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US Executive Flashcards

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1
Q

What are formal powers?

A

Powers granted to the president by the constitution or Congress

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2
Q

What are informal powers?

A

Powers that have a political, not a constitutional, basis

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3
Q

Example of an informal power of the president

A

Ability to set the political agenda

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4
Q

What are enumerated powers?

A

Powers explicitly granted to the president in Article II of the constitution (or delegated by Congress)

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5
Q

What are implied powers?

A

Powers implied by the text of the constitution

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6
Q

What are inherent powers?

A

Not set out in constitution, but needed to allow the president to perform their duty

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7
Q

Section III, Article II

A

Gives the president the power to submit legislation to Congress

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8
Q

Example of an implied power

A

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

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9
Q

Example of an inherent power

A

George W Bush argued that he had the power to suspend the civil liberties of terrorist suspects and ignore anti-torture laws

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10
Q

Formal powers of the president

A
  • Appointments
  • Passing legislation through Congress
  • Granting pardons
  • Foreign policy powers
  • Executive powers
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11
Q

What are executive powers?

A

The powers the president has as head of the federal government, such as proposing the budget

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12
Q

Which executive institution writes the budget?

A

Office of Management and Budget

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13
Q

How much did Trump’s 2020 budget cost?

A

A record-breaking $4.8trn

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14
Q

What happens at the State of the Union address?

A

The president proposes their legislative priorities for the year to Congress

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15
Q

4 options when a president is presented with a new law

A
  • Signing it into law
  • “Leave it on the desk”
  • Pocket veto
  • Veto
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16
Q

What happens when a president “leaves legislation on the desk?”

A

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.

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17
Q

What is a pocket veto?

A

When a president doesn’t sign a bill into law before the end of the current congressional session, so the bill is lost.

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18
Q

When was the pocket veto last used?

A

Bill Clinton, 2000

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19
Q

What happens when a president vetoes a bill?

A

They send the bill back to Congress with a note explaining their veto

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20
Q

How does Congress overturn a presidential veto?

A

Supermajority in both houses

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21
Q

Example of a Trump presidential veto

A

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

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22
Q

Types of presidential appointments

A
  • Supreme Court
  • Cabinet
  • Heads of federal agencies
  • US ambassadors
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23
Q

War Powers Act 1973

A

Requires the president to ask Congress to approve military action

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24
Q

Example of president acting against the War Powers Act 1973

A
  • Clinton sent troops into Kosovo in the 1990s
  • Obama ordered a military intervention in Libya
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25
Q

What military powers does the constitution grant the president?

A

They are commander-in-chief of the military

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26
Q

How can treaties be ratified?

A

By a supermajority in the Senate

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27
Q

Example of a presidential pardon

A

Trump pardoned African-American boxer Jack Johnson in 2019 for the 1913 crime of crossing state lines with a white woman

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28
Q

When can a president NOT issue a pardon?

A

In cases of impeachment

29
Q

Why is the power of presidential pardons controversial?

A

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

30
Q

Examples of informal presidential powers

A
  • Power to persuade
  • Setting political agenda
  • Informal party leader
  • World leader
31
Q

What is the ‘power to persuade’?

A

The president must use his ability to persuade the other branches of government to allow him to pursue his political agenda

32
Q

Example of a bipartisan deal under the Trump government

A

First Step Act 2018 which reformed criminal justice

33
Q

What law could Trump not persuade Congress to repeal, despite the Republicans controlling both houses in Congress?

A

Obama’s Affordable Care Act 2010

34
Q

Example of an international treaty Obama agreed to

A

2015 Paris Climate Agreement
(Trump withdrew from the agreement)

35
Q

What is direct authority?

A

When the president takes action without consulting Congress

36
Q

Examples of direct authority

A
  • Executive orders
  • Signing statements
  • Executive agreements
37
Q

What is an executive order?

A

An official order made by the president which has the effect of a law but can easily be reversed by the next president

38
Q

Where do presidents derive the power to an executive order from?

A

Article II gives them ‘executive power’, from which they have claimed the power of an executive order

39
Q

Famous historical executive order

A

In 1957, Eisenhower used an executive order to send troops to enforce the desegregation of Central High School in Little Rock, Arkansas

40
Q

Examples of Obama’s executive orders

A
  • Increasing federal minimum wage
  • Outlawing discrimination against married same-sex couples by health insurance companies
41
Q

What are signing statements?

A

When a president signs a bill into law but wishes to make a comment on it

42
Q

Example of a Trump singing statement

A

Trump criticised a bill passed which imposed sanctions on Russia as it ‘affected his foreign policy abilities’

43
Q

What is an executive agreement?

A

An agreement made between the USA and an international government

44
Q

How can Congress limit the power of the president?

A
  • Rejecting presidential legislation
  • Overriding presidential veto
  • Approving presidential appointments
  • Investigations and impeachment
45
Q

What is a government shutdown?

A

When Congress or the government refuse to agree on a federal budget so the government cannot function

46
Q

How many cabinet nominees has Congress rejected in its history?

A

9

47
Q

Why was Nixon being investigated in 1973?

A

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

48
Q

Why did Nixon resign?

A

It was clear that Congress would impeach him for his activities related to Watergate so he resigned beforehand

49
Q

Why was Trump impeached in 2019?

A

Abuse of power and obstruction of Congress
Accused of making deals with Ukrainian president to persuade them to investigate Joe Biden’s son Hunter

50
Q

Why was Trump impeached in 2021?

A

After Trump encouraged his supporters to “fight like hell” moments before they stormed the US Capital, with the aim of overturning the election count.

51
Q

Result of 2021 impeachment trial of Donald Trump

A

The Senate majority found him guilty (57-43) but a supermajority is needed to convict him so he was acquitted

52
Q

How can the judiciary check the executive?

A

Judicial review

53
Q

Why did the Supreme Court rule against Trump in 2020?

A

They ruled that Trump did not have the right to deny access to his financial records to criminal prosecutors

54
Q

Which president had the lowest approval ratings?

A

Trump reached 49% in Feb 2020

55
Q

Which president had high approval ratings?

A

George W Bush, following 9/11, had ratings around 90%

56
Q

Informal constraints on presidential power

A
  • Party makeup of Congress
  • Judicial philosophy of Supreme Court
  • Attitudes of the media and public opinion
57
Q

Where does the president pick their cabinet from?

A
  • Former politicians
  • Academics
  • Experts in their field
  • Military officers
  • Lobbyists
58
Q

Who was Obama’s secretary of state?

A

Hillary Clinton (2009-13)

59
Q

Example of an academic appointed to the cabinet

A

Obama appointed Steven Chu as his energy secretary - a Nobel Prize winning physicist

60
Q

Example of a cabinet member who is an expert in their field

A

Trump’s former treasury secretary Stephen Mnuchin was previously a hedge fund manager

61
Q

How often does the US cabinet meet?

A

A few times a year

62
Q

What is EXOP?

A

Executive Office of the President
Many offices that support the president in running the country

63
Q

How many people work for EXOP?

A

3,000-4,000

64
Q

Who is in charge of EXOP?

A

President’s Chief of Staff

65
Q

2 main parts of EXOP

A
  • White House Office
  • National Security Council
66
Q

What are the roles of the White House Office?

A
  • Works closely with the President
  • Manage the White House
67
Q

What are the roles of the National Security Council?

A
  • Discussing foreign policy issues
  • Overseeing US military operations
68
Q

How many executive departments are there?

A

15

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