Unit 3 - The Executive Flashcards
What are the 3 sources of presidential power? With definitions.
- Enumerated - granted to the President by article II of the Constitution or delegated by Congress
- Implied - implied by the text of the Constitution
- Inherent - not set out in the Constitution but needed by the president to carry out their constitutional role
What are the 11 formal powers of the president?
- Propose legislation
- Submit the annual budget
- Sign legislation
- Veto legislation
- Act as chief executive
- Nominate executive branch officials
- Nominate all federal judges
- Act as commander in chief
- Negotiate treaties
- Pardon
- Head of state
What does it mean by proposing legislation as a formal power of the president? With an example.
-can propose legislation in the State of Union Address
-Can propose legislation at any time by calling a press conference or making an announcement at a public event
-e.g. 2013 - Obama used State of Union Address to promote his policy proposals on job creation, deficit reeducation, immigration reform, gun control and increasing the federal minimum wage
What does it mean by submitting the annual budget as a formal power of the president? With an example.
-The most important piece of legislation
-The OMB (office of management and budget) draw up annual federal budget for the president - they are part of the EXOP
-President submits the budget to Congress - there is a lengthy debate between them especially if the government is divided
-e.g. 2020 – Trump’s budget took federal spending to a record $4.8 trillion
What is meant by signing legislation as a formal power of the president? With an example.
-Last stage in the legislative process
-Has 4 options but typically this is the most common option
-Done for bills the president wants to take credit for
-Bill signing ceremonies are held where the Reps and Senators who support the bill and those who may be affected by it
-e.g. 2010 - White House for the Patient Protection and Affordable Care Act, Obama invited the widow of the late Senator Edward Kennedy who made healthcare reform one of his ambitions as well as 11 year old Marcelas Owens who became an advocate for reform after his mother died without health insurance
What is meant by vetoing legislation as a formal power of the president? With examples.
-Regular veto is a weapon and the threat of it can be a bargaining tool
-From Washington to GW Bush, there were 1500 regular vetos
-Congress can try to override the veto but these are usually unsuccessful
-Pocket vetos can be used but can only be used at the end of the congressional session - cannot be overridden by Congress
-e.g. Bush and Trump only modern presidents to not use pocket vetoes, Use of regular vetoes has decreased in recent years with Trump using only 10 regular vetoes with only one being overridden by Congress
What is meant by acting as chief executive as a formal power of the president?
-In charge of running the executive branch of the government
-Day to day running is delegated to those who run the federal governments principal departments and agencies
-Modern presidents have needed the EXOP (a bureaucracy) to help coordinate the work of the federal government
What is meant by nominating executive branch officials as a formal power of the president? With an example.
-Nominates hundreds of officials to the executive branch
-The most important of these appointments are the heads of the 15 executive departments e.g. Treasury
-There are also lower level officials in all of these departments as well as ambassadors and agency heads
-Senate confirm all appointments by a simple majority
-e.g. November 2021 – Biden nominated Shalanda Young as director of the OMB after his initial nomination was rejected by the Senate
What is meant by nominating all federal judges as a formal power of the president? With an example.
-President fills vacancies not just on the federal Supreme Court but on the federal trial (district) and appeal (circuit) courts
-Judicial appointments are for life
-Confirmed by a simple majority in the senate
-e.g. Amy Coney Barrett 2020
What is meant by acting as commander in chief as a formal power of the president? With an example.
-Particularly important from the 1940s-80s
-Post Cold War era saw an end to the presidents commander in chief role
-1991-2001 brought no significant foreign policy engagement by a US president
-Congress has power to declare war but not used since 1941 - the president now asks to ‘authorise’ troops
-When the president travels away from the White House, they have a nuclear ‘football’ carried by a military officer so the president can have immediate access to the nuclear codes
-e.g. Trump ordered the death of terrorist leader Abu Bakr al-Baghdadi in 2019
What is meant by negotiating treaties as a formal power of the president? With an example.
-The presidents seal of office has an eagle carrying arrows (CiC) and olive branch (peace)
-Modern presidents use the power to negotiate treaties e.g. the nuclear arms treaty with Russia under Obama
-Checked by senate who must ratify the treaty by 2-3ds majority
What is meant by pardon as a formal power of the president? With examples.
-Power of pardon - able to excuse someone for their crimes usually a political prisoner
-e.g. 2018 – Trump tweeted that he had the right to pardon himself
-e.g. 2021 – Trump pardoned his former advisor Steve Bannon who had been charged with fundraising fraud
-e.g. 2024 - Biden pardoned his son Hunter
-e.g. 2024 - Trump said he’d pardon the defendants of Jan 6th
What is meant by head of state as a formal power of the president? With an example.
-Clearly seen at times of national tragedy when the presidents becomes a comforter in chief or a mourner in chief
-Recently done by Obama following the killing of 20 children and 6 adults at sandy hook Elementary School in 2012
Circumvent
Avoid or go around
What are the 9 informal powers of the president
- Power to persuade
- Deal making
- Setting the agenda
- De facto party leader
- World leader
- Executive orders
- Signing statements
- Executive agreements
- Bureaucratic power
What is meant by power to persuade as an informal power of the president? With an example.
-Because power is split between the three branches and between the federal and state governments, to persuade is a key skill - limited with a divided gov
-Presidents use personal influence and the authority of their office to win support
-Use VP and lobbyists in the Office of Legislative Affairs to push agenda
-Presidential support scores = the number of votes in Congress on which a president took a positions and show the % the president won
-e.g. Obamas presidential support score was 96.7% in 2009 when the democrats controlled both houses, but after republicans won back the house, Obamas rating dropped to 57% in 2011 then to 45.6% when senate became republican
What is meant as deal making as an informal power of the president? With examples.
-Presidents need support of Congress to pass legislation - may make deals to achieve this
-May offer to support a policy that a legislature is championing, support them with election campaigning or deliver funding to their district
-During times of divided government, bipartisan deal making is important to avoid gridlock
-e.g. Trump made concessions to allow a $1.4 trillion spending bill to pass in 2019 to avoid a repeat of the government shutdown of 2018, First Step Act 2018 - reformed criminal justice - bipartisan
What is meant by setting the agenda as an informal power of the president? With examples.
-President determines what issues are discussed by journalists and the public
-They can shape public opinion by making speeches or statements that argue their position
-Trump used this power a lot by setting political agenda through controversial tweets, 2019 - Trump tweeted that 4 Democrats congresswomen of colour known as ‘The Squad’ including AOC should ‘go back and help fix the broken and crime infested’ countries they came from - said they were socialists, January 6th - claimed the election was stolen and to ‘fight like hell’ - blocked by Twitter and Facebook and impeached for incitement of insurrection
What is meant by de facto party leader as an informal power of the president? With an example.
-The head of their party - influence its membership - helpful if the presidents party controls both chambers - easier to convince to pass legislation
-Presidents control over legislation through congress is limited in a divided government - but even a president who has a trifecta may not receive unconditional support
-e.g. 2017 - Republicans controlled both houses but Trump wasnt able to convince the Congress to repeal Obamas affordable care Act 2010 even though it was Trumps main campaign pledge
What is meant by world leader as an informal power of the president? With examples.
-USA is most powerful liberal democracy and military superpower in history - ‘free world’
-US dominates global politics and institutions like the UN, NATO and the G7 - group of advanced economies
-Presidents may be less interested in this aspect of policy, particularly republicans with their view of isolationism
-e.g. Obama convinced nations to sign up to 2015 Paris agreement on climate change and 2015 Iran nuclear deal
-e.g. Trumps showed less interest in international leadership - withdraw from Paris agreement and Iran nuclear deal & sent mixed signals to NATO about US commitment - America first policy - started trade war with china
-e.g. During Covid, trump terminated USA’s relationship with the WHO
What is meant by executive orders as an informal power of the president? With examples.
-Official order made by the President directly to the federal government - has the effect of a law but can be easily reversed by the next president
-Article II implies this through executive power
-Roosevelt introduced popularity of executive order and holds the record of 3,721 issued
-e.g. Obama relied on executive orders after he became annoyed with Congress’s rejection of his agenda, executive orders were an alternative to legislation - increased federal minimum wage
-e.g. Trump criticised this use of executive powers but signed more executive powers in his first 3 years than Obama did over the period of his presidency
What is meant by signing statements as an informal power of the president? With an example.
-Presidents can sign statements when they sign a bill into law but wish to comment on it
-President may make a positive comment or argue that aspects of the bill are unconstitutional and that their government wont enforce them
-Signing statements is controversial as they can be used to achieve a line item veto - allowed to veto a potion of the bill but was unconstitutional by Supreme Court in 1996
-Can also be used to criticise legislation
-e.g. Trump used a signing statement to criticise a 2017 bill imposing sanctions on Russia, Iran and North Korea claiming it affected his constitutional powers to conduct foreign policy
What is meant by executive agreements as an informal power of the president? With an example.
-An agreement made between the US and an international government
-Signed by the president and don’t require senate ratification as a treaty would
-Use this to avoid lengthy and potential unproductive negotiations with senators that happens with treaties (require two thirds majority)
-Number of executive agreements increased since WWII
-President criticised for this power
-e.g. Trump withdrawing from Obamas 2015 Paris Agreement on climate change and the 2015 Iran nuclear deal
What is meant by bureaucratic power as an informal power of the president? With an example.
-The Executive Office of the President - EXOP is collection of offices providing policy advice and administrative support to the President
-Helps president run the federal government, develop policy, communicate with the public and congress and negotiate trade deal
-e.g. Set up by Roosevelt and expanded the power of the presidency a lot and particularly how he expanded the power
What are the 3 informal powers of the president that have direct authority?
- Executive orders
- Signing statements
- Executive agreements
What is the Trump Effect?
Trumps impact on presidential power
What are ways that Trump did change the power of the president?
-implemented his agenda even without the support of Congress particular after the Democrats won the House in 2018
-Trump damaged institutions that were already decaying - questioned integrity of executive branches, used appointees to target enemies, and ignored the peaceful transfer of power
-Destabilised alliances like NATO and was close to destroying North Korea with nuclear weapons
-Used presidential pardons not on official legal channel but on cronies
-withdrew from the Paris agreement and abrogated the Iran nuclear deal
-Eroded norms of oversight - refused to turn over official documents and mandated executive appointees to refuse requests to appear before the House and Senate committees
-Rushed through the appointment of Coney Barrett after the death of Bader Ginsburg in 2020 - done by McConnell
-Set precedents for future presidents
What are ways that Trump didnt change the power of the president?
-The house was still able to conduct investigations, wrote articles of impeachment and senate conducted the trial but he was acquitted - wasnt able to be impeached on both occasions
-He withdrew troops from Iraq and Afghnasistan and moved the US embassy to Jerusalem - unilateral - able to do without congress
-Congress still needed to pass landmark tax cuts to the vast stimulus package in 2020
-Didn’t change formal powers
What are the 3 things that may place constraints on the presidents power?
- Presidential approval ratings
- A divided government
- Checks and balances
What are presidential approval ratings impacted by?
-22nd amendment - introduced after Roosevelt to limit to serve 2 terms maximum - results in lame duck presidencies - leads to lower approval rates as the president cannot get work done - typically will lose congress by the end of their term
-Public opinion
-Congress
-The courts
-States
-Electoral mandate
-Crises - e.g. 9/11 having positive impact on Bush and then a negative impact because of the Iraq war
Lame duck presidencies
The period of time where the President has lost control over Congress, specifically in the second half of their second terms because of the mid term elections - makes it harder to get stuff done as the government is divided - it means that political allegiances change
Case study: Obama and how events in his presidency either waxed or waned his power and popularity.
-2008 - welcomed by millions as a historic triumph for black Americans - waned power and popularity - due to public opinion
-Helped by Democratic control of both Houses of Congress - waned power and popularity - due to congress
-Obama had a productive 100 days during economic crisis and received highest approval ratings in the first 100 days in 1970s - waned power and popularity - due to crises’s
-Obamas administration implemented an economic stimulus and ‘Obamacare’ Protection and Affordable Care Act - waned power and popularity
-2010 - republicans won majority in the House - Obama became increasingly frustrated with the divided government - waxed power - due to Congress
-2014 - senate lost to the republicans, even more difficult to pass political agenda using legislation - waxed power - due to congress
-Obama loathed by many conservatives, who thought ‘obamacare’ expanded the role of the federal government too far into peoples lives - popularity waxed - due to public opinion
-To not become a lame duck president, Obama used executive orders rather than legislation - waxed popularity - due to congress
-Executive order used to protect illegal immigrants from deportation but was challenged by 26 states and declared unconstitutional - waxed power - due to states and the courts
-Attempt to fill vacancy on the Supreme Court was blocked by senate with Garland , refused to consider his nominee - waxed power - due to congress
The strength of the president in foreign policy?
-In a crisis, the President is in charge, however in times of non crisis, the Constitution is vague and gives powers to both branches of the government
-The Constitution grants the president two specific powers – to act as commander-in-chief of the armed forces and to negotiate treaties, however both of these powers are checked by Congress
-The Constitution also grants the president power to make appointments to the judicial branch which can have foreign policy implications, as well as Ambassadors - All appointments are subject to confirmation by the Senate
-The president is also able to set the tone of foreign policy, notably through the Inaugural Address e.g. George W Bush’s ‘Axis of Evil’ - America taking the offensive
-Obama however promoted a return to soft power - debatable
Congress’s powers over the president in foreign policy?
-Congress also has powers relating to foreign policy, such as the power to declare war; agree budgets (provide funding for military); and ratify treaties
-In 1973 they passed the War Powers Act in an attempt to increase this power - ineffective
-Congress also has many foreign-policy related committees - investigate the conduct of war - cannot change direction of foreign policy
EXOP
Executive Office of the President
What are the 4 formal powers of the VP?
-1 - They are the presiding officer of the Senate - rarely performed - the senate usually deputes junior members of its chamber to chair debates
-2 - They break a tie in the Senate, it’s only to perform this function that the VP will attend the chamber - 1993-2017, this power was used 12 occasions, Biden never cast a tie breaking vote being the first VP to serve two full terms and not have one, Harris has cast 33 tie breaking votes the most in history
-3 - They count and announce the result of the electoral college votes, 2024, Harris will have to announce her defeat
-4 - The most important power: become president upon death, resignation or removal of the current president - occurred 9 times (1 due to resignation (Nixon 1974))
What is the 1 informal power of the VP?
-announce themselves acting president if the president is declare disable which is another provision of the twenty fifth amendment - used 3 times e.g. 2002 and 2007 where GW Bush required sedation to undergo a colonoscopy so Cheney was acting president for 2 hours.
