%
Trump: 46%
Biden:

Question 15

Senate and House control under Presidents, before and after mid-terms

Answer 15

.

Question 16

Major issues under Clinton

Answer 16

•Major issues
•Oklahoma bombing
•Balanced budget politics and government shutdown
• Monica Lewinsky scandal
Failed attemnts at health care reform

Question 17

Major issues under Bush

Answer 17

•9/11 and the war on terror’ Irag and •Afghanistan Wars
•Hurricane Katrina
•Banking crisis

Question 18

Major issues under Obama

Answer 18

• Health care reform - the Affordable Care Act
• Budget crisis and stimulus package
•Osama bin Laden
• Government shutdown

Question 19

Major issues under Trump

Answer 19

• ‘The wall’ and immigration
• Russia connections and Comey firing
• Trillion dollar infrastructure plan
• Repealing Affordable Care Act

Question 20

Major issues under Biden

Answer 20

-COVID
-Infrastructure
-Immigration
-Ukraine
-Afghanistan

Question 21

Significance of executive orders. Example

Answer 21

Executive orders are an implied power of presidents based on their role as head of the executive branch. A president can create a legal order without a vote in Congress, then use it to direct the executive branch in carrying out policies. Many of these executive orders can be traced directly to an Act of Congress, with the president issuing instructions to ensure these laws are carried out. In theory this is a legitimate tool under the Constitution and many executive orders are uncontroversial. For example, Obama issued an executive order to create the White House Council on Native American Affairs.

Dream Act
Obama gun regs
Trump first 32 days in office

Question 22

Examples of important executive orders

Answer 22

The authority to issue such orders is a powerful tool. Bush refused congressional pressure to end certain interrogation methods, but Obama swiftly achieved a key policy goal, issuing an executive order to stop CIA operatives carrying out what he saw as methods of torture as one of his first presidential acts.

Question 23

How have executive orders changed?

Answer 23

Unilateral presidential action such as this dates back to the formative years of the modern presidency with the New Deal in the 1930s. However, it can be argued that the scope of these orders has changed. If issuing an order is seen as identical to making a new policy or law, then constitutionally Congress could have the right to vote on the proposal.

Question 24

Limitations of executive orders power (2)

Answer 24

•The president has to show that their use is directing the executive branch in a manner that does not fall under the legislative role of Congress. This can and has been reviewed by the courts.
While the vast maiority of executive orders remain intact. some are blocked. as the 2016 case
stud below shows

•There can be strong public and congressional outcry - and presidents have to be mindful of their popularity if they are to maintain power. Excessive use of executive orders may actually undermine a president’s ability to make deals with Congress.

Question 25

How can national events affect the power of the president?

Answer 25

National events, especially natural disasters, economic crises and terrorist attacks, can play a
significant role on presidential power, directly or indirectly. They can reduce the time the president has to devote to other policies, and have an Impact on public opinion. If a president or their policies are popular then congress is likely to show more deference to the president.

Question 26

How did national events affect the power of Obama?

Answer 26

Obama was almost blown off course in his bid to pass his flagship health care policy. The 2008 banking crisis and economic collapse meant that Obama had to prioritise an economic stimulus package, steering this through Congress before he could push his initial agenda. Opposition to his health care policy increased, forcing Obama to water it down - something he might not have done ithe could have introduced legislation earlier.

Question 27

How did national events affect the power of Bush?

Answer 27

The 9/11 attacks had a profound effect on US politics, including on George W. Bush. His power surged dramatically after this event, as the unity of public support for the president increased. At same time, given the extreme nature of these attacks and a rise in patriotism, a spirit of unity dampened any Democrat opposition to the president. In the following years, Bush was We tO exert huge control over both domestic polities and foreign policy. This had a knock-on effect of allowing the Republican Party to take control of both chambers of Congress in the 2002 mid-term elections.

Question 28

Importance of the cabinet

Answer 28

The Cabinet includes the vice president and the heads of 15 executive departments, as well as Cabinet-level officials such as the chief of staff and the head of the Office of Management and Budget. Cabinet members can play an important role in helping the president to make and execute policy. Individual members of the Cabinet can act as key policy advisers, with senior Cabinet positions such as the secretaries of state and Treasury often having a major impact on policy. They can form part of a president’s inner circle alongside other key advisers.
As a collective group the Cabinet has very limited power, however, with a limited number of meetings taking place each year. Its main influence lies with key individuals in the Cabinet. Under the Obama presidency, John’Kerry as secretary of state took a central role in developing foreign policy alongside the president. He worked on the Israeli-Palestine peace accords, having visited 11 times in just over a year in 2013/14, as well as taking a key role on approaches to Syria.

Question 29

Relationship between cabinet and president

Answer 29

The Cabinet has no constitutional status that would allow it to control policy and it cannot claim any kind of national mandate with a right to govern. As such the president has the final say on executive policy, with Cabinet members serving at the president’s pleasure. Presidents may sideline individual members and seek advice and support from elsewhere. Often, advisers from EXOP (discussed below) who are closest to the president are the most influential figures. Much depends on the individual president, however. While Cabinet members have a great deal of authority, it is the president who can determine who to work with most closely.

Question 30

Significance of vice-presidents

Answer 30

The vice president is a case in point. While they are a member of the Cabinet, their main power lies with their ability to influence presidential thinking. The last three vice presidents - Pence, Biden and Cheney - have all been seen as influential members of the president’s inner circle. Biden said that he was ‘the last guy in the room’, suggesting a closeness to the president that others did not have. In addition, he was used to draft gun legislation, an issue that Obama felt strongly about.
The vice president has no guarantee of political influence, however. There is no constitutional requirement for a president to listen. Arguably the most significant constitutional role of the vice president is to be next in line to the president.

Question 31

Case study: Trump and the immigration ban

Answer 31

President Trump issued 32 executive orders in his first 100 days in office (Obama averaged 35 per year), many relating to trade and business reform, and environmental regulations. In 2017, he issued an executive order banning immigration from seven countries, arguing that this would limit terrorist threats to the US. There have been many conflicts within the executive branch over this issue. President Trump dismissed a member of the Cabinet, the US Attorney General Sally Yates, after she challenged his immigration ban. Yates, appointed by Barack Obama, instructed Justice Department lawyers not to enforce the president’s executive order.
Trump apparently sidelined the Defense and Homeland Security Departments when making a decision to create an executive order, with members of EXOP secretly consulting staffers on the House Judiciary committee to help create it. The order was signed by Trump with Secretary of Defense James Mattis, standing at Trump’s shoulder at the Pentagon, even though the Defense Department was not consulted on its contents. The executive order was halted by a federal judge after it was challenged over concerns regarding religious discrimination as well as green card holders who already have a legal right to enter the US.

Question 32

Presidential powers of persuasion and how have they varied

Answer 32

Another major presidential resource is the president themselves. Presidential personality and leadership skills are incredibly important for presidential success. Presidents have to draw on their political skills, land particularly their powers of persuasion, to achieve their policy goals. Presidents can use their position to attract media and congressional attention. The president’s position as the head of state and head of executive branch gives them high degrees of authority, allowing them to be persuasive. the personal ability of each president affects the extent to which they are successful persuaders of both Congress and the public. Different presidents have different natures or characteristics that influence their approach. President Trump’s aggressive approach can be contrasted with the more conciliatory style of Obama. Trump has been quick to denounce most people who oppose him, often in personal terms. After the failure to pass the American Health Care Act in March 2017, Trump threatened both Democrats and conservative Republicans in the Freedom Caucus saying that they should be removed in the 2018 mid-term elections.

Question 33

Richard Neustadt and the power to persuade

Answer 33

In 1960, in his book Presidential Power, Richard Neustadt suggested that presidential power is the power to persuade. This suggests that the president has extremely limited constitutional power to
enforce political change, unlike prime ministers in European democracies or dictatorshios. The president can ask Congress to accept his views, but has little power to back this up. Due to the separation of powers and checks and balances. Congress has the ability - and otten the will - to say no.

Question 34

Case study: Obama’s personal powers

Answer 34

There are different schools of thought about Obama’s presidency. Many critics argue that, while he had strong oratorical skills, he was not decisive or forceful enough in pushing his wn agenda. Obama’s governing style has been criticised for being too aloof, perfectionist and passive toward key issues, rather than pragmatic and commanding. Over the budget negotiations after budget shutdown in 2013, some (including Senator Bernie Sanders) complained that he was not taking charge. In this sense Obama could be accused of not being Presidential’ enough and forcing the two sides to form a compromise
Others suggest that Obama’s willingness to devolve responsibility to Congress for developing legislation was a better way to gain congressional support. Obama was merely reacting to hostile Congress with polarised parties. If Obama had been too aggressive, he might have achieved nothing other than irritating Congress. His willingness to compromise, even when he held a Democrat majority, helped him achieve some of his policy goals, such as health care, Where a more stubborn Bill Clinton failed.

Question 35

Sources of institutional presidential power

Answer 35

-Executive Office of the President:

-National Security Council

-Office of Management and Budget

-White House Office

Question 36

What are the Powers of Persuasion?

Answer 36

the informal power of the president to use the prestige of their job and other bargaining methods to get people to do as they wish

Question 37

What is the EXOP?

Answer 37

The president’s closest advisers are usually found in the EXOP - the general term for the presidential agencies and staff that provide advice and administrative support. The EXOP began in 1939, when the Brownlow Committee reported that the president was seriously understaffed and needed substantial administrative support. Since then EXOP has grown enormously, paralleling a huge increase in the size of the federal government, and now comprises more than 1800 people.

The EXOP is commonly referred to as the West Wing’ of the White House, which is home to the president’s Oval office and the offices of the closest advisers. However, the EXOP is actually housed in more than a dozen offices, in the West and East Wings and the Eisenhower building. Few Americans have heard of the members of EXOP, but they include some of the most powerful people in the United States.

Question 38

Roles of the EXOP (5)

Answer 38

-Policy advice
-Manage the president
-Oversee departments
-Relations with Congress
-Specialist functions

Question 39

Role of EXOP in policy advice

Answer 39

The EXOP consists of presidential (executive branch) agencies that provide advice, help, co-ordination and administrative support. For example, the OMB advises the president on mainly budgetary issues, while the NSC helps the president consider national security and foreign policy matters.

Question 40

Role of EXOP in managing the President

Answer 40

The chief of staff oversees the actions of the White House staff and manages the president’s schedule, deciding
who the president can meet and what policies to prioritise. The chief of staff is often called the gatekeeper, the
co-president’ or ‘the lightning conductor”

Question 41

Role of EXOP in overseeing departments

Answer 41

Some EXOP offices oversee different departments of state and agencies. Senior members of the EXOP are often
charged with taking control of Cabinet and government departments to make sure they follow presidential
priorities. Most obviously the OMB reviews the spending of all federal departments and agencies, and the director of national intelligence oversees the work of the intelligence agencies, such as the CIA and FBI.

Question 42

Role of EXOP regarding relations with Congress

Answer 42

Specialist advice and support in dealing with Congress is a critical part of the president’s success in achieving policy
goals. The Office of Legislative Affairs develops strategies to advance the president’s legislative initiatives. Recent Presidents have made use of their vice presidents who assume some of the responsibilities of the president or EXOP.

Question 43

Role of EXOP specialist functions

Answer 43

Some presidents have created offices with a specific mandate related to their special interests. For example, Obama sponsored the Office of Faith-based and Neighborhood Partnerships to work with community groups to end poverty, support women and children, and encourage fathers to remain in the home.

Question 44

Role of NCS

Answer 44

the NSC, established in 1947 at the beginning of the Cold War, is the principal body advising the president on national security and foreign policy issues. The workings of the NSC are somewhat secretive; however, the close proximity of the NSC office to the Oval office suggests strong levels
Tot influence.
the president gets a daily briefing from the NSC and consults the national security adviser (NSA) wer major security issues. The NSA’s role potentially puts them into conflict or rivalry with the secretary of state, who will not normally have such regular contact with the president.

Question 45

Evidence of President’s influence on NSC

Answer 45

Given the global importance of the US, the NSC and the NSA are incredibly important roles, as they help shape the president’s thinking on major issues. Even so, the president can bypass or lignore them. President Trump was heavily criticised for the politicisation of this office by including seve Bannon as senior counselor in the NSC, eventually removing him from this sensitive security osition. As a national security body, the Council is supposed to provide advice to the president based on its intelligence, and the inclusion of Bannon may distort this advice. Susan Rice, the brmer NSA, tweeted. ‘This is stone cold crazy. After a week of crazy.

Question 46

What is the Office of Management and Budget (OMB) and what are its functions?

Answer 46

-OMB is the largest office with 500 employees. It is the only EXOP office in which the head leds to be confirmed by the Senate. has two main functions:

•To advise the president on the allocation of funds for the annual budget

•To oversee spending in all federal departments and agencies.

Question 47

Importance of OMB and example

Answer 47

The OMB is another body that is critical to the president achieving their policy agenda. It makes macro-economic decisions that affect the future development of the US economy, and prepares the annual budget - a huge and complex document that enables the president to fund policy priorities. In 2015, the budget amounted to almost $4 trillion. In 2017, Mick Mulvaney, the head of the OMB, was given a central role in coordinating attempts to repeal Obamacare. Partly because of the huge financial implications he was seen to have a greater role than the health and human services secretary, Tom Price.

Question 48

White House Office (WHO)

Answer 48

The White House Office includes the president’s closest aides and advisers. Senior EXOP staff have the title ‘assistant to the president’. The head of the White House Office, the chief of staff, is usuall the president’s most important adviser, as they have an overview of all EXOP offices. They are the connection between presidential advisers, Cabinet officers and the president. In this role, the chief of staff must be flexible, open-minded and an ‘honest broker’ - someone who allows people with a variety of different perspectives and ideas to gain access to the president.

Question 49

Chief of Staff under Trump

Answer 49

In many ways Reince Priebus was a surprise pick for Trump’s position of chief of staff, given his position as chair of the Republican National Committee, as a Republican insider. On the other hand. Priebus gives President Trump a greater opportunity to make connections with senior Republican figures, increasing his chances of gaining congressional support.

Question 50

Weak Chiefs of Staff

Answer 50

Some chiefs of staff have struggled to play a major or effective role. Bill Daley was seen as a failure as Obama’s chief of staff. He struggled to gain command and respect of the West Wing, perhaps as a result of his hands-off style. He was criticised for giving too much ground to Republicans in budget negotiations. Denis McDonough prioritised improving Obama’s relationships with the Cabinet. He acted as a firefighter, dealing directly with the press in public-relations exercises, and he acted as a close confidante when Obama decided not to attack the Assad regime in Syria.

Question 51

Chief of staff under Biden

Answer 51

.

Question 52

How is the White House organised?

Answer 52

There are two main models of organisation that presidents use for the functioning of the White House.

• ‘Spokes in a wheel’ The president acts as the hub, and the advisers and Cabinet officials are the spokes. The president is available to a relatively wide range of advisers; most have permission to see the president. This typified the Clinton presidency; allowing him to take a hands-on approach and have greater control over policy. However, this made it difficult for Clinton to delegate details and focus on the bigger picture. Ultimately this model can be less efficient.

• Pyramid system A hierarchical system, with the president at the top. Only a few key advisers have direct access to the president; the chief of staff acts as the ultimate ‘gatekeeper’. Most presidents adopt this model, including Obama and Bush. Obama was sometimes accused of needing to understand too much policy detail. but he relied on an inner circle of advisers, maioly from the EXOP but also including the vice president and a few key Cabinet members.

Question 53

Areas of power relationship between President and Congress (3)

Answer 53

• the separation of powers and presidential-congressional relations
• agenda-setting and legislation
• votes and vetoes

Question 54

Reasons the separation of powers significantly limits the President (3)

Answer 54

•The President and Congress receive separate mandates, especially due to now the speaker’s mandate
•The President has limited patronage power over individual members of Congress
•There is a possibility of bipartisan control or divided government between president and Congress

Question 55

How does the President and Congress receiving separate mandates limit his power?

Answer 55

Both branches feel that they have the right to govern, which means Congress is likely to be an active legislative branch, unwilling to simply respond to presidential demands. Indeed Congress can often claim a stronger mandate, is House elections renew its mandate every two years. Congresspersons and Senators tend te vote according to their constituencies’ views, rather than the wishes of the president. They will be reluctant to toe the party line in the face of hostile constituency views.

Question 56

How does the President having limited patronage power over individual members of Congress limit his power?

Answer 56

Because the two branches are kept separate, the president does not work alongside a team within Congress, so cannot regularly promote or derote them. Unlike a British prime minister, the president will typically Choose a Cabinet that lasts for the full four years of their presidency. If a congressional member of their own party will not support presidential policy requests
there is little a president can do.

Question 57

How does the there being a possibility of bipartisan control or divided government between president and Congress limit his power?

Answer 57

It is common for the president to be controlled by one party, while at least one chamber of Congress is controlled by the other. The separation of powers creates the likelihood of conflicting agendas, where compromise is inevitable if either side is to achieve their policy goals.

Question 58

Why is President given more power in setting the agenda?

Answer 58

As a single executive office holder who is nationally elected, the president is in a stronger position than Congress to claim a national mandate to set the national policy agenda. This has become increasingly the case as radio and television have strengthened presidents’ mandates. In 2016, President Trump ran a national campaign, selling his ideas to the country based on his political agenda, including the repeal of the Affordable Care Act, immigration reform and infrastructure expenditure. The mandate received made it easier for Trump to ensure that Congress debated his political priorities in 2017 and beyond.

Agenda-setting is very important. It allows the president to act as the driving force of US politics.
This is re-enforced by the president’s position as both head of state and head of the government.
It is this aspect of power and decision-making that led to the description of the president as ‘Chief Legislator’ - the dominant force in the legislative process.

Question 59

How can the President practically dominate the setting of the agenda?

Answer 59

The president can dominate the agenda of US politics and can further influence legislation through veto power, signing a bill, speaking directly to Congress and meeting with individual members of the legislative body. The growth of the EXOP has helped the president to have high levels of authority, with access to arguably superior sources of information and advice. This has helped modern presidents to become the dominant force in the legislative process.

Question 60

Limits to the President’s power to set the agenda

Answer 60

It is increasingly common for Congress, under the direction of a powerful House speaker, to develop a set of policy priorities of its own. This is particularly the case when the opposing party to the president wins a mid-term election. Not just mandate but also dominates House Rules Comittee

Once legislation is underway, Congress can shape legislation in a way that a president cannot.
Congress amends legislation put before it, and can alter presidential proposals - even adding major aspects that the president does not support. The president has no such luxury. If presidents are to see their own legislation pass, they must accept such legislative compromises.

Question 61

Case study: Presidents Obama and Trump versus Congress in setting the agenda

Answer 61

In the 2010 mid-term elections, the Republican Party took control of the House of Representatives. This led to the new speaker, John Boehner, setting an alternative political agenda to the president’s, based on economic austerity and major budget cuts.
The rival agendas of president and Congress clashed, resulting in gridlock, leading to the federal government being shut down in 2013. There was no agreement on the budget and many federal offices were closed until agreement could be found. Obama eventually had to accept budgetary cuts he would not have otherwise proposed.
While Obama set a political agenda of immigration reform after the 2012 election, Congress did not have to accept this agenda. Speaker Boehner refused to debate the immigration reform package, even though it had been passed by the Senate with the president’s support.
In 2017, Trump struggled to pass the American Health Care Act through the House of Representatives, withdrawing the bill in March due to lack of congressional support. After much compromise and a shift to the right to please conservative Republicans, the bill narrowly passed the House in May 2017. This shows that, even when a president has a majority in Congress, he cannot easily achieve legislative success. Opposition came from both conservative Republicans in the Freedom Caucus (who felt that the law did not go far enough in removing insurance regulations and cutting the deficit) and moderate Republicans, some representing districts which voted for Clinton as president (who were concerned about the loss of health insurance coverage for many people, as well as the projected increase in premiums). Trump and Speaker Paul Ryan were able, eventually, to build a coalition of Republicans in the House. The bill then had to be sent to the Senate, where it faced even greater obstacles in succeeding due to the slim Republican majority there.

Question 62

Significance of President’s power to nominate SC justices

Answer 62

The president’s only formal power over the Supreme Court lies with nominations at a time of vacancy. This gives the president influence over the ideological balance of the Court. The nomination of Merrick Garland by President Obama in 2016 may have had a huge impact on the rulings of the Court. Before this, the Court had a 5-4 conservative majority but with the death of one of those five, a strong conservative, Antonin Scalia, Obama had the opportunity to tip the balance in favour of liberals. Another major tipping in the overall ideological balance of the Court occurred with the appointment in 1991 of conservative Justice Clarence Thomas to replace the devoutly liberal Thurgood Marshall.

Question 63

Why is the President’s SC nomination power limited?

Answer 63

The extent to which this gives power to an individual president is arguably very limited, however.
Most presidential appointments make little or no difference to the overall ideological balance of the Court. This is partly because justices choose when to retire and typically do so when they are deologically aligned with the current president.

It is difficult to see these appointments as a significant limit on the Supreme Court. Presidents may influence the composition, but they have virtually no influence over any one of the nine justices who make a decision, including the ones they have appointed. Justices have life tenure, so the fresident can make no threat of removal against them. Also, most presidents only make one or two appointments, with limited overall impact during their presidency.

Question 64

Have Presidents respected SC rulings?

Answer 64

The role of the presidency is to defend the law and the Constitution, which means executing Supreme Court decisions. Presidents sometimes give a hostile response to Court rulings, however.
Obama criticised the Court for its Citizens United ruling, while many of them sat in the audience of Nis 2010 State of the Union address. More controversially, there have been some occasions when Presidents have challenged the legitimacy of a Court ruling and attempted to undermine it. Trump mediately clashed with the judiciary in 2017, attacking the judge who halted his immigration ban. eferring to District Judge Robart as a ‘so called Judge,’ Trump instructed the US public to blame he judge if anything went wrong. Even Senior Republicans such as Mitch McConnell were critical of lump’s approach.

Nancy Pelosi called SC extreme and having dark agenda after overturn of Roe v Wade

Question 65

Factors affecting level of power a President has (4)

Answer 65

-Events
-Popularity/mandate
-Presidential election cycles and the lame duck, mid-terms
-Constitutional limits

Style
Foreign or domestic

Question 66

How does popularity affect the President’s power?

Answer 66

A well-supported president is likely to receive less resistance from Congress than an unpopular one, Presidential popularity and/or the popularity of their key policies often decline over the term of a presidency. Where this is the case it makes it more difficult for a president to persuade Congress to support their measures.

Question 67

How can events affect the President’s power?

Answer 67

A president can be strongly affected by major events that they may be unable to control. Natural disasters, acts of terrorism, war and economic crisis have all affected presidential power. Different events have different effects and can be positive or negative for presidential power. President Bush experienced a huge increase in his power after 9/11. On the other hand, the Iraq War and the failure to find the ‘weapons of mass destruction’ that formed the basis for going to war increasingly led to reductions in the power of President Bush, with increased resistance from Congress and the public. In addition, mid-term elections and subsequent presidential elections often alter presidential
power.

Question 68

How do the election cycle and divided government affect the President’s power?

Answer 68

Presidential power is also affected by both mid-term elections and the next set of presidential elections.

•Mid-term elections: Congressional elections in the middle of a president’s term typically bring
defeat to the president’s party, wich may lose seats and even their overall maiority in one or more chambers of congress. As a result, presidents often experience a decline in power mid-way through their term. The presidential party of Clinton, Bush and Obama all lost its overall majority in Congress during a mid-term election.

•Lame duck presidency: With presidents being elected in November but not replacing the incumbent president until January, the president in office finds it difficult to achieve policy goals.
Politicians and the public often focus on the new president and their policy agenda. The term ‘lame duck presidency’ has been applied to the period before the election, especially in a president’s final term when there is a great deal of focus on the presidential elections

Question 69

How can the SC regulate the President’s power?

Answer 69

The written, entrenched and sovereign Constitution aims to place stringent limits on presidential action in a variety of wavs.
This section begins with an exploration of how the president can be influential over the Supreme Court. However, presidents are strongly limited by the Supreme Court, which can and does uphold constitutional rules against them. Presidents typically lose supreme court cases in every year of
then presidency.
There is an array of constitutional regulations on presidential power. Some rules are so clear that his unlikely any president would break them - for example. the maximum two-term rule or the ratification of justices by the Senate. In other cases, the Supreme Court can use its considerable power of judicial review to overturn either the actions of the president or the president’s tavoured policies.

Question 70

What is Judicial review?

Answer 70

the ability of the Supreme
court to review the actions or laws of any other body (including president,
Congress and state) and overturn those actions if
the preak the constitution

Question 71

Considerations when assessing whether Presidents have achieved their goals (4)

Answer 71

1. Using the separation of powers and strong checks and balances on presidential power, the Us Constitution deliberately restricts the ability of the president to achieve their aims. If presidents achieve their policy goals, they are often required to make major compromises.
2. The rise of partisanship has had a major impact on the effectiveness of presidents. When Presidents govern under divided government, the opposing majority in Congress makes it even more difficult to achieve policy goals (compared to an era when party unity was lower). This has let to legislative gridlock with presidents struggling to reach their desired goals.
3. There is arguably a distinction between foreign policy (where the president is more easily able to achieve policy goals) and domestic policy (where he/she is not). This is addressed in detail below.
4. Presidents may bypass constitutional checks and balances using the tools of the imperial presidency, which is the subject of the next section.

Looking at the aims and achievements, as well as the failures, of the Clinton, Bush and Obama presidencies helps to illustrate these four points

Question 72

Clinton aims and success

Answer 72

•Clinton is viewed as a very moderate Democrat, allowing him to gain support from some Republicans and independents but causing some on the progressive left of the party to be concerned about his centrist policies.
•Reducing budget deficit: This could be seen as a major success of the Clinton presidency, given that deficits have occurred in virtually every year since 1945. On the other hand, others would see this as the success of the Republican-led Congress in which Speaker Newt Gingrich helped cause budget shutdown as part of a battle to further reduce government expenditure.
• Health Care Reform: This bill was similar to the one eventually passed under Obama, with Clinton failing to get his priorities passed despite a clear mandate for the policy when he was elected in 1992 and a Democratic majority in both chambers of Congress
• Greater gun control: Clinton supported this during the 1992 election campaign and supported the Brady Bill which he signed, creating background checks and waiting periods for gun
purchases
• Greater protection for civil rights: Clinton advocated the end of the ban on lesbian and gay soldiers in the military during the 1992 campaign. Facing strong opposition from the military as well as some Republicans, he passed a compromise policy known as Don’t Ask Don’t Tell, which effectively ended the ban. It was criticised by progressive Democrats and gay rights groups because it was not an’absolute end to the ban but a requirement that military officers did not
investigate someone’s sexualitv
•Foreign policy: Clinton became president at the end of the Cold War and had to find a new policy approach. He emphasised a stronger moral dimension to foreign policy, arguing for US involvement in Bosnia, Rwanda and Somalia to prevent civil war and genocide. Clinton struggled to achieve these aims and had to issue an executive order to launch airstrikes in Bosnia after congressional opposition. Congress also forced Clinton to withdraw troops from Somalia.

Question 73

Bush’s aims and success

Answer 73

•Bush was elected as a ‘compassionate conservative, attempting to take the centre ground in the 2000 election.
• Major tax cuts: Bush successfully steered his budget plan through Congress, although it required Vice President Cheney’s vote to overcome a Senate tie. This led to major reductions in tax, mainly for the wealthy.
•Commitment to public education: Bush successfully passed the No Child Left Behind Act, imposin federal standards of education on states. This was criticised by some Republicans as evidence of Bush’s lack of conservative credentials, as he increased federal intervention in state policy.
•Social security reform: Bush attempted to reform social insurance for the elderly, describing the existing system as ‘heading for bankruptcy: His plans, including the idea of privatising this provision, were controversial among Democrats and Republicans and failed to make progress in Congress.
•9/11 and ‘war on terror 9/11 is the defining moment of the Bush presidency, helping him to increase his power hugely and set a ‘war on terror agenda’. This led to the easy passage of votes to begin the Iraq War, create the Homeland Security Department and introduce the Patriot Act, which led to an increase in security powers, including mass surveillance of internet/phone
communications. It also led to an executive order to create Guantanamo Bay detention centre.
The events of 9/11 helped Bush to increase the Republican share of seats in Congress. The war on terror moved Bush away from fiscal conservatism with huge increases in federal expenditure.

Question 74

Obama’s aims and success

Answer 74

Introduce health insurance for all (2008 campaign):
Partially achieved with the passing of the Affordable Care Act. Obama
compromised on the public option, dropping his desire for a federal health insurance company to compete in the marketplace.

Close Guantanamo detention centre (2008 and 2012 campaigns):

Failed. At the end of the Obama presidency, Guantanamo still held 41 people. The number did decline hugely however, with 242 detainees at the start of the presidency and 197 being transferred, repatriated or resettled by January 2017.

Remove US troops from Iraq and increase US involvement in Afghanistan (2008 campaign):

Largely achieved with troops being removed from Iraq, and Congress agreeing to a troop surge in Afghanistan in Obama’s first term.

Stimulus package for the economy (2008 campaign):

Achieved with legislation being passed in 2009 that led to additional spending of $787 billion.

Immigration reform to allow more people to have a path to citizenship (2008 and 2012 campaigns)

Failed to pass Congress in the first and second terms. Obama had partial success using executive orders to achieve some of his goals, although some of these were struck down by the Supreme Court.

Question 75

Trump aims and success

Answer 75

.

Question 76

Biden aims and success

Answer 76

.

Question 77

What is the ‘Imperial Presidency’?

Answer 77

An imperial presidency is one in which the president stretches the Constitution in the exercise of constitutional roles, such as chief executive and commander in chief, and may ignore the wishes
d Congress.
The term ‘imperial presidency’ was used by Arthur Schlesinger Jr in 1973, when he attacked what he viewed as the unconstitutional extension of executive power under President Nixon. Schlesinger agues that presidents wield huge amounts of power with little or no constraints. In particular, he suggests a failure of the constitutional restrictions to restrain the presidency.

Question 78

What is the Presidential ‘toolkit’?

Answer 78

Successive presidents have acquired powers that go beyond the intended checks imposed by the founding Fathers, or such regulations fall to operate. The president can evade constitutional regulations, using a ‘toolkit’ of methods to exert huge power.

Question 79

What is an executive order?

Answer 79

The president can instruct the executive branch to carry out/not carry out certain Matices without consulting Congress. This could be seen as effectively creating new policy without the need for a congressional vote.

Question 80

Examples of executive orders

Answer 80

Immigration, including Obama policies on DAPA and DACA and Trump’s 2017 executive order banning immigration from seven specified countries. In 2001 Bush signed an executive order that allowed the creation of military tribunals in language that covered the detention, treatment and trial of non-US citizens involved in terrorism, leading to the creation of the Guantanamo detention camp.

Question 81

Limits of executive orders

Answer 81

The scope of these orders is limited. In theory the president cannot pass new laws but only enforce existing ones or use his/her power to govern the executive branch. Obama’s planned extension of DAPA and DACA was halted by a Court ruling in 2016, as was Trump’s immigration executive order in 2017.

Question 82

What is the President’s signing of a statement?

Answer 82

A statement written and signed by the president at the same time as signing a piece of legislation. When signing a bill the president may state that they will not enforce certain sections (for example, because they deem them to be unconstitutional). This gives the president the power to effectively hold a line-item veto, allowing them to strike out individual lines of a bill. The Supreme Court has declared the line-item veto unconstitutional in Clinton v New York 1998, stating that a president can either accept or reject a whole bill only. Many signing statements (or parts of them) have limited constitutional significance.

Question 83

Example of President signing statement

Answer 83

In 2014, Obama signed the National Defense Authorization Act, which contained a clause requiring the defense secretary to notify congressional committees at least 30 days before moving someone from Guantanamo Bay. Obama issued a signing statement rejecting congressional authority here. Obama did not comply with the act when he secretly traded a captured US soldier, Bowe Bergdahl, for five Taliban members detained at Guantanamo.

Question 84

Limits to President’s signing of statement

Answer 84

The president can issue such words but may find it difficult to actually bring about any change. For most laws, such as budget agreements, there is little a president can do with a signing statement. Also, a signing statement is only words on a page. Congress may insist on the laws it has passed, and the Supreme Court could force the president to follow the intentions of congressional law. Future (and current) presidents are not obliged to follow suit. Obama signed a statement saying he would not use drone strikes to kill US citizens in the US, even though he signed a law permitting it. There is no reason why President Trump needs to follow this interpretation of the law in existence.

Question 85

What is an executive agreement?

Answer 85

A piece of constitutional magic conjured up by the president in making an agreement with another country. This agreement does not require Senate ratification. This could be seen as replacing treaties and allowing the president to bypass traditional constitutional relations to achieve foreign policy goals. It is the president who decides what is a treaty and what is simply an agreement’

Question 86

Example of executive agreements

Answer 86

Obama’s Iran deal in 2015, agreeing on lifting some trade embargoes and freezing Iranian assets in return for Iranian efforts to end their aims to be a military nuclear power; 2015 China environment deal, negotiated in secret, agreeing to US and Chinese attempts to reduce
CO, emissions.

Question 87

Limits to executive agreements

Answer 87

An executive agreement is only an agreement with the incumbent president, not withthe US government in general. In theory, it could be ignored by future presidents, although there could be legal and political complications. Any agreement is arguably unconstitutional. In 2015, Senators wrote an open letter to lran saying they did not recognise the Iran deal as having, any force in US law.

Question 88

What are the President’s unilateral war powers?

Answer 88

Presidents have made military decisions without consulting Congress - something. that has become increasingly important since the Second World War, marking a major change in bresidential power. The requirement for greater speed, secrecy and expertise in decision-making has allowed the president increasingly to take control of military and security policy. Ordering military action without consultation or consent from Congress can be seen as bypassing key requirements of the Constitution.

Question 89

Example of President’s unilateral war powers

Answer 89

Libya 2011, when Obama ordered air strikes - without consulting Congress - helping to destabilise the Libyan government.

Question 90

Limits to President’s unilateral war powers

Answer 90

Presidents are particularly powerful over short-term action; longer term action is more easily regulated by Congress using the War Powers Act or funding restrictions. The president may he heavily limited by strong public opposition, a consideration that may have held Obama back wer what appeared to be his inevitable orders to attack the Syrian Assad regime.

Question 91

Parts of the President’s toolkit to evade constitutional regulations (5)

Answer 91

-Vetos?
-Executive orders
-Executive agreements
-Signing statement
-Unilateral war powers

Question 92

What is the idea of the Imperilled Presidency?

Answer 92

Definition: a presidency where the president does not have enough power to be effective, particularly because of complexity or direct resistance in the executive branch - the opposite to an imperial presidency.

The theory of the imperilled presidency suggests that the president is not simply restricted, but is the holder of a weak office, without sufficient power. This contrasting theory to that of an imperial presidency was put forward by former President Gerald Ford. He found that the federal pureaucracy was too big to manage effectively, and complained of the president’s lack of control over an increasingly complex executive branch.
The phrase has since been adapted to argue that there are excessive limitations on presidential cower, which cause ineffectual political leadership. The rise of polarised parties could be applied to this idea, with a recalcitrant Republican Party proving unwilling to co-operate and compromise with alected Democrat presidents, such as Obama.

Question 93

What is the ‘dual presidency’ theory?

Answer 93

foreign policy is arguably an exceptional area in which the president can dominate, evading (institutional limitations. This is an idea developed in the ‘dual presidency’ theory put forward vildavsky during the Cold War. Wildavsky analyses presidential power by considering that the President has two major concerns: domestic and foreign policy. He argues that presidents prefer sfocus on foreign policy because the US political system gives them greater control in this area.
Is gives rise to the idea that there are effectively two presidents: a foreign policy president who powerful, with strong ability to achieve their policy goals, and a domestic policy president who is severely constrained.

Question 94

Areas in which presidential advantage in foreign policy can be examined (3)

Answer 94

Constitutional
Political
Practical

Question 95

Constitutional advantages for President regarding foreign policy

Answer 95

The Constitution gives the president significant foreign policy powers that might enable them to dominate policy in this area, especially in overcoming potential checks from Congress. In particular, the commander in chief role gives the president huge constitutional authority over military policy. Presidents have used this to act unilaterally, initiating military action without a congressional vote. Evidence of this can be seen in Obama’s actions in Libya in 2011 as well as strikes in Iraq and Syria in the fight against Islamic State. With legal attempts to limit the president in this area failing, it appears that presidents can initiate military action at will The president’s position as head of state and chief diplomat allows them, rather than Congress. to conduct foreign relations with other countries. International co-operation (or conflict) and formal agreements with other states in the form of treaties are all in the hands of the president Obama and his team worked with countries such as Iran, China and Cuba without congressional leaders. Again the president appears to be the driving force in these aspects of foreign policy.
Presidents can use executive agreements to bypass traditiona constitutiona restrictions. In terms of foreign policy, presidents can ignore the requirement for Senate ratification of treaties. often with much anger from Congress. Presidents are, therefore, in a powerful position to achieve foreign policy goals.

Question 96

Constitutional limits for President regarding foreign policy

Answer 96

Congress holds a number of important constitutional powers that can restrict the president. Firstly, the Constitution gives Congress the power to declare war there is an apparent constitutional ambiguity, which has led to a major constitutional dispute.
Who has the right to initiate military action - president or Congress? In practice, presidents have committed military action without a congressional vote. On the other hand, there are instances when presidents have deferred to congressional authority by putting proposed attacks to a vote of both legislative chambers. This was the case with the Iraq War in 2003, when President George W. Bush requested and was given approval for military action. In 1973, Congress tried to clarify the situation and assert its constitutional control by passing the War Powers Resolution, which arguably further restricts the president. Congress also has funding power, which it can use to control miltary action. By refusing to fUnd (or even by defunding), Congress could prevent action abroad. When Clinton took executive action in Bosnia despite protests from Congress, the House voted to withdraw funding for the
conflict in 1995, a measure that was only narrowly defeated.

Finally, the Senate has the power to ratify treaties, which can restrict presidential goals. In 1999, the Senate easily defeated the Comprehensive Test Ban Treaty on nuclear weapons, with Clinton failing to get the two-thirds of votes needed. A UN disability-rights treaty was also rejected by the Senate in 2012, despite Obama signing the treaty in 2009 and campaigning heavily for it.

Question 97

What is 1973 The War Powers Act?

Answer 97

In order to clarify presidential congressional relations and to stop Nixon continuing the war in Vietnam, Laos and Cambodia, Congress passed the War Powers Resolution in 1973. This became the War Powers Act 1973 alter Nixons veto was overturned. The act stated the president can only commit troops in what it describes as hostilities abroad with congressional approval unless there is a nationa emergency. Congress has the right to withdraw troops, and the president must withdraw troops afte 60 davs of notilving Conoress of the start of hostilities if Conoress has not voted to approve militar action. Clinton was forced to withdraw troops from Somalia lin a militar intervention initiated by the previous president, George H.W: Bush, to prevent genocide in a brutal civil war?. Congressional pressure from both parties ended US involvement in 1994
However, the War Powers Aet has been largely unsuccessful in preventing presidential action.
Prosidents have asserted that it has no constitutional authority and restricts the president’s constitutional duties. Some have argued that the act itself means that Congress has ceded ground to the president compared to the intentions of the Foundino Fathers, allowing the president 60 days to complete short-term military action without the need to consult Congress. There have also been cases of military action where presidents (and their lawvers) have stated that the War Powers Aet does not apply: To the dismay of congressional leaders, Obama denied that his Libya actions could be limited by the net. The White House sent a 38-page letter to Congress explaining whe the Libya actions did not cover the sort of hostilities referred to in the act, stating: ‘US operations do not involve sustained fighting or active exchanges of fire with hostile forces. nor do they involve US ground troops.

Question 98

Polítical advantages for President regarding foreign policy

Answer 98

The president, with a national mandate, is arguably best placed to make decisions for the whole US. As the only nationally elected body, the presidency has more authority than individual members of Congress. As a result of this and of the president’s constitutional prowess, US citizens tend to look to the president, not Congress, for foreign-policy initiatives. Congress is, therefore, arguably a more passive institution in this area and at times defers to the president. This might be seen in former Speaker John Boehner’s response to Obama’s campaign to overthrow Libyan leader Muammar Gaddaf in 2011.
Boehner wrote a strongly worded letter to Obama asking him to answer key questions, stating:
I respect your authority as commander in chief and support our troops as they carry out their
mission. nis is clearly not a signinicant attemot to invoke constitutional contro over these
actions, although later Boehner did propose a resolution to end US involvement.
When congressional leaders have attempted to take control of foreign policy they have often received widespread criticism for usurping the traditional roles of the president. House Speaker Nancy Pelosi was strongly criticised for her decision to visit President Assad in Syria in 2007.
Speaker tonn Boenner’s decision to invite Israeli Prime Minister Netanyahu to speak before a joint session of Congress was seen by many as overstepping his authority, with criticism even from some US Jewish lobby groups.

Question 99

Polítical limits for President regarding foreign policy

Answer 99

Congress may feel that it has a legitimate right to determine US foreign policy on behalf of US citizens as an elected body. Congress has a collective national mandate but, more importantly, the separation of powers encourages individual members of Congress lo respond to constituency views. If the public in a state or district oppose presidential foreign policy goals, members of Congress are likely to challenge them. This can be seen in the Democrat attempts to end the lag War after the mid-term election of 2006, in which Nancy Pelosi and Harry Reid created legislation that gave a timeline for troop withdrawal. Far from being inactive, Congress can and will challenge presidential policy. This is likely to be particularly in evidence under situations of divided government, where the president faces a hostile majority in Congress.

Question 100

Practical advantages for President regarding foreign policy

Answer 100

It can be argued that changes in practical considerations have led to huge surge in the president’s control of military policy in recent years. Changes in technology have fundamentally altered the power relationship between president and Congress. As war has tecome faster and more deadly, in a way that was unimaginable at the start of the 20th century, the public and Congress have put more faith in presidential decision-making.
Nuclear weapons, fighter jets, drone strikes, satellites and computer technology all require decisions to be made with greater speed, secrecy and expertise. The office of the presidency is far more suited to these requirements than Congress. The rise of the EXOP, and especially the national Security Council, gives the president a key advantage over Congress: the president holds critical information that is classified. Congress is often in a position where it has to trust the president. This can be seen with the lag War in 2003, in which Bush sought congressional approval while telling them of the imminent dangers of Saddam Hussein’s use of weapons of (nass destruction’? Many members of Congress, including Senator Hillary Clinton, were extremely skeptical of the case for war, but still voted for it.

Question 101

Practical limits for President regarding foreign policy

Answer 101

Much depends on the type of foreign policy being conducted. The president cannot claim the need for speed and secrecy in all cases. Attacks on Libya, Syria, Bosnia or Somalia could be placed in this category, where it is arguably militarily acceptable to consult Congress. Nor do these advantages apply to other aspects of foreign policy, such as treaty-making and trade deals. Furthermore, Congress has its own expertise in foreign affairs, which helps it to question the authority of the president. The US Senate Committee on Foreign Relations has included many Senators with huge experience of foreign policy, such as joe Biden and John Kerry, who arguably had greater knowledge than the presidents they were checking. Closed sessions of Congress also allow congressional committees to receive sensitive information in which they can challenge executive action. Committees such as the House Intelligence Committee often have such closed sessions.