The US Presidency Flashcards

1
Q

Power on persuasion

A

Theorised by Neustadt
Presi held back by checks and balances, making it difficult to work effectively

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2
Q

Imperial presidency

A

Coined by Schlesinger
Refers to Court of Presidency, like an emperor
Very common to ref this after Nixon

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3
Q

Roles of the president

A

Head of state
Chief diplomat
Chief legislator
Commander in chief
Chief executive

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4
Q

Powers of the president

A

Propose legislation (state of union)
Submit annual budget
Sign legislation into law
Veto legislation passed by Congress
Act as chief executive to federal bureaucracy
Nominations
Commander in chief
Negotiate treaties
Power of pardon
Ensure laws are faithfully executed

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5
Q

Enumerated power (EP): commander in chief

A

Constitutionally head of army and navy. Unclear on extent of these powers. A2 S2
e.g Biden withdrawing US troops in Afghanistan 2021

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6
Q

EP: negotiate treaties

A

With consent of senate can create treaties with other nations. Formal treaties require negotiation by presi and 2/3 approval in Senate. A2 S2.
New START 2010 Obama

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7
Q

EP: State of union address

A

A2 S3: Annual address delivered by presi in Congress outlining his legislative agenda for the year
Clinton-healthcare reform 1994, failed to pass Congress

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8
Q

EP: Appt ambassadors, judges and officers of the US

A

A2 S2-power to appoint 4000 officials w/ roughly 1200 needing Senate confirmation
Trump nominated 3 SC-Gorsuch, Kavanaugh, Coney Barrat

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9
Q

EP: Recess appointments

A

A2 S2-temp appts w/o Senate approval during recess
Bush-171 e.g Bolton to US ambassador role

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10
Q

EP: Power of pardon

A

A2 S2-forgive person of federal crime, erasing from their criminal record
Obama-Chelsea Manning

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11
Q

EP: Chief executive to federal bureaucracy

A

A2 S1-executive power vested in presi. To carry out role, they control federal bureaucracy
Trump, Obama etc

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12
Q

EP: Sign leg into law

A

A2 S3-ability to sign bill into law
Bush-No Child Left Behind Act 2002

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13
Q

EP: veto leg

A

A2 S3-ability to send bill back to Congress with objections
Bush-12 vetoes, 4 overriden

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14
Q

Increasing role of the president

A

Most obviously national pol institution, acting as symbol of nation. Act quickly and decisively in times of crisis
Only nationally elected politician and can therefore claim a mandate like no other
Media amplified focus onto pol leaders and less on policy

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15
Q

Roles

A

Head of state
Chief leg
Chief diplomat
Commander in chief
Party leader
Head of govt

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16
Q

Informal sources of power

A

Executive power can be exercised through executive orders, presi memoranda, presi proclamations, national security directives, impoundment, signing statements (implied)

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17
Q

Executive orders

A

Issued to offers of executive branch, req them to take or stop taking an action;alter existing laws;change management practises;accept delegation of authority
Published in federal register and numbered
Legal authority (subject to challenge)
Can carry the weight of a law without consultation or perm of Congress
New presi can elim previous presi orders
Powerful tool but can be limited-Congress can pass laws that override, SC strike downs
Biden in first 3d issued 30, many of which reversed Trumps policies like the travel ban, COVID and wall

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18
Q

Executive powers

A

Quick in emergency situ
Pay debts to imp groups w.o committing many resources
Dont attract much attention
Signing statements prevent vetoes of complex/end of session leg
Contribute to accumulation of power of executive
Make it more dif for successors to govern
Undermine existing admin law procedures
East for next admin to undo
Closed policy-making process=bad policy?

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19
Q

Presi memeoranda

A

Pronouncement directed to executive branch officials
No publication in federal register
Below radar of media

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20
Q

Presi proclamations

A

States a condition, declares law and req obedience or rec an event
Binding on the public
Published in federal register

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21
Q

National security directives

A

Formal declaration to an agency or dept head of a presi NS decision, req follow up
Designed at NSC
Not published
Mostly classified
Probs w/ small group dynamics, Congress exclusion

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22
Q

Impoundment

A

Presi refuses to spend funds appropriated by Congress
Congress restricted this practise (74,78)
He can only defer if:
A special contingency
Achieve savings thru more efficient ops
Can only propose to perm rescind funds but Congress must approve w/in 45d

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23
Q

Signing statements

A

Traditionally innocuous
Since 80s, provide presi interpretation of a law, announce consi limits on implementation of it, or indicate directions how to admin it
Since 86 part of official leg history
Used as defacto line item veto (can ignore lines of it)
Until Reagan, only 75 issued. Regan, Bush, Clinton issued 247 among them
2006-American bar association stated using them to modify meaning of laws undermine rule of law and sep of power
Not mentioned in consi that he can alter meaning of law

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24
Q

Electoral mandate

A

Some presi have less of a mandate-win electoral college but not pop vote. Don’t have people’s mandate
If you have both you have a national mandate
e.g Trump 2016 lost pop vote, won EC

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25
Vice president
Elected alongside presi in joint ticket system (stand on same platform, strive for balanced ticket) Presiding officer of senate, rarely performed but mainly vote to break Senate deadlock e.g Cheney Counts and announces results of EC votes. Some announce own succession to presidency, some announce own defeat First in line of succession-if presi dies, impeached or resigns the VP becomes presi. Acting president-if presi incapacitated for short time VP assumes role of acting president. Typically been for medical procedures
26
Increasing powers of VP
Ever since Presi Eisenhower, VP become breeding ground for future presi. Presi gives more responsibility and some become advisors directly to Presi. See daily intelligence briefings, and all have an office in the West Wing Major fundraiser, gen campaign money for presi or party Play washington insider-guide presi never elected to congress who may have served as state governor previously.
27
Cabinet
Meeting chaired by presi, all dept heads eg VP, secretary of state/defence No consi req for 1 Cabinet secretaries appt by presi, confirmed by Senate Meetings vary by pres-since white house expanded, meet less freq. More common for presi to meet w/ cabinet secretaries alongside advisors indy Serve at pleasure of presi, can be moved on by presi easily. May also ordain/est new cabinet depts e.g Bush Homeland security
28
Cabinet rank officials
Several members have right to attend meetings but not officially part of cabinet e.g OMB director, UN ambassador Positions not seen as privilege in same way as UK-not formally inc in patronage powers Promise of post won't inspire member of Congress to vote along party lines to maintain loyalty as 1 in UK would be
29
EXOP
Formed in present in carnation 1939, decreed presi needs held. Arose from results of Brownlow committee Flexible, few positions req senate confirmation Fluid-adapt to presi style Dif to pin down no of staff Office headed by White House Chief of Staff
30
NSC
Main body used by presi for formation of foreign policy and national security. Formed by presi, VP, secretary of state/defence and NS advisor. Military advisors and intelligence advisors participate reg
31
White House Office
Headed by chief of staff Assistants of presi, who oversee policy, pol matters and work to protect presi interests. No senate confirmation for roles
32
OMB
Largest dept, produce budget Oversee all financial aspects of implementation of presi agenda Assess effectiveness of govt programmes Director confirmed by Senate vote
33
Supreme Court
Consi-nom justices. Senate approves Vacancy occurs->advice->nom->fbi background checks->senate hearings+confirmation Vacancy=death, retirement, impeachment Search for replacement from lower courts, executive branch, leg branch or academia Presi max terms 8 years whilst SC for life. Many outlive presi politically and in life Seek to appt someone similar ideologically to extend their political agenda beyond presidency e.g Trump 3 con justices Seak to leave SC as echo chamber of administrations past to shape future Relationship can play out when SCOTUS undertakes role as guardian of constitution
34
US v Nixon 1974
Presi not above law, cannot use executive privilege as excuse to withold evidence in criminal trials
35
Bush v Gore 2000
5-4. Manually recounting indy precinct would violate equal protection clause of Consi as dif standards of counting would be in op State wide recounting not practicable by Dec 12 deadline and to extend this would undermine Florida state election code and consi allowed florida state leg to determine how it ran federal elections
36
Texas v US 2016
upheld a texas challenge to Obama's DAPA executive order
37
What is the presi trying to get congress to do?
Pass their leg proposals Sustain their vetoes Confirm their executive and judicial appts (Senate only) Ratify any treaties they negotiate (Senate only) Agree their proposed budget
38
Why does presi need to persuade Congress?
Almost every power held bny Presi checked by congress-he/she needs their agreement e.g propose leg-amend or block leg Presi party may only control one house or none Members of congress have other loyalties (their constituents, lobby groups) Pol parties not as unified as UK Members of Congress elected sep from presi President has few ways to incentivise or disincentivise members of congress
39
How does presi get congressional support?
Phone calls to members of congress to directly request their support Offers to support legislation that is imp to members Invitations to White House (Social or pol) Campaign for them (only for members of presi own party) Go on TV to appeal directly to voters and ask them to contact their members of congress Bully pulpit e.g Obama in rose garden before launching DACA
40
Who is the president aided by?
VP Office of Leg affairs Cabinet members Party leadership
41
Why is Power of persuasion crucial in Congress?
Presi can do little with Congress as checks and balances stop presi becoming too powerful. FFs wanted co-op and compromise between each of the two branches, if this isn't achieved, gridlock occurs. Power of persuasion crucial
42
What supports Neustadt's power of persuasion theory in Congress?
Neustadt-presi power mearly power to persuade Presi cannot reward loyal members of their parties w/ cabinet posts as in US not seen as a reward down to sep of powers Lacks any formal honours system that the presi can use to reward loyalty to party or presi agenda. Lacks house of lords to elevate those congressmen who have done well Presi de facto leader of the party yet they cannot remove the whip from troublesome congress members Presi doen't have anything to entice party members to vote the way they would like
43
How does power of persuasion work in Congress? 1
Use VP e.g send them to fundraising dinners for congressmen, visits to states or as a negotiator for the administration Use EOP to persuade congressmen to advance presi agenda on 'the Hill'. Typically done thru office of leg affairs. Similarly, presi could appeal directly to the party leadership who might be able to assist in getting agenda thru Congress Appeal to public to try and build pop support for measure in an attempt to persuade Congress into action. If all else fails, presi may intervene personally to persuade congressmen to co-op. Could be done with phone calls, visits to oval office, presi campaign stops or even a ride in air force one
44
How does power of persuasion work in Congress? 2
Appeal directly and morally to Congress e.g obama 2013 over need for military action in Syria. White house-bully pulpit e.g Obama call for gun control 2015 Use personal gravitas and charisma thru direct contact with those in Congress as can members of presi staff. e.g Trump sent aide Conway to speak to congressional whips on number of occasions Short electoral cycle could aid presi who can offer promises or assurances that will work well at ballot box. Obama promised to limit military intervention over Syria and not to put boots on the ground Noted that presi pop and mandate can impact upon how effective these moves are
45
Successful powers of persuasion
Obama campaigned on healthcare reform throughout 2008 elections. Gained clear electoral mandate in election. Obamacare passed 2010 (quite a feat given how slow Congress is). Obama acted in a bipartisan way-appealing to Rep. Held healthcare summits at White House. Democrats, who controlled both houses, wanted some of reflected glory
46
Unsuccessful powers of persuasion
Trump campaigned on repealing Obamacare. Rep controlled both houses. Yet 'repeal and replace' failed to pass into law. Trump had lower electoral mandate. Meant Reps were less likely to work with him. Trump's approval ratings consistently low (the lowest in history after one year). Reps were less united behind him. Lacked persuasive skills to convince them.
47
Limit: Congress
Checks and balances that Congress hold over the president are sig Amend, delay or reject legislative proposals, override vetoes, amend budget proposals, check commander-in-chief power and power of the purse, refuse treaties, refuse appointments and impeachment
48
Limit: SC
Declare acts of presidents unconsi such as 2004 Bush vs Rasul ruling that detainees at Guantanamo Bay did have access to federal courts
49
Limit: public opinion
e.g Bush started with 51% rating, moving up to 86^. By 2002 mid terms he had highest rating ever however began to fall and by 2008 down to 30% and sometimes lower
50
Limit: pressure group
Mobilise public opinion either for or against president or his policies e.g Clinton 1993-94 with healthcare reforms, health insurance association of america launched series of commercials that really damaged the proposals. e.g Democrats unable to intro gun control. Most successful was Clinton with 10 year ban on assault weapons 1994-2004. NRA
51
Limit: Media
24 hour news cycle. Media report and can limit what a president can do such as Johnson in Vietnam where media released images of casualties. Changed nature of war reporting e.g Afghanistan withdrawal 2021 Trump-twitter Obamacare negative coverage
52
Limit: federal bureacracy
1 person-getting around 3mn employees a challenge.
53
Limit@ state governments
Reliant upon state govts to enact his policies 10th amendment-any power remaining defaults to state If state govt doesn't like it it can be a constraint e.g Biden pro-choice but doesn't control SC and 10th amendment
54
What can affect effective control of the bureaucracy?
Bureaucracy has expertise and experience in areas of op which is unlikely to be matched by politicians/advisors. Own interests don't coincide with national masters Divided loyalties-serve executive, depend on congress for continued existence and funding. Congress-power of oversight and est, merge or abolish federal depts. Power of incumbency-congress members around longer than presi. Form alliances with congressional committees and pressure groups to form iron triangles which work against public interest in maintaining programmes of benefits to all three points of triangle but hardly anyone else Lack of co-ord-multiple agencies have stake in foreign policy but have dif priorities and sometimes pull in different directions Executive orders-can only enforce existing ones or use their power to govern executive branch. Cannot pass new laws. e.g Obama DAPA halted by court ruling 2016 Signing statements-little a president can do. Congress may insist on laws it has passed, SC could force president to follow intentions of congressional law Executive agreements-no ratification, up to president to decide what is a treaty and what is an agreement
55
Imperilled presidency
President does not have enough power to be effective in role e.g Ford presided over period of social and economic difficulties for US and seemed unable to effect these. Unable to win re-election 1976. Reasons: oil embargo Carter struggled with failing economy and seen as weak in response to Iranian hostage crisis 1979 Not sufficient recognition of circumstances-idea that president able to fix 70s crisis quickly does not give sufficient lee way to circumstances Thinks this is a fixed position-can change. Look imperilled at one point but not whole presidency e.g Trump couldn't get funding for wall. Congress has power of purse
56
US foreign policy
Protect safety and freedom of citizens Defence policy and procurement decisions related to force posture Promotion of peace, freedom and democracy globally Furthering free trade and capitalism in order to foster economic growth. Improve living conditions everywhere, promote sale and mobility of US products to international consumers who desire the, Bringing developmental and humanitarian aid to foreign people's in need. Both Congress and President are involved in foreign affairs
57
Powers of president relevant to foreign policy and checks by Congress
Submit annual budget-amend or block Negotiate treaties-senate power of ratification Commander in chief-declare war/power of purse Act as chief executive-investigate and impeach/hold trial and remove Nom executive officials relevant to foreign policy-senate power of confirmation
58
Who can declare war/military action?
Congress declares war on another nation President as commander-in-chief can and does use military force without congressional approval prior to action.
59
How did foreign policy power shift from Congress to President?
WW2-Congress declared war following Pearl Harbour. Truman dropped atomic bombs on Japan raised power of president in terms of making foreign policy decisions Need for president to be able to act immediately. Temp legislation passed at end of war led to a new interpretation of consi that presi has prerogative in foreign affairs. In contemporary world, changing nature of threats and developments in technology further tipped balance towards commander in chief
60
War Powers Act 1973
Attempt to restore balance. President has to inform Congress within 48 hours of their intention to deploy US troops and obtain formal approval for deployment within 60 days, with 30 days for any withdrawal. Reality: President can wage war for 90 days without permission.
61
Authorisation for Use of Military Force 2001
President can use force against anyone who aided 9/11. Obama carried out air strikes in Syria in 2014 even though ISIS were only loosely connected to 9/11
62
Foreign policy: treaties
President's power over treaties increased due to executive agreements which have no input from Congress. e.g Nov 2013 Iran Nuclear Program lifted sanctions on Iran if it limited nuclear tech for 6 months Paris Agreement
63
Foreign policy: power of ambassadors
Receive ambassadors and recognise foreign nations Dec 2014-Obama re-established diplomatic ties with Cuba Trump-better relations with N Korea, held number of summits with its leader
64
Foreign policy: bifurcated presidency
More power and responsibility in foreign and defence policy than in domestic affairs. Commanders in chief of armed forces: decide how and when to wage war Chief diplomat-make treaties to be approved by senate Head of state-president speaks for nation to other world leaders, receives ambassadors e.g Clinton-able to send troops to Bosnia and Kosovo whilst he could not pass his healthcare reforms at home Weak at home, strong abroard
65
Compare the roles of the US President and UK PM
Shared roles: *Head of govt *Chief legislator (US-propose UK-involved) *Commander-in-chief (US-ceremonial UK-delegated) *Party leader (US-selected UK-elected) Differences: UK-member of legislative, chief govt spokesperson, chief foreign policy maker US-chief diplomat, head of state
66
Compare the powers of the US President and UK PM
Shared: *Commander-in chief *Treaties Differences: UK-patronage, royal prerogatives, declare war US-nom executive branch officials/federal judges, pardons and commutations, cabinet
67
Accountability of US president and UK PM
US-impeachment, power of purse, directly elected, SC can strike down, congressional committees, opposing party may control part or whole of leg UK-unelected, control HOC but not Lords, SC can't strike down, constituency, cabinet resignations, PMQs
68
Trump: background
Billionaire, business magnate 2016-304 ECV, 30 states, 46.1% votes
69
Trump: ideas and key policies
Withdrew from Paris agreement Travel ban-muslims Made it harder for migrants from Mexico/CA to travel to US Tightened borders, reduced refugee admissions and access to asylum Diverted billions in military funds to pay for wall in S border Quit trans-pacific partnership, renegotiated NAFTA $1.5tn tax cut 2017 Deteriorating relationship with China Banned trans people from serving in military
70
Trump: key events and actions
Appointed 3 SC justices Reversal on enviro protection 2017-air strikes on Syria, killed civillians BLM-Floyd COVID-19 Government shutdown 2018 Paid off people who he had affairs with Moved US embassy to Jerusalem Capitol riots Impeachment SA allegations
71
Trump: controversies
Impeachment x2 Refused to accept 2020 results-electoral fraud Russia inf 2016 election SA allegations Capitol riots
72
Biden: background
Delaware Senator 1973-2009 VP 2009-17 2020-306 ECV, 25 states, 51.3% vote
73
Biden: key policies and ideas
COVID-mask mandates, expanded production of PPE, vaccine dev Lowered medicare to 60 Landmark law protecting same-sex and interracial marriage Heores act-borrowers who earned less than $125k a year during pandemic would receive $10k in student loan forgiveness. Migrants from Cuba, Haiti, Nicaragua, Venezuela will be allowed entry and given work permits. 30k per month allowed
74
Biden: key events and actions
Rejoin paris accord COVID-19 Withdrawal of troops from Afghanistan
75
Biden: controversies
SA allegations FBI-mishandlong of classified docs