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 (informal)
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
-unable to remove Medicare as promised - house didnt agree
-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.
How is the VP appointed?
-1967 and the twenty fifth amendment meant that the vice president is appointed rather than elected, if the vice presidency becomes vacant, the president can appoint a new one confirmed by a simple majority vote of both houses of Congress, has happened twice, e.g. 1974, Nixon resigned over the Watergate scandal, VP Ford became president and appointed former governor of NYC, Rockefeller as the new VP.
What are the 4 institutions in the executive branch?
- President
- Cabinet - split into executive departments, there are 15 of these e.g. treasury, state, Defense and each s run by a cabinet officer
- EXOP - headed by the White House chief of staff, includes the White House office and the follow executive offices e.g. council of economic advisers etc.
- Federal agencies - 60 independently run federal agencies e.g. the CIA
What is the cabinet?
-Group of advisors who help to run the government - give advice on specific departments
-Make-up reflects a president’s perspective
-Work for the president - has sole executive authority by the Constitution - they can be dismissed there is dissatisfaction
-Meetings are chaired by the president but as they are not a forum for collective decision-making, they only meet a few times a year - president doesnt have to listen to the cabinet
-They are in charge of executive federal law e.g. education and other departments
Who makes up the cabinet? With examples.
-Former politicians e.g. Hilary Clinton was a former senator and first lady, as well as Obama’s Secretary of State
-Academics e.g. Nobel-prize winning physicist Steven Chu, Obama’s secretary of energy
-Field experts e.g. Trump’s secretary of the treasury Steven Mnuchin, an investment banker and hedge fund manager
-Military officers e.g. retired general Lloyd Austin, Biden’s secretary of defense
-Lobbyists e.g. former coal lobbyist Andrew Wheeler, head of the EPA (environmental protection agency) under Trump
Case study: Trumps cabinet in 2016-20
-Stated that he wanted officers who ‘made a fortune’, appointing individuals with a net worth of $2.3 billion
-Appointed more former lobbyists in 3 years than Obama or Bush in their 8-year terms
Sacked his secretary of state, Rex Tillerson via Twitter in 2018
-Stated that he liked having ‘acting’ cabinet members who had not been formally confirmed as it gave him more flexibility - why he liked to go through so many officials
-Initially held more meetings than his predecessors with 9 a year in 2017 and 2018 but only held one in 2020
-Began his meetings with lengthy addresses to the press to promote his policies
Case study: Bidens cabinet 2020-24
-Promised that his cabinet would be ‘the most diverse in history’
-Appointed the first African American defense secretary (Lloyd Austin), the first female treasury secretary (Janet Yellen) and the first openly gay cabinet officer (Pete Buttigieg) as well as the first Native American cabinet officer (Deb Haaland)
Case study: Trumps cabinet 2024
-Musk is acting as the head of the ‘department for efficiency’ - created a new department - appointing billionaires now
-Not members of the establishment e.g. defence secretary Pete Hegseth - former military member and Fox News presenter
-He is not a member of the ‘establishment’ either - ‘human’ - no political experience - people believe that he’s a person like them and will try improve lives for the ordinary
What is the role of the White House Chief of Staff?
-they are the most senior adviser to the president, they head the EXOP and the White House Office - EXOP employs 3000-4000 staff which is headed by the White House chief of staff
How do Independent Federal Agencies differ from executive departments in terms of their relationship with the president?
-Independent federal agencies have more autonomy from the president
-but the president can also remove the head of an independent agency, but this is only for wrongdoing e.g. CIA
What is the significance of the West Wing of the White House in relation to the president?
-it is seen as the heart of the presidency, this contains many offices such as the Office of the Chief of Staff and the Office of Legislative Affairs etc.
What is the role of the National Security Council (NSC) in coordinating national security and foreign policy?
-they are the main forum for discussing and managing policy issues in both areas, its chaired by the president and includes the VP, Secretary of State and the Secretary of Defense
-They coordinate both policy areas in the executive branch and all its agencies including US military around the world.
What is the Situation Room’s primary purpose in the White House?
-where the president and the national security team coordinate and manage the US response to domestic or international crises in the basement of the White House - run by the NSC
What is the difference in the appointment process for cabinet officers and the staff in the White House Office?
-the WHO are solely at the discretion of the president which is unlike the cabinet - the staff of the White House Office don’t need senate confirmation, the White House chief of staff plays a role in the appointments and determines the opinions the president receives
What are the 5 factors that impact the relationship between the president and institutions?
- Relationship between president and chief of staff - the most important relationship and crucial to the effective running of the executive branch - Obama gave his considerable authority - Trump had four different ones in less than four years - less stability
- Presidents approach to staff - Advisers want access to the president to increase their influence and status. Under Obama there was a shared sense of purpose amongst most of the staff, while Trump’s staff tended to unconditionally support the president’s ideas to avoid being sacked or made to resign
- Extent EXOP is used to dominate the cabinet - Policy czars focus on a particular area of policy and work in the White House with greater access to the president than cabinet officers. They are also not confirmed by the Senate. Jared Kushner was a policy czar on a broad range of issues under Trump and was able to convince him to move the US embassy in Israel to Jerusalem, despite the objections of his cabinet members.
- Extent EXOP staff act as political operative - Unlike cabinet members, EXOP staff are not neutral assistants. For example, Jared Kushner’s role as policy advisor was combined with his role as leader of Trump’s re-election campaign in 2020.
- Presidents view of federal bureaucracy and agencies - Democrats often increase the scope of federal bureaucracy believing that it plays an important role in improving society, Obama increased the number of federal employees by 8%. Republicans tend to view it as wasteful and removing power from the states. Trump tried to abolish 22 government agencies in 2018, but Congress would not consent.
Imperial presidency
A presidency characterised by the misuse of presidential powers especially excessive secrecy - especially in foreign policy - and high handedness in dealing with Congress (ignoring their rights such as ignoring declaring war)
Who was the imperial presidency theory created by? When did he say the imperial presidency started?
-Developed by Professor Arthur Schlesinger - the Imperial Preisdnecy 1973
-Argued it was the creation of foreign policy and traced its origins to Pearl Harbour 1941
List all of the presidents from Roosevelt-present. Say if the imperial presidency increased or decreased under them.
- Roosevelt - very high
- Truman - decreased
- Eisenhower - remains the same
- JFK - increases slightly
- Johnson - remains the same
- Nixon - large increase
- Ford - HUGE decrease
- Carter - remains the same (very low)
- Reagan - large increase
- Bush - decrease
- Clinton - remains the same
- Bush Jr. - stays the same
- Obama - large increase
- Trump - slight increase
- Biden - fair decrease
Why did Roosevelt seem like an imperial president?
-EXOP founded
-US = global superpower in 1941
-Pearl Harbour allowing a break away from Congress
-WWII - at the heights of it, he nearly had full control
-New Deal
Why was there a decrease in imperialness under Truman?
-faced little opposition
-no congressional authorisation when troops went into South K
-but still didn’t have as much power as FDR
Why did imperialness stay the same under Eisenhower?
-1958 - 14,000 troops into Lebanon - no authorisation
Why did JFK see a slight increase in imperialness?
-1961 - BoP invasion with the CIA - no authorisation
-CIA created - federal agency - acts without the approval of Congress - no checks on it
-1962 - CMC - no vote done by Congress - emergency powers used
Why was there a slight decrease in imperialness under Johnson?
-1964 - Tonkin Gulf Resolution - allowed to take ‘all necessary measures’
-troops in Vietnam with no approval
Why did imperialness largely increase under Nixon?
-1970 - bombing of Cambodia - no knowledge from Congress or authorisation
-1972 - watergate scandal - illegal bugging, break ins, hush money, secrecy, injustice - no trust
What 2 acts were introduced to limit the chance of their being an imperial president?
- Case Act 1972 - presidents must inform Congress of all executive agreements made on foreign policy
- War Powers Act 1973 - limit on Presidents use of troops unless Congress authorise it
Why was there a HUGE decrease in imperialness under Ford?
-Congress were overassertive after Nixon
-1975 - no power when NV invaded SV and when they took the capital of SV - Saigon
-imperilled presidency
Why did imperialness remain the same under Carter?
-imperilled presidency
Imperilled Presidency
Ineffectiveness and weakness of the president due to congress’s over assertiveness
Why was there a large increase in imperialness under Reagan?
-restored American confidence at home and abroad
-called the USSR ‘the evil empire’
-2 terms with a landslide in both
-Berlin Wall fell with his help and the USSR collapsed - US became the only superpower
Why was there a decrease in imperialness under Bush?
-1990s - economic recession and federal budget deficit
-less control over foreign policy
Why was there no change in imperialness under Clinton?
-impeached for the Lewinsky affair - lied and concealed
-2 terms served
Why imperialness remain the same under Bush Jr.?
-9/11 reaction supported
-collapsing economy
-even bigger budget deficit
-did not win popular vote after the controversial ruling of the SC on votes in Florida - started off presidency controversially
-troops in Iraq - controversial
-didnt deal with hurricane Katrina welll
-Patriot Act 2001 - expanded surveillance and was a departure from post-Watergate restrictions which limited wiretapping and espionage - expanded powers and reach of the presidency over civilians and political and military institutions - but set expiry dates at which point it would have to be reviewed - happened as a reaction of 9/11
Why was there a large increase in imperialness under Obama?
-first 2 years, Democrat majority in both houses - allowed economic stimulus, reform on regulation of Wall Street, Obamacare, new national security policy
-lost House in ‘10 and Senate in ‘14 - had to use executive orders and recess appointments e.g. air strikes on Libya where there was no approval - as he grew extremely frustrated with the prospect of becoming a lame duck president
Why was there a slight increase in imperialness under Trump?
-Trump Muslim country travel ban was overturned - tries to be imperial but doesn’t work for him
-January 6th, tried to pardon himself, emergency powers used to end gov shutdown
-10 days after inauguration - Trump fired Sally Yates (attorney general) after she refused to defend his travel ban - silenced voices around him - totalitarian
-executive orders used in his first 100 days - couldn’t persuade Congress to repeal Obamacare - blocked any affordable care act that would place financial burden on the state or an individual
-Exploited his power overseas - ‘America first’ policy, promised to ‘bomb the shit out of ISIS’ (did this in April 2017), dropped the non nuclear ‘mother of all bombs’ on ISIS in Afghanistan
-Managed to get around the Senate when imposing sanctions on steel and aluminium imports ‘on the grounds of national security’ & ended US participation in the Paris Climate Agreement
-military ignored his ban on transgender soldiers and was forced to roll this back
-the Senate defended the Attorney General Jeff Sessions when Trump attempted to remove him
-Successful actions due to legislative branch - attempt to overturn the DACA, and the Paris agreement had to be agreed upon by Congress
-Trying to act out his ideal of the imperial presidency overseas where his power is unchecked - able to launch missile attack on Syria in 2017 - supported by congress but not able to act on North Korea as he has been challenged
Why was there a fair decrease in imperialness under Biden?
-pardoned Hunter Biden
-return to the tradition of how a president used to be - not exploiting crumbling institutions or trying to outsmart the constitution
Payroll vote
A group of voters who currently hold a government post like a minister, junior minister or parliamentary party secretary and are guaranteed to vote in support of the government
Using the structural approach, say how one can compare the executives of the UK and the US?
-UK has a fusion of powers which gives a prime minister with a majority far greater ability to influence legislature than the president who is limited by the separation of powers
-Prime ministers can rely on the ‘payroll vote’ whereas presidents can’t.
-The membership of the UK cabinet means that key parliamentarians take collective responsibility for government decisions increasing the prime minister’s influence. In the USA however, cabinet ministers are not part of Congress
-The USA has a singular executive whereas the UK has a system of cabinet government.
-The president also has more extensive administrative support and greater job security
-The president is head of state so has a greater ceremonial role (to play - monarch has this in the UK
Using the rational approach, say the 3 ways how one can compare the executives of the UK and the US?
- Their response to a weak legislative position
- Their response to a national emergency
- Their response to media criticism
Using the rational approach, say how one can compare the executives of the UK and the US based on their response to a weak legislative position?
-During the coalition government David Cameron was highly focused on his cabinet in his first term. Without the agreement of both parties the coalition would have ended, so this was a rational response to the circumstances.
-From 2014, Obama also lacked control of the legislature, however he rarely met with his cabinet as they had no ability to control Congress. His rational response was to use direct authority to avoid asking Congress for anything
Using the rational approach, say how one can compare the executives of the UK and the US based on their response to a national emergency?
-Both Bush (9/11) and Blair (7/7) were impacted by terror attacks. Bush declared a ‘war on terror’ and invaded Iraq and Afghanistan, while Blair believed the UK had a duty to support the USA and become its closest ally
-Both leaders maximised control. Bush used emergency powers and Blair was accused of a ‘presidential’ style of government as he ignored his cabinet in favour of a ‘sofa government’ where decisions were made in smaller meetings of key figures. This was only possible however because Blair had a large majority in parliament and strong party support
Using the rational approach, say how one can compare the executives of the UK and the US based on their response to media criticism?
-Trump and Johnson adopted populist policies to win elections, where they portrayed themselves as the champion of the ordinary people by claiming to oppose the elite’ of existing politicians. They also both used informal powers to bypass the media with Trump using Twitter and Johnson answering ‘People’s PMQs’ on Facebook
-Both also had a confrontational relationship with the media. Trump dismissed criticism as ‘fake news’ to bolster distrust between his supporters and liberal news outlets, while Johnson discussed the possibility of abolishing the BBC licence tee and prevented some news organisations trom attending a press
Using the cultural approach, say the 3 ways how one can compare the executives of the UK and the US?
- Respect and presidential status
- Limited government vs parliamentary government
- Imperial vs presidential criticism
Using the cultural approach, say how one can compare the executives of the UK and the US based on respect and presidential status?
-US culture generally affords the president a greater deal of respect due to their important ceremonial role. At the end of their term they retain the title of president and retire, whereas prime ministers continue to be a member of parliament.
-However in recent years respect for the presidency as an institution has been eroded by increased divisions in US politics
Using the cultural approach, say how one can compare the executives of the UK and the US based on limited government and parliamentary government?
-The USA was an alternative to British rule so opposition to a powerful government is at its heart, whereas the position of prime minister has evolved.
-Parliament’s sovereignty has been rooted in British culture since the English Civil War and allows the prime minister to exercise enormous power with little restraint as only the House of Commons can block their plans, whereas in the US the president can face opposition from the House and the Senate
Using the cultural approach, say how one can compare the executives of the UK and the US based on imperial and presidential criticism?
-The US expect the president to act independently of Congress and is only likely to be criticised as acting imperially’ if they exceed the normal parameters of presidential authority whereas the UK expects prime ministers to follow a collegiate approach, working collaboratively with their cabinet ministers and party within parliament
Compare the executive based on their role of being chief executive (1), head of state (2) and their role in legislation (3).
- US - Singular executive - sole executive authority - UK - Collective executive, Primes inter pares
- US - Head of state - UK - Head of state is monarch
- US - Executive branch - no influence over legislative other than in the legislative process, Office of legislative affairs, Not as much patronage, Veto is present - UK - In both branches - legislative and executive, PM votes on legislation, Patronage, Whips, Elective dictatorship - firm majority in the commons, SC cant strike down laws, Lords cant block legislation - indirect veto (only when thatcher agreed to joining the ERM, was the cabient able to do this even though John Major and other ministers continued to pressure her to join it
Compare the executive based on their financial powers (1), military powers (2) and their role in appointments (3).
- US - Submit the annual budget, Agreement is difficult to achieve, Gov shutdowns - UK - Chancellor of the Exchequer, Passing budget is easy as it requires a vote
- US - Commander in chief, Cannot declare war - UK - Monarch is commander in chief, Decision maker, Declares war using royal prerogative
- US - Require senate approval, Nominates judges, senate approval needed but the president has some influence over judicial - UK - Appoint who they wish to the lords and to the cabinet but no role in judicial appointments
Compare the executive based on their role in elections (1), their term limits (2) and succession (3).
- US - Directly elected by all in the election, Personal mandate - UK - Elected by their constituents, Leader of the most elected party, Mandate from election - not individual
- US - 2 terms results in lame duck president - UK - None - thatcher served 11 years and Blair 10 years
- US - Automatically succeeded by VP - UK - Party members appoint the leader of the party and the appointed individual becomes PM, There can be a deputy but not a constitutional requirement , Deputy may stand in during PMQs - unlikely to succeed as leader e.g. Johnson had no DPM when he had Covid as Raab was deputised, acting PM
Compare the executive based on their role in patronage (1), their power of pardon (2) and their role in passing legislation (3).
- US - Judicial branch appointments, Both reward supporters with gov positions, Separation of powers so can’t appoint congress, Presidential medal of freedom - UK - Appoints cabinet ministers and life peers, Influences Parliament but depend on loyalty of payroll vote, Recommends life peers but they act independently, Honours give a medal or knighthood
- US - Has power of the pardon - UK - Monarch can issue royal pardon on the advice of the justice secretary but this is rare e.g. 2013 Pardon for Alan Turing who was accused of homosexual indecency in 1952
- US - State of Union Address to Congress, Harder to pass legislation particularly in divided government, Members of Congress less influenced by party leaders than MPs, Congress critical of legislation more - leads to gridlock, Relationship can be difficult during united gov e.g. Trump and trying to repeal Obamacare, Veto legislation which is difficult to override but is used as a threat to modify legislation, More deals must be made to convince Congress to support them - UK - Monarch delivers Kings Speech on behalf of government at the state opening of Parliament, No veto, Likely to be faced with legislation they don’t support, Only has to convince commons to support legislation, Most time on timetable is given to gov legislation, PM has majority in commons so won’t face challenge of divided government, Whip system - ensures party discipline - MPs threatened by deselection, Minority gov sutrglge to pass legislation - like May struggling to pass her EU withdrawal bill, If they don’t have a high profile, they may not get support like Major had a lot of rebellions over Europe
Compare the executive based on their ability to be scrutinised (1), their ability to be removed from office (2) and their role in the cabinet (3).
- US - Committees, Separation of powers so President doesn’t address congress except state of Union address - UK - Committees, Personally held to account by the commons and PMQS, Debates at commons the PM is present
- US - Impeachment, No president ever found guilty by senate and removed, Three have been impeached by the house (Trump twice) - UK - Commons can call a vote of no confidence which can be for any reason, Simple majority required, PM may be forced to resign if they don’t have enough support in the commons to govern well before a VoNC is called
- US - Select cabinet members, Need senate confirmation, No executive authority shared with cabinet, Cabinet responsible for their department, Not rivals of the president, Cabinet officers = policy specialists, Cabinet officers stay in same department, Cabinet reshuffles don’t alter power balance, Cabinet have no position to threaten authority of the P unless twenty fifth amendment is invoked, Only a couple meetings a year - UK - Select cabinet members, Primus inter pares, collective cabinet responsibility, Appoint whoever they like, Ultimate decision making body, Political rivals of the PM, Not policy specialist, Moved from department to another, Reshuffles used a from of control, PM can lose power if no support from cabinet, Meetings are frequent - weekly
Compare the executive based on executive administration (1) and their wider bureaucracy (2).
- US - Considerable administrative support to help run the government, EXOP is more extensive than the PM’s Office and Cabinet Office - UK - Considerable administrative support to help run the government
- US - Chief executive for the whole gov bureaucracy, Heads federal govenrment and federal agencies, US gov needs to fill 4000 positions, Character of senior staff is changed from one administration to the other - UK - Chief executive for the whole gov bureaucracy, PM controls civil service and gov agencies, Top civil servants don’t change when gov does, Special advisers do change frequently, 50,000 civil service jobs cut under Labour
What are the 17 roles and powers that can be looked at to compare the executives?
- Chef executive
- Head of state
- Legislation
- Financial powers
- Military powers
- Appointments
- Election
- Term limits
- Succession
- Patronage
- Pardon
- Passing legislation
- Scrutiny
- Removal from office
- Cabinet
- Executive administration
- Wider bureaucracy
How do Bidens cabinet nominees show that the cabinet isn’t important?
-Many of Bidens cabinet nominees were confirmed by the senate with an overwhelming majority which is surprising due to the hyper partisanship e.g. secretary of defense Lloyd Austin was supported with 93-2 votes
-not much of an effort to block the nominees, shows that the cabinet isn’t important, becuase they are less likely to vote along party lines compared with the likelihood with legislation e.g. Susan Collins supported the appointment of Becerra as secretary of health even though he supports abortion rights and was inexperienced in healthcare
What 4 main factors must the president consider when choosing their cabinet?
- The composition of the senate e.g. Biden who needed the support of all 50 of his senators plus republicans as he didnt have a large majority so needed to be sure his picks weren’t controversial (shows importance of having parties support)
- The individuals background and experience (determines stability) as one who is more experienced may be seen as more competent which limits the possibility of appointment being used as a reward
- Their links to congress which helps ensure the smooth passage of legislation (this was important with healthcare reform as they’ll need the secretary to persuade congress) this was why Beccera was appointed as he had 24 years experience in Congress
- Whether it ‘looks like America’ which has been looked at after Clinton
Why did Bidens cabinet have to be diverse? Some statistics on how diverse it was?
-he promised to appoint the most diverse cabinet in US history saying this would lead to better outcomes and more effective solutions in times of crises
-Bidens cabinet was made up 48% of women compared to Trump’s 21%
-The average age was 59 compared to 63 with Trump
-The ethnicity of Bidens was 52% POC compared to Trumps 17%
-It is likely that older presidents will appoint older cabinet members which is why this happened under Biden but Buttigieg brings the age down
-Bidens cabinet had the first Native American in his cabinet (Lloyd Austin) and first immigrant to lead the department of homeland security.
Why did Biden face criticism for his cabinet appointments (diversity)?
-didnt appoint any Asian Americans in Bidens cabinet, the only ones are Harris (VP) and Tai (trade representative) who dont lead a department
Why are experienced nominees likely to be confirmed by the senate?
-Majority of Bidens cabinet have relevant experience in their departments such as Lloyd Austin
-Most of his cabient didnt have congressional experience
-Experienced nominees are more likely to be confirmed by the Senate, it also allows them to run the department with little interference allowing the president to focus on other things e.g. Antony Blinken as Secretary of State could focus on the middle east after this experience with Obama as deputy, they are also less likely to make a mistake
-Beccera has experience as an attorney general which is why his choice as secretary of health was controversial
Is the cabinet more important in the US or the UK?
I think that the cabinet is more important in the UK compared to the US because they have a lot more control over policy and legislation, since the UK cabinet act as a policy making body rather than just purely as an advice giver. This makes their role much more important when it comes to running the country and influencing the prime ministers actions. The UK cabinet is also less likely to be changed compared to the US cabinet which shows their importance as they are given more time to fulfil their promises and beliefs in the form of policy. The PM relies on the Cabinet to make good decisions and trusts them with collective and individual ministerial responsibility, which makes them a figure for public scrutiny as they must act lawfully to be able to run the country.
