topic 3: formal sources of presidential power Flashcards
where is the executive power vested in the united states
the president
in article 2 section 1
what are the enumerated powers of the president?
- commander in chief of the army outranking all other army officers
- the power to grant pardon
- make treaties
- nominate judges, ambassadors, and ministers
- make recess appointments of senor ministers without senate when its in recess
- a president can propose legislation at the state of the union
- propose budget
- head of state- talk to foreign powers
- the power to veto the law
how many people did clinton pardon on this last day
140
including tax evader Mark Rich who’s wife made a considerable donation to clintons election campaign
what significant pardon did presdient ford make
pardoned nixon over the watergate scandal due to its ‘divise nature’ to the US people
example of senate ratifying a treaty
START in 2010 with peldged that russia and America would half their number of strategic nuclear missiles
rafitied 76-21
what are implied powers?
due to the vagueness of the constitution these powers have been developed and arguably implied form interpretations of the constution
what are the threee implied powers?
- executive orders
- executive agreements
- executive privilege
what are exective orders
Executive orders: a directive issued to the federal bureaucracy regarding how the president would like a piece of legislation or policy to be interpreted and enforce. Trump signed 58 executive orders
way to make law without congress
what are exective agreemetns
Executive agreements: very similar to treaties, except they do not requite senate approval. Obmama brokered the Iran nuclear deal and Paris climate change agreement in this manner
what is executive privilleged
Executive privilege: the right of the president to maintain confidential communications under certain circumstances within the executive branch. The right comes into effect when revealing information would impair governmental function
essentially they can hide info
as of febuary 2022 how many exectuve orders has biden signed
80
what are the presidents formal powers as head of govenment
- signing and veoting and executing legislation
- appointing to cabinet and supreme court
- state of the union adress
example of obamas failed veto
allowed 9/11 victims to sue to saudi government but the veto was overridden and the law was passed
example of failed appointments
- garland
- myers
example of failure to use state of the union address
trump urged the recall of obama care and a 1.5 trillion infrastructure bill which were both killed
what issues can recieinv abmasadors cause
diplomatic tension
ex obama met with the dali lama, a key person for tibetan independence, causing issues with chineese government
what is the power of executive memoranda?
Similar to EO however the difference is that there is no formal process for how an executive memorandum is issues. Also it isn’t recorded and doesn’t have a number .
Often delegate tasks that congress has given eh president to members of his executive
power of presidental proclaimaition
have the FORCE OF LAW. Unlike EO they usual give directions to people outside of the executive.
proclamation made by Lincoln freeing salves or mrs recently bush proclaiming ‘national emergency for certain terrorist attacks in 2001
more commonly used to fly a flag half mast for someone who has died or to commemorate a religious holiday
Bush made 941
executive power of signing statements
when singnign a bill a presidnet can make a negative or positive comment
the ABA have said such statements ‘undermine the rule of law’
example of singing statement being contoversial
When obama signed the national defuse authorisation act in 2011 his signing statement highlighted that the concerns hat he had over the detention, interrogation and prosecution of suspected terroists and regarding the restictions it places on the presidency, which conflicted with separation of powers
Bush and foreign policy
1990s bush amassed a military of 1/2 million to Saudi Arabia before seeking congressional approval before the golf war which effectively forced their hand
Clinton and foreign policy
1999 Clinton authorised bombing of koskovo despite congress objecting under the war powers act
George w bush and foreign policy
2002 timed intervention in Iraq during an election of which the main debate was that the democrats were weak on foreign policy thus forcing hand of congress to vote in favour of it
Senate limiting FP example
1999 senate refused to ratify the comprehensive test ban treaty which was a defeat for Clinton
Congress passed an appropriations bill in 1973 which defunded the Vietnam war calling Nixon to call the war off
