US - Presidency Flashcards
Formal sources of presidential power as outlined in Article 2 and their uses:
Proposing legislation:
- The President can propose legislation to Congress, but can’t pass laws himself.
- He can do this through the State of the Union Address, or a press conference, or an announcement.
- *EX: Trump SoU 2017:**
- He asked Congress to limit healthcare spending and Obamacare, and to stop spending money on health for ‘illegal aliens’.
- He called for bi-partisan legislation to lower prescription drug prices.
- He asked Congress to pass the education freedom scholarships and opportunities act.
Formal sources of presidential power as outlined in Article 2 and their uses:
Submitting the annual budget:
- The annual budget is drawn up by the Office of Management of the Budget (OMB), which is part of EXOP, and the President submits it to Congress.
EX: In 2013, the gov shutdown for 17 days as the Rep House refused to pass more funding for Obamacare.
EX: In 2018/19, the gov shutdown for 35 as the Dam House refused to pass $5.7bn funding for the border wall.
Formal sources of presidential power as outlined in Article 2 and their uses:
Signing legislation:
- When a bill becomes law, the President will take credit for it by having a signing ceremony, inviting relevant congress-members, IGs, EXOP members, etc.
- EX: For the signing ceremony of Obamacare, senior Dems were there, Ted Kennedy’s widow and an 11 year old campaigner.
Formal sources of presidential power as outlined in Article 2 and their uses:
Power of the veto:
- The President has the power to veto legislation, (inc the pocket veto that Congress can’t override).
- This is a powerful threat, although rarely ever used.
- Congress also has the power to override it with a ⅔ vote, but they almost never do this.
- EX: Presidents since 1992
- Clinton: 37 vetoes, 2 overriden
- GWB: 12 vetoes, 4 overriden
- Obama: 12 vetoes, 1 overriden
- Trump: 10 vetoes, 1 overriden
- EX: Obama’s override on JASTA 2016 (a bill allowing people affected by terrorism to sue the Saudi govt). He vetoed it to make the point that FP with Saudi was more important, but it was overridden as Congress initially passed it by a large majority, and so it was easy to get a ⅔ override. He was also weak, as it was in his last year in office.
- EX: GWB had 12 vetoes, and he used 11 of them between 2007 and 2008, which is the only time that he had a divided govt (both houses Dem). This shows that the veto power is only useful in times of divided govt.
Formal sources of presidential power as outlined in Article 2 and their uses:
Act as Chief Executive:
- Article 2 gives the President “all executive power”, meaning he runs the executive branch.
- But, modern Presidents have needed EXOP as the job is so big (inc budget office, national security office, economic advisors).
- This gives EXOP a lot of power, and esp the Chief of Staff.
Formal sources of presidential power as outlined in Article 2 and their uses:
Nominating executive branch officials
- There are 100s, but the main are the 15 secretaries (of the 15 executive departments - state, agriculture, education, defence, commerce, etc).
- This also includes lower level officials in the departments, ambassadors, agency heads (CIA, FBI, NSA), etc.
- The senate confirms these appointments with a simple majority.
- EX: Anthony Lake 1996 (Clinton) was rejected for Director of Central Intelligence.
- EX: Susan Rice 2012 (Obama) was rejected as Sec of State, so Obama made her NSA instead.
- EX: Andrew Puzder 2016 (Trump) was rejected as Sec of Labor, after sexual harassment and wage theft claims.
- EX: Ronny Jackson 2018 (Trump) was rejected as Sec for Veterinary Affairs, due to lack of experience (he was Trump’s doctor before).
Formal sources of presidential power as outlined in Article 2 and their uses:
Nominating federal judges:
- This includes SC and lower courts. These are all for life.
- The Senate confirms this by a simple majority.
- EX: Clinton with Breyer and RBG, GWB with Roberts and Alito, Obama with Sotomayor and Kagan, Trump with Gorsuch, Barrett and Kavanaugh, Biden with Jackson.
- EX: Notable failures are Garland (Obama), Miers (GWB) and Roberts first time (GWB).
Formal sources of presidential power as outlined in Article 2 and their uses:
Acting as Commander in Chief:
- The President leads the US in FP and conflict as Commander in Chief.
- This was significant during the Cold War (from Truman to Reagan).
- Then again significant for GWB with 9/11.
- Although it is only Congress that can officially declare war, the President has the power to ‘authorise military action’ without their approval.
- Congress has not declared war since Vietnam.
- EX: Obama last authorised military action in Libya in 2011 (under the War Powers Resolution Act 1973).
Formal sources of presidential power as outlined in Article 2 and their uses:
Negotiating treaties:
- Presidents negotiate treaties, but the senate must approve them with a ⅔ majority.
- The last treaty passed was NATO in 1949.
- The last treaty rejected was the Convention on Rights of Disabled Persons/Persons with Disabilities in 2012.
- However, as a ⅔ vote is so hard to get, President just use EAs now instead to bypass Congress (2015 Paris accord, Iran Nuclear Deal 2015, etc).
Formal sources of presidential power as outlined in Article 2 and their uses:
Power of pardon:
- They can pardon any crime of a US citizen.
- EX: Ford pardoned Nixon for his role in Watergate.
- EX: Clinton pardoned 140 people on his last day in office (including a tax evader and donator to him, Mark Rich)
- EX: Obama pardoned 212 people, most people in prison for minor drug charges.
- EX: Trump pardoned his 2016 NSA Michael Flynn in 2020, who lied to Congress about Russian involvement in the 2016 election (which he was in prison for).
Formal sources of presidential power as outlined in Article 2 and their uses:
Role as Head of State:
- This is the role of the chief public representative of the nation.
- They act as Head of State esp in times of national tragedy.
- EX: GWB in 9/11 (but unsuccessfully after Hurricane Katrina).
- EX: Obama after Hurricane Sandy and the Sandy hook
- EX: Trump was less successful, after the Charlottesville violent protests in 2017, saying there were “fine people on both sides”.
Formal sources of presidential power as outlined in Article 2 and their uses:
Head of government:
This role includes:
- Acting as chief executive
- Acting as chief diplomat
- Acting as chief policy-maker
- Acting as commander in chief
- Nominating federal judges
- Nominating exec branch officials
- Vetoing legislation
- Signing legislation into law
- Negotiating treaties
Formal sources of presidential power as outlined in Article 2 and their uses:
Significance of powers since 1992:
Important powers:
- Signing legislation
- Submitting the annual budget (money rules politics)
- Acting as Chief Executive (EXOP is important)
- Acting as Commander in Chief (can bring the nation together and change FP).
- Role as Head of State (can bring the nation together)
- Role as Head of Govt (encompasses many significant powers)
Unimportant powers:
- Power of the veto (not used frequently)
- Proposing legislation (this is only the power of persuasion, congress has the real power).
- Negotiating treaties (done by EAs now)
- Power of the pardon (not done for any real significant purpose, only affect the people pardoned).
Dependent powers:
- Nominating judges (depends on the makeup of govt)
- Nominating exec branch officials (depends on the makeup of govt)
Informal sources of presidential power and their use:
The power through organisations or individuals:
The VP
- The VP is usually chosen to ‘balance out the ticket’ and make the pair more electable.
- EX: Obama chose the older, white, Senate veteran Joe Biden.
- EX: Biden chose the young, black, woman Kamala Harris.
- EX: Trump as an outsider chose former representative and governor Mike Pence.
The ways the president can exercise power through the VP:
- The VP is the presiding officer of the Senate (recognises the members and gives them legitimacy) - this is a ceremonial role.
- Breaks a tied vote in the Senate (esp relevant now)
- EX: Harris in 2022 broke the tie to pass Biden’s COVID recovery budget reconciliation of $900bn.
- EX: Pence in 2017 broke the tie and confirmed Betsy DeVos for Education Sec.
- Becoming President if they die/resign/are impeached - (Gerald Ford, LBJ)
- Acting President when the President is unavailable - (GWB had an operation and Cheney became President for a day).
Although, Jack Gardner (VP for FDR) said the role “was not worth a bucket of warm spit”. Jack Watson (chief of staff for Carter) said the role was “javelin catcher”.
In practice:
- The VP can vote to secure the president’s agenda (like Harris does).
- They can lend more legitimacy to the President (demographically and through political support).
- The VP can also have official roles in the exec (Biden under Obama was the chief of FP).
Informal sources of presidential power and their use:
The power through organisations or individuals:
The Cabinet
- There are 15 secretaries for the departments of the exec, who are selected by and help the president with running the federal govt. The President can also elevate other positions to cabinet-rank (ambassador to the UN)
- Article 2 says that the executive branch is vested in the single POTUS, but they may have cabinet to help them.
- The President has ultimate power over them as:
- He may decide not to take their advice (doesn’t need their confirmation).
- They can only give verbal/written advice, not official action.
- He doesn’t need to hold cabinet meetings (GWB held 6/y, Obama 4, Trump 12 - Trump used his meetings to boast about his accomplishments and criticise his opponents).
- They can only discuss their respective areas.
- The members are often former congress-members, or area specialists (Obama’s Sec of energy was Stephen Chu, a uni professor and physicist).
- They all must be confirmed by the Senate (last official rejection was in 1989 - John Tower as Defence Sec).
- Cabinet meetings are useless (“they were often a waste of time” - Cabinet member of GWB), but they do have some purposes for the president:
- The president can appear consultive.
- They can check up on legislation.
- They can strengthen relations in the exec.
- They can discuss major issues (budget/elections)
- They can prompt action (Obama pushing his Sec of Defence on Guantanamo).
- The cabinet is powerful individually in their areas, but collectively not at all, as the President is really in charge (there is no equality).