topic 3: formal sources of presidential power Flashcards

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1
Q

where is the executive power vested in the united states

A

the president

in article 2 section 1

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2
Q

what are the enumerated powers of the president?

A
  • 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
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3
Q

how many people did clinton pardon on this last day

A

140

including tax evader Mark Rich who’s wife made a considerable donation to clintons election campaign

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4
Q

what significant pardon did presdient ford make

A

pardoned nixon over the watergate scandal due to its ‘divise nature’ to the US people

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5
Q

example of senate ratifying a treaty

A

START in 2010 with peldged that russia and America would half their number of strategic nuclear missiles

rafitied 76-21

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6
Q

what are implied powers?

A

due to the vagueness of the constitution these powers have been developed and arguably implied form interpretations of the constution

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7
Q

what are the threee implied powers?

A
  • executive orders
  • executive agreements
  • executive privilege
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8
Q

what are exective orders

A

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

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9
Q

what are exective agreemetns

A

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

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10
Q

what is executive privilleged

A

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

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11
Q

as of febuary 2022 how many exectuve orders has biden signed

A

80

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12
Q

what are the presidents formal powers as head of govenment

A
  • signing and veoting and executing legislation
  • appointing to cabinet and supreme court
  • state of the union adress
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13
Q

example of obamas failed veto

A

allowed 9/11 victims to sue to saudi government but the veto was overridden and the law was passed

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14
Q

example of failed appointments

A
  • garland

- myers

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15
Q

example of failure to use state of the union address

A

trump urged the recall of obama care and a 1.5 trillion infrastructure bill which were both killed

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16
Q

what issues can recieinv abmasadors cause

A

diplomatic tension

ex obama met with the dali lama, a key person for tibetan independence, causing issues with chineese government

17
Q

what is the power of executive memoranda?

A

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

18
Q

power of presidental proclaimaition

A

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

19
Q

executive power of signing statements

A

when singnign a bill a presidnet can make a negative or positive comment

the ABA have said such statements ‘undermine the rule of law’

20
Q

example of singing statement being contoversial

A

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

21
Q

Bush and foreign policy

A

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

22
Q

Clinton and foreign policy

A

1999 Clinton authorised bombing of koskovo despite congress objecting under the war powers act

23
Q

George w bush and foreign policy

A

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

24
Q

Senate limiting FP example

A

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

25
Q

power of making reeces appointments

A

one of the presidents enumerated is powers is being able to appoint people to temoparay. vacanies whist the senate is in reeces
then when the senate come back they can ratify it or osmeone else is nomiated

aims to prevent the presdients power to circumvent the stenate and make appointments that don’t need approval

26
Q

how many reeces appointments did clinton make

A

139

27
Q

how many presidential proclaimations did bush make

A

941