The US presidency Flashcards
Evaluate the view that the President is the most powerful branch of government rather than the Supreme Court or Congress.
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Impeachment for example Clinton and Trump twice in 2019 and 2021
Shows that the President is more powerful as both Trump and Clinton were impeached yet remained as President as a supermajority in both the House and the Senate was not achieved
Clinton impeached due to an affair with a White House intern, Monica Lewinsky
Trump was impeached in 2019 for coercing the Ukrainian govt for intel on his opponent for the 2020 Presidential election Joe Biden. As well as this, he was impeached in 2021 for ‘incitement of insurrection’
Trump’s impeachment failed as the Senate was dominated by Republicans, and a supermajority was not reached
However, a president like Nixon proved to be dominated by Congress as he was on the verge of impeachment, but resigned
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Presidential vetoes
Formal rejection of bills passed by both houses in Congress
A supermajority is needed by both Houses in Congress to override a Presidential veto, and will be difficult in a united govt
Eg Donald Trump made eight regular vetoes where none were overturned
July 2019, Trump vetoed a series of bipartisan resolutions that aimed to block sales of weapons to Saudi Arabia, as a result to combat Iranian aggression
However, Obama during his last term had a veto overridden by Congress
In 2016, Obama vetoed the Justice Against Sponsors of Terrorism Act, which would have allowed families of the victims of the 9/11 terrorist attacks to sue to the govt of Saudi Arabia
It was overridden by Congress as it was decided that this legislation was too extreme
Congress proves to be dominant because the Republicans dominated Congress towards the end of Obama’s second term, limiting his power as President, and he was also a ‘lame duck’
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United Government
Eg in 2016-17, Trump was a Republican and both houses were dominated by the Republicans
Allows the president to pass legislation easily without scrutiny
In 2017, Trump passed the “Tax cuts and jobs Act”. Lowered corporation tax from 35-20% and made several changes to the tax code
However, Presidents can be classified as a ‘lame duck’ towards the end of their term
For example in 2016, Obama was a Democrat and both houses in Congress were dominated by Republicans. This made it harder for Obama to pass legislation, where his last Presidential veto was overridden by Congress-Justice Against Sponsors of Terrorism Act 2016
para 4:Can declare actions of the executive to be unconstitutional
Rasul v Bush 2004: the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of habeas corpus to review the legality of their detention.
Hamdan v Rumsfeld 2006: Military commissions set up to try Guantanamo bay detainees were unconstitutional and broke the Geneva conventions
imperial vs Imperilled President
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Foreign Policy
President can avoid Congress to authorise military action-imperial
President acts unilaterally without Congressional approval
Eg Clinton was ready to launch a 20,000 troop invasion of Haiti in 1994
President is the Commander-In-Chief of the Army
Biden launched airstrikes on the Houthi rebels
EVALUATION: former President Jimmy Carter intervened and mediated the crisis
Clinton had failed to pass his flagship domestic policy of healthcare reforms
Clinton had bypassed Congress several times in a united government of Democrats
This shows that he was quite unpopular amongst his own party
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Popularity decides an imperial or imperilled President
Eg Trump in the recent years was argued to be a self styled Imperial President
Trump was popular on social media especially Twitter
Trump’s popularity and persuasiveness led to him gaining mass support for foreign and domestic policy
Trump had an average of 55 executive orders a year and had a unified govt in his early years as President. EVALUATION: However, the use of executive orders especially in his first year undermines his title of being an ‘imperial president’. This is because since Trump had a unified Republican Congress, he could’ve easily turned the executive orders into legislation through Congress but he did not. This could be due to his executive orders being unpopular such as the Muslim Travel Ban in 2016
Trump’s impeachment of 2019 proved to be imperial as it had failed
EVALUATION: Congress frequently frustrated Trump
Trump was unable to persuade a unified Republican Congress to repeal and replace Obamacare, Obamacare was passed through bipartisanship
Federal govt shutdown in 2018-19 as the Democrats refused to allocate funds for the wall along the southern border of Mexico
Midterm elections allowed more Democrats in Congress which frustrated Trump
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However, Presidents can be classified as a ‘lame duck’ towards the end of their term
For example in 2016, Obama was a Democrat and both houses in Congress were dominated by Republicans. This made it harder for Obama to pass legislation, where his last Presidential veto was overridden by Congress-Justice Against Sponsors of Terrorism Act 2016
President Bush- the public were losing enthusiasm of the ‘war on terror’ as well as the handling of Hurricane Katrina, the Republicans lost control of Congress
The Senate also refused to discuss Obama’s nominee for the Supreme Court in 2016, he wanted to appoint Merrick Garland.
Veto powers - this means the president can stop legislation from becoming law.
⇒ Executive orders - an order having the force of law issued by the president of the U.S. to the army, navy, or other part of the executive branch
E.g. Trump’s executive orders rolling back Obama-era climate controls. There are limits to his power e.g. bills requiring money still need to go through Congress
Biden in his first 100 days signed over 60 executives action , 24 were which were direct reversals of Trumps policies
evaluate the view that domestic policy is dominated by the president and not by congress
George bush
eduction policy:
with this huge congressional majority and huge personal popularity in the immediate aftermath of 9/11, he was able to see the no child left behind act passed in January 2002. as kruse and zelizer argued that no child left behind policy received some bipartisan support due to the importance that education had fro suburban voters.
Major tax cuts
with a republican majority in both houses and policy that ideologically appealed to the majority of his party. bush was able to steer the economic growth and tax relief reconciliation act(2001) and the jobs and growth tax reconciliation act(2003) through congress, introducing tax cuts of 1.35 trillion
social security reform
in 2004 bush made social security reform his top priory and attempted to change the system by allowing individuals to divert a proportion of their social security tax into personal retirement accounts. with the democrats vehemently opposed, republicans in congress would not commit, especially in the face of public disapproval. bush underestimated the difficulties he would face in passing the bills as the administration had 3 years of success and rather took the support of congress fro granted. as it was, even though his party controlled both houses, congress took no action on bush plans for social security reform and his policy ultimately failed to become a reality
Barack Obama
stimulating economy
the American recovery and reinvestment act(2009) provided a huge 787 billion dollars. Obama took advantage of united government and a mostly united congressional democratic team to pass legislation since the act received almost no support from republicans
immigration reform
development relief and education for alien minors act. Obama underestimated the hard line opposition both from within the republican party and among more conservative democrat members of congress. the DREAM act failed to pass in both terms because of this opposition.
after congress failed to deliver any meaningful immigration reform legislation in November 2014 president Obama issued an executive order - the deferred action for parents of Americans and lawful permanent residents (DAPA) to allow certain illegal immigrants to be granted deferred action status. however, the supreme court struck down the executive order
ending the war in Iraq
Obama was successful in removing troops from Iraq. he continued with a hawkish foreign policy strategy in which he oversaw a troop surge in Afghanistan in 2009 and campaigns in Libya (2011) and Somalia (2016)in the war against al Qaeda. diplomacy was always obamas first instinct in foreign policy, as the joint plan of action executive agreement with Iran in 2015 demonstrates.
Donald trump
Tax cuts
trump inherited a united government , passing the tax cuts and jobs act (2017). slashing the corporate tax from 35% to 21%.
build wall/immigration policy
trum failed in his campaign pledge of building a concrete wall, across the USA and Mexico border. the trump administration planned to spend approximately 18 billion dollar to finance the wall, including 4.4 billion dollars allocated by congress for 2017-20 and a further 6.9 billion dollars diverted from military spending and treasury department funds.
management of the covid - 19 crisis
trump oversaw the swift passage in march 2020 of the coronavirus aid, relief and economic security (CARES) act with its unprecedented 2.2 trillion trillion of economic aid., which prevented the US economy from entering a deep recession
EVALUATE THE EXTENT TO WHICH THE PRESIDENT CONTROLS FOREIGN POLICY
Firstly presidents constitutional power provide significant ability to control for a policy.
The Constitution gives president significant policy powers that might enable them to dominate for a policy, especially in overcoming checks from Congress.
Firstly as commander in chief, President are able to act unilaterally, initiating military action without Congressional approval.
This was evident with Obama’s actions in Libya in 2011 as well as strikes in Iraq and Syria in the fight against Islamic state.
Furthermore the presidents constitutional role as head of state and chief diplomat allows the president rather than congress to conduct for a policy relations with other countries.
Obama was able to liaise With China, Iran and Cuba without congressional leaders.
Subsequently, the president, Due to his constitutional role, appears to be the driving Force of a policy.
On the other hand, Congress also had a number of important constitutional powers that can restrict the president ability to dominate for a policy.
The Constitution provides Congress the power to declare war.
President at times, I recognise this constitutional power and afraid to congressional authority by putting propose attacks to a vote.
George Bush in 2003 gain congressional authority to invade Iraq.
Furthermore, legislation such as the war powers act 1975 has allowed Congress to assert control.
The power of the price provide a strong limit on President ability to dominate for a policy.
This was very evident in 1995 Bosnia, where Clinton was forced to withdraw troops when Congress withdrew funding.
Therefore, the constitutional powers of Congress has ability to limit an imperial president in the sense of foreign policy.
Nevertheless, in recent years, the nature of military action today means that there is more emphasis on secrecy and quick responses. This has swung the balance of power immensely to presidents and allowed them to significantly control for a policy.
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In addition, the president is able to exercise great power over from policy as they are the only Nationally elected body.
Presidents have a national mandate which provides them with more authority than individual members of Congress who are mandated by individual districts or individual states.
The US tends to look to the president for foreign policy initiatives in recognition of its authority opposed to Congress.
Congress is at times the passive institution and defers to the president.
House speaker John Boehner Recognised Obama’s role as commander in chief in Obama’s attempt to take an ethical Libyan leader Giddafi in 2011.
By contrast, when congressional leaders have attempted to take control of foreign policy, they have received criticism for taking on the role of the president.
For example, Nancy Pelosi was criticised for her decision to visit President Assad in Syria 2007.
On the other hand, Congress may feel that he has a legitimate right to orchestrate foreign policy as they have a collective national mandate.
Due to public opinion, members vote accordingly, If the public opposes presidential foreign goals, then members of Congress are likely to oppose them.
After the 2006 midterms, Democrats attempted to end the Iraq war, where Pelosi and Reid created legislation that gave a timeline for troop withdrawal.
On balance, the president is very clearly in control of a policy, boosted by their national mandate.
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Furthermore, changes in practical considerations have led to a huge surge in the presidents control of military policy in recent years.
Changes in technology have strongly altered the power relationship between the President and Congress.
The public and Congress have placed more faith in presidential decision making due to the current nature of war.
The rise of the EXOP Especially the National Security Council, provides a president and advantage, that’s allowing them to control for a policy.
In 2003, Bush sought congressional approval while informing them of the dangers of Saddam Husseins ‘weapons of mass destruction’. Wow many members of Congress were sceptical, they voted for the war in trust of the classified information President Bush held.
However, the president cannot claim the need for secrecy and speed in all cases.
This does not apply to other aspects of foreign policy like treaty making.
Congress has its own expertise in foreign affairs which helps question the authority of the president.
The US committee on foreign affairs has included many senators with huge experience who are ugly have greater knowledge of a policy than presidents.
This has included Joe Biden and John Kerry in the past.
Additionally, clured sessions of cingress has allowed congressional committee to receive sensitive information in which they can challenge PACtion like the House Intelligence C.
EVALUATE THE EXTENT TO WHICH THE ‘POWER TO PERSUADE’ IS THE MOST IMPORTANT POWER?
Firstly the power to persuade is most definitely a significant power as the president is dependent on Congress for all legislation, money, nominations and declarations of war and treaties.
Therefore, members of Congress need to be persuaded that the presidents proposals are in their interest if they are to support them.
The president can do this by offering perus including support for re-election.
For example, campaigning on their behalf by showing up at rallies.
Other periods include support for legislation that would bring federal money to a members state or district.
This can boost their popularity with the folks back home and increased chance of re-election.
The president can also make use of their vice president, Kabana or party members in Congress.
Joe Biden was critical of the success of President Obama as many Congress persons owned their political career to Biden so would listen and perhaps vote accordingly.
However, the president has a variety of means to circumvent congress on domestic policy matters and in foreign affairs.
Presidents have access to a rocket of methods to evade congressional authorisation including executive orders.
How presidents can evade checks: Obama towards the end of his presidency resurfaced Use of executive order to achieve his policy aims following republican controlled Congress unwilling to compromise.
This included DAPA and DACA.
Trump has used executive orders to meet policy objectives like the Muslim pain and the removal of the USA from TPP.
The president can also make executive agreements with other countries which are essentially trees that do not require ratification from the Senate.
Obama used agreement when he was aware of his limits In persuading it Republican-controlled Congress.
This included deals with Iran to stop them from pursuing their nuclear program in 2015.
Nevertheless, the Presidents power of persuasion is very important as Duty separation of powers the President has no primal disciplinary hand over members of Congress.
Therefore, their backing is essential.
Furthermore efforts to circumvent Congress are often limited as executive orders can be struck down as DAPA and DACA were by the judiciary.
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In addition, the Presidents power to persuade is essential as Congress is elected separately so has a separate mandate and will listen to the folks back home.
The rise of powerful party leaders with a collective National mandate can be in opposition with the president.
In the 2006 midterms Nancy Pelosi is 100 our agenda was in direct opposition to push as she set in motion a timetable for the removal of troops in Iraq.
Furthermore, even the President own party has separate mandate I need persuasion to vote in line with the president.
For example, 39 democrats voted against ACA.
The act passed 220 to 45 and Obama had to work hard at persuading Democrats to get the bill over the line.
The significance of the power of persuasion was also apparent when Trump tried to repeal Obamas ACA act as key Republicans in the Senate voted against him including John McCain and Susan Collins.
Therefore, although party discipline in Congress is tighter in an hour of partisanship, he still cannot guarantee vote for the president.
So persuasion is needed.
Whilst votes are not guaranteed, this era of hyper partisanship means that the president has to work less hard at persuading members of their party in Congress as most will invariably take party lines on most votes.
In Congress, the average unity in the 113th Congress was 92% for Democrats and 90% for Republicans, an unmatched figure.
Republicans during President Obama’s last term were accused of hyper partisanship as they seem to oppose all of Obama’s legislation - Team competition encourages party unity.
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In times of divided government, the power to persuade members of the opposing party even more important.
Without the support of Congress, legislative gridlock ensues.
Divided government is the norm as presidents normally lose on house during a term.
In fact, in the last 26 years 10 1/2 of those 26 have been divided government.
Divided government means that the president has to persuade the opposing party to follow their agenda or gridlock ensues.
In 2013, Obama failure to persuade the Republican house to accept his proposed budget that to gridlock and eventually government shutdown.
This was also apparent in 2014, when Trump could not convince the Democrat controlled house to find his campaign promise of a wall.
However, in a highly partisan error, a few members of the opposition party in Congress are open to presidential persuasion, especially on big ticket items.
In particular, Second term presidents who have lost houses to Opposition parties have found their persuasive Power to be very limited, giving rise to the term ‘lame duck’. The Republican party were accused of excessive partisanship during the Obama presidency, with some Republican seeming to oppose any policy supported by Obama for example Merrick Garland
