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Component 3-US politics > The US Presidency > Flashcards

The US Presidency Flashcards

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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
Q

Vice president

A

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

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26
Q

Increasing powers of VP

A

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.

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27
Q

Cabinet

A

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

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28
Q

Cabinet rank officials

A

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

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29
Q

EXOP

A

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

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30
Q

NSC

A

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

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31
Q

White House Office

A

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
Q

OMB

A

Largest dept, produce budget
Oversee all financial aspects of implementation of presi agenda
Assess effectiveness of govt programmes
Director confirmed by Senate vote

33
Q

Supreme Court

A

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
Q

US v Nixon 1974

A

Presi not above law, cannot use executive privilege as excuse to withold evidence in criminal trials

35
Q

Bush v Gore 2000

A

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
Q

Texas v US 2016

A

upheld a texas challenge to Obama’s DAPA executive order

37
Q

What is the presi trying to get congress to do?

A

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
Q

Why does presi need to persuade Congress?

A

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
Q

How does presi get congressional support?

A

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
Q

Who is the president aided by?

A

VP
Office of Leg affairs
Cabinet members
Party leadership

41
Q

Why is Power of persuasion crucial in Congress?

A

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
Q

What supports Neustadt’s power of persuasion theory in Congress?

A

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
Q

How does power of persuasion work in Congress? 1

A

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
Q

How does power of persuasion work in Congress? 2

A

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
Q

Successful powers of persuasion

A

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
Q

Unsuccessful powers of persuasion

A

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
Q

Limit: Congress

A

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
Q

Limit: SC

A

Declare acts of presidents unconsi such as 2004 Bush vs Rasul ruling that detainees at Guantanamo Bay did have access to federal courts

49
Q

Limit: public opinion

A

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
Q

Limit: pressure group

A

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
Q

Limit: Media

A

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
Q

Limit: federal bureacracy

A

1 person-getting around 3mn employees a challenge.

53
Q

Limit@ state governments

A

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
Q

What can affect effective control of the bureaucracy?

A

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
Q

Imperilled presidency

A

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
Q

US foreign policy

A

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
Q

Powers of president relevant to foreign policy and checks by Congress

A

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
Q

Who can declare war/military action?

A

Congress declares war on another nation
President as commander-in-chief can and does use military force without congressional approval prior to action.

59
Q

How did foreign policy power shift from Congress to President?

A

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
Q

War Powers Act 1973

A

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
Q

Authorisation for Use of Military Force 2001

A

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
Q

Foreign policy: treaties

A

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
Q

Foreign policy: power of ambassadors

A

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
Q

Foreign policy: bifurcated presidency

A

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
Q

Compare the roles of the US President and UK PM

A

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
Q

Compare the powers of the US President and UK PM

A

Shared:
*Commander-in chief
*Treaties
Differences:
UK-patronage, royal prerogatives, declare war
US-nom executive branch officials/federal judges, pardons and commutations, cabinet

67
Q

Accountability of US president and UK PM

A

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
Q

Trump: background

A

Billionaire, business magnate
2016-304 ECV, 30 states, 46.1% votes

69
Q

Trump: ideas and key policies

A

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
Q

Trump: key events and actions

A

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
Q

Trump: controversies

A

Impeachment x2
Refused to accept 2020 results-electoral fraud
Russia inf 2016 election
SA allegations
Capitol riots

72
Q

Biden: background

A

Delaware Senator 1973-2009
VP 2009-17
2020-306 ECV, 25 states, 51.3% vote

73
Q

Biden: key policies and ideas

A

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
Q

Biden: key events and actions

A

Rejoin paris accord
COVID-19
Withdrawal of troops from Afghanistan

75
Q

Biden: controversies

A

SA allegations
FBI-mishandlong of classified docs

Component 3-US politics (6 decks)

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