US Executive Flashcards
What are formal powers?
Powers granted to the president by the constitution or Congress
What are informal powers?
Powers that have a political, not a constitutional, basis
Example of an informal power of the president
Ability to set the political agenda
What are enumerated powers?
Powers explicitly granted to the president in Article II of the constitution (or delegated by Congress)
What are implied powers?
Powers implied by the text of the constitution
What are inherent powers?
Not set out in constitution, but needed to allow the president to perform their duty
Section III, Article II
Gives the president the power to submit legislation to Congress
Example of an implied power
The president has emergency powers they can use in a national emergency
Example: Roosevelt signed an executive order in 1942 which suspended the civil liberties of 120,000 Japanese-Americans
Example of an inherent power
George W Bush argued that he had the power to suspend the civil liberties of terrorist suspects and ignore anti-torture laws
Formal powers of the president
- Appointments
- Passing legislation through Congress
- Granting pardons
- Foreign policy powers
- Executive powers
What are executive powers?
The powers the president has as head of the federal government, such as proposing the budget
Which executive institution writes the budget?
Office of Management and Budget
How much did Trump’s 2020 budget cost?
A record-breaking $4.8trn
What happens at the State of the Union address?
The president proposes their legislative priorities for the year to Congress
4 options when a president is presented with a new law
- Signing it into law
- “Leave it on the desk”
- Pocket veto
- Veto
What happens when a president “leaves legislation on the desk?”
It naturally becomes law after 10 days, even without a presidential signature. Normally done with legislation they don’t agree with but had no way of preventing.
What is a pocket veto?
When a president doesn’t sign a bill into law before the end of the current congressional session, so the bill is lost.
When was the pocket veto last used?
Bill Clinton, 2000
What happens when a president vetoes a bill?
They send the bill back to Congress with a note explaining their veto
How does Congress overturn a presidential veto?
Supermajority in both houses
Example of a Trump presidential veto
Blocking legislation which ended the state of national emergency at the US-Mexico border
Trump wanted to maintain the state of emergency so he could use federal funds for his wall
Types of presidential appointments
- Supreme Court
- Cabinet
- Heads of federal agencies
- US ambassadors
War Powers Act 1973
Requires the president to ask Congress to approve military action
Example of president acting against the War Powers Act 1973
- Clinton sent troops into Kosovo in the 1990s
- Obama ordered a military intervention in Libya
What military powers does the constitution grant the president?
They are commander-in-chief of the military
How can treaties be ratified?
By a supermajority in the Senate
Example of a presidential pardon
Trump pardoned African-American boxer Jack Johnson in 2019 for the 1913 crime of crossing state lines with a white woman
When can a president NOT issue a pardon?
In cases of impeachment
Why is the power of presidential pardons controversial?
Presidents can often use it inappropriately
Example: In 2020 Trump commuted the sentence of his former advisor Roger Stone who was charged with obstructing the 2016 investigation into Russian interference
Examples of informal presidential powers
- Power to persuade
- Setting political agenda
- Informal party leader
- World leader
What is the ‘power to persuade’?
The president must use his ability to persuade the other branches of government to allow him to pursue his political agenda
Example of a bipartisan deal under the Trump government
First Step Act 2018 which reformed criminal justice
What law could Trump not persuade Congress to repeal, despite the Republicans controlling both houses in Congress?
Obama’s Affordable Care Act 2010
Example of an international treaty Obama agreed to
2015 Paris Climate Agreement
(Trump withdrew from the agreement)
What is direct authority?
When the president takes action without consulting Congress
Examples of direct authority
- Executive orders
- Signing statements
- Executive agreements
What is an executive order?
An official order made by the president which has the effect of a law but can easily be reversed by the next president
Where do presidents derive the power to an executive order from?
Article II gives them ‘executive power’, from which they have claimed the power of an executive order
Famous historical executive order
In 1957, Eisenhower used an executive order to send troops to enforce the desegregation of Central High School in Little Rock, Arkansas
Examples of Obama’s executive orders
- Increasing federal minimum wage
- Outlawing discrimination against married same-sex couples by health insurance companies
What are signing statements?
When a president signs a bill into law but wishes to make a comment on it
Example of a Trump singing statement
Trump criticised a bill passed which imposed sanctions on Russia as it ‘affected his foreign policy abilities’
What is an executive agreement?
An agreement made between the USA and an international government
How can Congress limit the power of the president?
- Rejecting presidential legislation
- Overriding presidential veto
- Approving presidential appointments
- Investigations and impeachment
What is a government shutdown?
When Congress or the government refuse to agree on a federal budget so the government cannot function
How many cabinet nominees has Congress rejected in its history?
9
Why was Nixon being investigated in 1973?
Evidence suggested his election campaign team had broken into the Democratic headquarters and that Nixon had conspired to cover this up
Known as Watergate scandal
Why did Nixon resign?
It was clear that Congress would impeach him for his activities related to Watergate so he resigned beforehand
Why was Trump impeached in 2019?
Abuse of power and obstruction of Congress
Accused of making deals with Ukrainian president to persuade them to investigate Joe Biden’s son Hunter
Why was Trump impeached in 2021?
After Trump encouraged his supporters to “fight like hell” moments before they stormed the US Capital, with the aim of overturning the election count.
Result of 2021 impeachment trial of Donald Trump
The Senate majority found him guilty (57-43) but a supermajority is needed to convict him so he was acquitted
How can the judiciary check the executive?
Judicial review
Why did the Supreme Court rule against Trump in 2020?
They ruled that Trump did not have the right to deny access to his financial records to criminal prosecutors
Which president had the lowest approval ratings?
Trump reached 49% in Feb 2020
Which president had high approval ratings?
George W Bush, following 9/11, had ratings around 90%
Informal constraints on presidential power
- Party makeup of Congress
- Judicial philosophy of Supreme Court
- Attitudes of the media and public opinion
Where does the president pick their cabinet from?
- Former politicians
- Academics
- Experts in their field
- Military officers
- Lobbyists
Who was Obama’s secretary of state?
Hillary Clinton (2009-13)
Example of an academic appointed to the cabinet
Obama appointed Steven Chu as his energy secretary - a Nobel Prize winning physicist
Example of a cabinet member who is an expert in their field
Trump’s former treasury secretary Stephen Mnuchin was previously a hedge fund manager
How often does the US cabinet meet?
A few times a year
What is EXOP?
Executive Office of the President
Many offices that support the president in running the country
How many people work for EXOP?
3,000-4,000
Who is in charge of EXOP?
President’s Chief of Staff
2 main parts of EXOP
- White House Office
- National Security Council
What are the roles of the White House Office?
- Works closely with the President
- Manage the White House
What are the roles of the National Security Council?
- Discussing foreign policy issues
- Overseeing US military operations
How many executive departments are there?
15
