US Government; The Executive - Powers, Relationships Flashcards
1
Q
Formal - The power to propose legislation
A
- Section III of Article II of the Constitution gives the president the power to propose legislation to Congress. However, only presidents rarely did so: George Washington only proposed three laws to Congress/
Joe Biden - Joe Biden believes that there’s no greater economic engine in the world than the hard work and ingenuity of the American people. But for too long, the economy has worked great for those at the top, while working families continually get squeezed. President Biden promised to rebuild the backbone of the country – the middle class – so that this time everyone comes along. He also campaigned on a promise to make government work for working people again.
2
Q
Formal - The power to submit the annual budget
A
- The president also has the power of preparing the annual federal budget. This crucial piece of legislation sets out how much money the federal government will spend over the coming year. In reality, the president does not personally write the budget, as it is hundreds of pages long. Instead, the president’s Office of Management and Budget (OMB) writes the budget in their direction. However, the president does not have the power to pass the budget - the ‘power of the purse’ belongs to Congress.
- In February 2020, Trump’s budget for the coming year took government spending to a record $4.8 trillion, even before the economic costs of COVID-19 were clear.
3
Q
Formal - The power to sign legislation
A
- Once a bill has successfully been passed through the legislative process in Congress the president has the option of using one of their three further powers. First, the president has the power to sign the bill into law. When the president does that, the bill becomes an Act of Congress - part of US law. The president’s second option is not to sign the bill but to, as it were, ‘leave it on the desk’ for it to become law after 10 working days without signature.
- The president might use this option for minor pieces of legislation or for those they do not agree with but would be unable to prevent Congress passing. if the congressional session ends during these 10 working days, the bill is lost. This is known as a pocket veto.
- Bill Clinton in 2000 - pocket veto
4
Q
Formal - The power to veto legislation
A
- The third option the president has at this stage is to veto a bill. The president does this by sending the bill back to Congress with a message explaining his reasons for vetoing the bill. Congress does have the power to override a presidential veto but this is very difficult to achieve because a two thirds majority is needed in both houses of Congress. Because it’s so difficult to override the president’s veto, the president can use the threat of a veto during the legislative process to pressure Congress to make changes to a bill that the president wants.
- This is known as ‘veto signalling’ and is done by a Statement of Administration Policy, which they White House releases to communicate the president’s views of a bill to Congress.
- Trump used the veto 10 times, two of which were to block legislation that would have ended the state of national emergency at the southwestern US border. Trump has declared a state of emergency in February 2019 to allow him to use federal funds to build the border wall promised in his presidential campaign. Congress had previously refused to fund the wall and twice voted to terminate the state of emergency.
5
Q
Formal - The power to act as Chief Executive
A
- The President needs certain powers, known as inherent powers, which are not linked to specific powers mentioned in the Constitution
- These powers are instead inherent to the overall role of the President in the Constitution
- Control federal bureaucracy, which is made up of 15 departments each with different responsibilities
- After the 9/11 terror attacks, George Bush’s administration argued that the president’s inherent powers gave him the authority to ignore civil liberties and anti-torture laws, ordering the detention of terrorist suspects or an indefinite period, transporting them overseas bases of interrogation and torture, in a practice known as ‘extraordinary rendition’, Bush was widely criticised for interpreting the idea of inherent powers too loosely in order to increase his own power
6
Q
Formal - The power to nominate executive branch officials
A
- When a new President nominates officials to key posts
- There are around 4,000 positions to fill with appointments, with 700 being confirmed by the Senate by a simple majority vote
Heads of executive departments, heads of independent federal agencies and US ambassadors all require Senate confirmation
https://www.washingtonpost.com/politics/interactive/2020/biden-appointee-tracker/ - Joe Biden has currently picked 461 nominees (January 2022) to fill his administration, which is slower than Obama, due to other crisis’ that are more important for Congress to sort
- This shows how miniscule this power is in comparison to other roles, and his appointment is a slow process that is not a priority due to the amount of appointments needed to be confirmed
7
Q
Formal - The power to nominate all federal judges
A
- This happens when vacancies arise
- The Senate again provides a check on the appointment power of the President as it is confirmation via a simple majority vote is required for judicial nominees
- Unlike executive branch positions, which are political appointments that end with each incoming President, judges are for life, and the impact of a judicial appointment continues long after, in both their decisions and political alignment
- SC justices determine how the Constitution is interpreted and so their appointment is one of the most important powers of the presidency
- An example of this is the nomination of Amy Coney Barrett to the SC in September 2020, and she was later confirmed in October 2020 by Donald Trump following the death of Ruth-Bader Ginsburg
- This had an impact on the political weighting of the court, creating a Republican majority
Obama’s nominee for the SC was blocked, as the Republican House wished to wait for the new President to make a nomination, due to their expectation that Trump would win
8
Q
Formal - The power to act as Commander in Chief
A
- Overall head of the armed forces allowing him to initiate military action
- Constitutionally, only Congress should have the power to declare war but this hasn’t been used since 1941
- Some presidents have acted without presidential approval
- Also have the ability to use nuclear weapons
- Out of the US they are with a military officer carrying a ‘nuclear football’ containing nuclear codes and guidance
Bush ordered the US invasion of Afghanistan (2001) and Iraq (2003) - Clinton sending US troops into Kosovo in the 90s without approval
- Obama ordered military intervention in Libya in 2011
- Harry Truman ordered 2 nuclear bombs on Hiroshima and Nagasaki in August 1945
9
Q
Formal - The power to negotiate treaties
A
- President can come up with treaties and have discussions with others about it but does not have the power to put it in place fully
- Treaties must be ratified by the Senate with a ⅔ supermajority
- HofR has the power of the purse
- Obama signed an arms treaty with Russia in 2010 which cut US and Russian strategic nuclear warheads to 1,550 over 7 years (2,200 allowed then)
10
Q
Formal - The power to grant pardons
A
- Can pardon anyone who has been convicted of a federal crime
- Exception of impeachment
- Can be given after the convicted person has died
- Can give a pre-emptive pardon for crimes already committed that a person may be convicted for
- Can also release a prisoner but this does not give them a formal pardon
- Trump pardoned AA boxer Jack Johnson in 2019 for a 1913 offence of crossing state lines with a white woman
- Clinton granted 140 pardons on his final day of office which was very controversial
- Pardoned his own brother for a drug offence and also wealthy supporters
11
Q
Formal - The power to be Head of State
A
- Appoint ambassadors and has emergency powers
- In charge of diplomatic relations, negotiating treaties and controlling the army
- He is also head of government
- He also has the power to issue pardons
- Although he is not exclusively named head of state, these powers are normally carried out by a head of state
- For example, Trump issued a total of 143 pardons, 116 of which were done in January 2021 before Biden’s insurrection
12
Q
What are enumerated, implied and inherent powers?
A
Enumerated -
- These are explicitly granted in the constitution in Article 2, or delegated to the president by Congress
Implied -
- These are implied by the text of the Constitution
Inherent -
- These are not set out in the constitution but are needed by the President to carry out their constitutional role as head of the executive. Unlike implied powers, inherent powers are not linked to a specific power mentioned in the constitution, but rather they are inherent to the overall role of the President described in the Constitution
13
Q
What are informal presidential powers?
A
- These refer to the powers of the president that are not explicitly stated in the constitution or any of the legislative history - they are conventions on what the president can do and what the president can decide to do, notably in emergency
- They are powers implied and assumed by the president
14
Q
What is an electoral mandate?
A
- This refers to the duty the president has to the country to work for them as they have been elected as their representative
- They have been approved to act as they said they would during their time in office
15
Q
The informal powers of the president
A
- Public mandates
- Personal exercise of power
- Emergency powers - being able to use force, even if war is not declared by Congress
- Can make Executive agreements - not formal treaties to bypass the ratification of the Senate, becoming valid with a majority in both houses, making them easier to pass (NAFTA)
- To enforce the direction of agencies; they make appointments to further their political agenda, and so direct them
- Can make recommendations for laws - legislative initiative where Congress can refine the ideas that he wants to pass
- Can impound funds for projects - anything they do not want to happen they can negate funds from
- Pass executive orders
- Executive privilege - ability to keep information a secret (can be overturned by a court order)
16
Q
Factors that affect the success of the president
A
- Electoral mandate - Although Trump won the electoral college in a landslide, he lost the popular vote, and so despite having technical approval, the American people may not all back his messages, making some of his policies negative; Congress is the so-called ‘bad guy’ if the legislation proposed is ignored as the President has been given electoral permission to carry out his agenda
- Public approval - if the President is unable to pass policy favourable, he will not be re-elected, which is very damaging politically and without public approval he will give his opponents the ammunition to be voted in instead - amore adaptive president
- First / second term / lame duck - the changing nature of Congress means a majority can be quickly lost, and if the President has done badly legislatively and been unsuccessful, they may lose majority and therefore the President will be limited by a split Congress, complicating the process
- Unified / divided government - more success when legislation can easily be put through Congress and checks are not as strong, but the opposite occurs with divided government
- Crises - they have to act quickly, but this opens them to criticism - if an emergency decision proves to be wrong in the long term, this decreases public approval and election is endangered
17
Q
The political context of President Bill Clinton (1992 & 1996)
A
Mandate - Election Results 1992 - 43% votes (low) - 370 in EC House of Representatives Composition - 1992 - 267 - Dems - 167 – GOP - 1 Ind Senate Composition - 1992 - 57 Democrats - 43 GOP Main Issues in 1992 - - Health care reform - Midterm setback: GOP revolution
Mandate - Election Results 1996 - 49.2% of vote (low) - 379 EC House of Representatives Composition - 1992 - 230 GOP - 204 Dems - 1 Ind Senate Composition - 1996 - 53 GOP - 47 Dems Main Issues in 1996 - - Improving international relations - Finance - Expanding infrastructure and healthcare
18
Q
The political context of President George Bush (2000 & 2004)
A
Mandate - Election Results 2000 - 271 EC - 47.9% House of Representatives Composition - 2000 - 211 Dems - 223 GOP Senate Composition - 2000 - 50 Dems - 50 GOP Main Issues - 2000 - Iraq War - 9/11 Attacks
Mandate - Election Results - 2004 - 286 EC - 50.7% of the popular vote House of Representatives Composition - 2004 - 204 Dems - 229 GOP - 1 Ind Senate Composition - 2004 - 48 Dems - 51 GOP - 1 Ind Main Issues - 2004 - Iraq War - Economic focus - Subprime loans
19
Q
The political context of President Barack Obama (2008 & 2012)
A
Mandate - Election Results 2008 - 53.9% of the popular vote - 365 EC House of Representatives - 2008 - 233 Dems - 202 GOP Senate - 2008 - 44 Dems - 55 GOP - 1 Ind Main Issues - 2008 - Universal healthcare - Financial Crash
Mandate - Election Results 2012 - 51.5% of the popular vote - 332 EC House of Representatives - 2012 - 235 - Dems - 198 - GOP - 2 Ind Senate - 2012 - 48 Dems - 49 GOP - 2 Ind Main Issues - 2012 - Gun control - Obamacare - Same-sex marriage
20
Q
The political context of President Donald Trump (2016)
A
Mandate - Election Results 2016 - 304 EC - 46.1% of popular vote House of Representatives - 2016 - 241 Dems - 194 GOP Senate - 2016 - 45 Dems - 52 GOP - 2 Ind Main Issues - 2016 - The border wall with Mexico / Immigration - Repealing Obamacare - Getting troops out of Afghanistan - Taxes - Civil / domestic unrest with rights
21
Q
What are executive orders?
A
- Executive orders are directives issued by the president. Although not specifically mentioned in the constitution, they are justified by the president’s constitutional power to ‘take care that all laws are faithfully executed’ and, despite some restrictions they have the full force of law.
- They became controversial when they are used to bypass Congress, and some presidents have stretched the scope of executive orders to create wide-ranging laws without congressional approval.
- For example, in 1941, President Franklin D.Roosevelt used Executive Order 8802 to ban racial discrimination in companies bidding for government contracts. President Lyndon B. Johnson used executive order 11246 to require affirmative action to ensure equal treatment for racial minorities.
22
Q
Why are Executive Orders a powerful presidential tool?
A
- Executive orders are a powerful tool for US Presidents as they allow them to bypass the legislative process which is a long and cumbersome process, making them effective in times of crisis, emergency or when a law urgently needs to be passed, especially over controversial issues. It also allows the President to have some legislative power and to enact their preferred policy / mandate on issues they wish to solve and programmes they wish to implement.
- An example of a powerful executive order is the abolishment of racial segregation by Harry S Truman, EO 9981, and the Keystone pipeline protection provided by a Biden EO that allows a step towards tackling the climate crisis.
23
Q
What are the limitations on this power?
A
- Congress is able to veto this power
- Presidents are able to easily repeal orders made by their predecessors, meaning it can just become a political ping-pong of introducing and repealing the same orders, as they are not entrenched
24
Q
The relationship to the Cabinet
A
- The cabinet has existed since 1793 and is formed today of the head of the 15 departments of government, plus others that the president wishes to include
- Obama included the head of the Environment Protection Agency, the head of the Council of Economic Advisors, the UN Ambassador and the US Trade Representative-all of these speak to his personal beliefs or the issues he was facing in his presidency
- They are policy specialists and usually give advice on their specific department as opposed to general political advice
25
Q
Who becomes a member of the cabinet?
A
Cabinet members come from the following variety of backgrounds
- Former politicians; Hilary Clinton for example served as Obama’s secretary of State from 2009-2013, with Clinton having an exceptionally broad range of political experience due to being a former First Lady and Senator, and she also provided unity between the different factors of the Democratic party after she lost the 2008 presidential nomination to Obama
- Academics; Nobel-prize winning physicist Steven Chu was appointed secretary of energy by Obama
- Experts in their respective fields; Steven Munchin was secretary of the treasury during Trump’s presidency, having been a hedge fund manager and investment banker previously
- Military officers; Biden appointed retired general Lloyd Austin as secretary of defense in 2021
- Lobbyists; Trump was criticised following his appointment of former coal lobbyist Andrew Wheeler to head the Environmental Protection Agency in 2018
26
Q
Why is the cabinet composed the way it is?
A
- The makeup of a cabinet generally reflects the experience and perspective of the President, such as Bush appointing large numbers of business experts and CEOs to hs cabinet, but Obama choosing a highly academic cabinet with ⅔ of officers having attended an Ivy League University due to his teaching background
- Trump famously appointed more lobbyists and officers who had ‘made a fortune’ to his cabinet, with Biden promising to make his the ‘most diverse in history’ appointing the first African-American defense secretary, first female treasury secretary and the first openly gay cabinet officer
- The Constitution gives the cabinet sole executive authority, and so the members work for the President who does not have to take their advice; they are selected to be advisors on presidential policy and be loyal to the president
- Some have greater influence than others, possibly due to their public profile or a close political relationship with the President
- However, all serve at the discretion of the President and can be dismissed if the president is not satisfied by their performance, such as Trump sacking his secretary of state via Twitter in 2018
- Trump notably enjoyed ‘acting’ cabinet members as it gave him more flexibility of ideas
27
Q
What are cabinet meetings?
A
- Cabinet meetings are chaired by the president, meeting typically a few times a year, and the president will have individual meetings with cabinet officers, with the frequency of formal meetings depending on the wishes of the president - Obama often used his meetings to brief cabinet members in person and hearing their thoughts as they are not a forum for collective decision making like they are in the UK
- Meetings become less frequent as presidential terms continue, because they do not need their advice specifically; less political experience often correlates to more frequent meetings
