US presidency Flashcards
What article of the US constitution outlined the powers of the presidency
The constitution outlines the requirements that must be met before someone can become a president. Article 2 of the constitution - ‘Powers of the President’ states that the presidents power as being commander in chief, the ability to make pardons and reprieves, make treaties, appoint ambassadors, judges and officials and make recess appointments. However, the article also outlines the restrictions made on the executive through the separation of powers as the legislature congress can place restrictions and similarly the judiciary with the supreme court.
What did the founding fathers essentially desire in relation to the constitution’s framework?
Founding fathers had largely feared tyranny from a strong executive branch or monarchical absolutism as experienced by the British. Hence, when writing the constitution and article 2 they make both restrictions on becoming president and limits to the presidential powers through threats such as impeachment. Thomas Jefferson largely hoped the article would ‘bind the president down from mischief by the chains of the constitution’.
Explain Article 2 of the presidency and the constitution in more depth in relation to the sections.
Section 1 - Nature of the Presidency
- outlines the executive power vested in the president, four year terms explanation of presidential elections with electoral college, and the requirement for the president to be at least 35 years old born in America and a resident of America for 14 years. (Obama faced controversy over his birth certificate/ citizenship when running and as a president)
Section 2 - Powers of the President
- outlines that the president is commander-in-chief, he requires the opinion of heads of departments, pardons and reprieves, appoint ambassadors, recess appointments
Section 3 - Responsibilities of the President
- State of the union address to congress, contravene special sessions of congress, receive ambassadors and faithfully execute law (sign law)
Section 4 - Impeachment
Impeachment for ‘Treason, Bribery or other high crimes and misdemeanours
(Trump and Clinton e.g. Monica Lewinsky had many cases were they nearly were impeached)
Why is there debate over article 2’s opening sentence that the power is vested in singularly in a president?
There is debate among political commentators on whether power is truly vested in the president as although the president alone wields and is accountable for the power of the executive and federal bureaucracy. e.g. 2018 executive branch of government contained 2 million civilian employees and 1.5 million uniformed military employees. It is largely argued that the presidency today is bigger than one person through his administration and whether the president’s power is rather to persuade as he faces restrictions for these powers
According to the constitution what two types of power that the president possess?
The president has two types of power which are expressed/enumerated and implied powers which are explicitly listed and written such as the president has the power to be commander in chief and use other powers which are implied in the constitution or seen as a necessary in a certain situation.
state types of enumerated power
ENUMERATED POWERS
- commander in chief
- negotiate treaties
- state of the union address
- appoint ambassadors, judges, officers of the US
- recess appointments
- pardon
- convene special sessions of congress
- approve or veto legislation
state types of implied powers
IMPLIED POWERS
- establish a cabinet
- executive agreement
- executive orders
- executive privilege
What are the nine powers the constitution gives to the president?
- propose legislation
- sign legislation
- veto legislation
- act as a chief executive
- nominate executive branch officials
- nominate federal judges
- act in commander-in-chief
Explain the president’s power to propose legislation
Presidents can propose legislation at any time by for example calling a press conference or making an announcement at a public event, but most presidents use the annual state of the union address to congress to propose legislation e.g. Obama in 2013 proposed legislation in relation to job creation, immigration reform, increase in federal minimum wage
- This power also includes submission of annual budget, which is essentially another piece of legislation. The Office of Management and Budget (OMB) which is part of the P’s bureaucracy, which is known as the Executive Office of the President (EXOP) draws up the budget for the president which is submitted to Congress.
Explain the president’s power to sign legislation
Presidents can sign legislation as once bills have been passed through a lengthy and complicated legislative process in Congress - they land on the president’s desk. Elaborated bill-signing ceremonies are often held for the P to claim credit, attended by House and Senate members and lawmakers who had helped shape the bill
Explain the president’s power to veto legislation
The president has the option to veto legislation and send it back to Congress with his objections. The veto is a very blunt political tool and even the threat of a veto is significant presidential power - often enabling him to shape the legislation before it gets to him. However, a president must be wary of using the veto too often as he relies on Congress to get his own legislative agenda through.
Equally, if congress is able to override the veto, it makes the president look weak.
Examples:
Bush had four out of his 12 vetoes overridden but in most cases presidents are still able to prevail as Obama won 11 out of 12 (2009-17).
Trump signed a $1.3 trillion spending bill just hours after he threatened on twitter to veto it - this may undermine the impact of other veto threats that the president makes.
The president also has the power of a pocket veto at his disposal which can only be used at the end of a congressional session and these cannot be overridden by congress.
The use and success of a veto can be partly explained by which party controls each branch of government - they are more commonly used and overridden in times of divided government
Explain the president’s power to act as a chief executive
The president has the power to act as chief executive in the opening 15 words of Article 2 of the constitution which grants the president all the executive power. This makes the president the chief executive as they are in charge of running the executive branch of federal government.
President’s also has the power to delegate power to cabinet and other government department and agency heads.
Presidents also have their own bureaucracy as the EXOP helps them to coordinate the work of federal government.
The most common form of executive action is executive orders: directions to the federal bureaucracy regarding the enforcement of legislation; this allows the president to ‘faithfully execute’ the laws that have been passed by congress and therefore these orders are the force of law. However, executive orders cannot be used to make create new legislation. In trump’s presidential campaign, he railed against executive orders and criticised Obama’s use of them yet he ended his first 100 days, having signed more executive orders than any other president since WW2.
Executive memoranda’s are similar to orders, but there is no formal process for how an executive memoranda is issued by a President. Unlike executive orders, these are not recorded in the Federal Register and are not numbered.
Like executive orders, presidential proclamations are numbered and recorded to people outside of the executive branch. They have been historically significant but today are ceremonial e.g. declaring a national emergency, directing flags to be flown at half-mast and highlighting days of importance
Explain the president’s power to nominate executive branch officials
The president has the power to appoint 4,000 officials to the executive branch of government with an approx. 1,200 of these requiring senate approval/confirmation. The most important of these cabinet positions are the heads of 15 executive departments, such as the Treasury, state and agriculture.
- Lower-level officials such as ambassadors, agency heads and members of regulatory commissions are also appointed. Appointments are made throughout the president’s terms of office.
- The senate must also confirm all these appointments by a simple majority vote.
- The president is also given the power of ‘recess appointments’ which allows the president to make temporary appointments to vacancies which would usually require senate approval but which he cannot get because the senate is in recess - these appointments expire at the end of the next session of the senate and then the president must formally nominate the person he has chosen. This aimed to try and prevent the president from circumventing the senate’s powers by waiting for the senate to go on recess and filing the vacancy that he wanted.
Explain the president’s power to nominate federal judges
Nomination of judges involve the president to make hundreds of appointments including filling vacancies on the federal supreme court but also on the federal trial (district) and appeal (circuit) courts.
All judicial appointments are for life and therefore assume a special importance
They must be confirmed by a simple majority vote in the senate
Explain the president’s power to act as commander-in-chief
As commander-in-chief, the president is constitutionally the head of an army and navy and today, the air force, marines and coast guard. This power was particularly important for president’s in office from the 1940s to the 1980s as presidents were seen as playing a highly significant role as commander-in-chief (ww2, Korea, Cuba, Vietnam and the cold war). Then in 1991, George H.W bush in the gulf war. However, the events of 11 September 2001 thrust George W Bush into the role of a wartime president.
In his eight years of office, Obama found himself drawn into foreign crises in Iraq, Afghanistan, Libya and Syria as well as managing highly sensitive relationships with Israel, Russia and Cuba. The constitution gives congress the power to declare war, but that power has not been used since 1941 - the president now asks congress to authorise his use of troops.
A stark reminder of the President’s commander in chief role is whenever the president travels away from the White House, a specially modified briefcase is carried by a military officer so that the president has immediate access to the nuclear codes should prove necessary
Explain the president’s power to negotiate treaties
The president has the power to negotiate treaties as the president’s seal of office shows an eagle clutching a bundle of arrows in one claw, symbolising the commander-in-chief role and an olive branch in the other to symbolise his peace-making role
Modern day presidents have used this power to negotiate treaties (including executive agreements) such as the strategic arms Reduction Treaty (Reagan), the Chemical weapons Ban (George W.H Bush) and nuclear arms treaty with Russia (Obama)
The presidents power is checked by the senate, which must ratify treaties with a two-third majority (senate)
Explain the president’s power to pardon
The president possesses the power of pardon and reprieve and use it varying degrees of frequency. The right to pardon people is where the president can forgive a person for a federal crime - effectively making it as if a crime had never occurred. The only thing that cannot be pardoned is impeachment.
It is a controversial power, especially when used to benefit close friends and supporters in 1974, Ford pardoned his predecessor, Nixon over all Watergate related matters and Clinton caused a storm in his final day in office 2001, when he pardoned 140 people using fugitive whose former wife had made large monetary donations to Clinton’s elections campaign.
The granting of reprieves today has evolved to mean ‘commutations’. While pardons are usually issued after someone has served their sentence. commutations can be used to free people from a current sentence. They do not change the guilt of a person but do remove or reduce the sentence the person has recieved
Explain the president’s role as the head of state and head of government
The president’s role of head of state and head of government are separate in many countries. In constitutional monarchies, such as the UK, the prime minister is the head of government while the monarch is the head of state. In republics such as France, the president is the head of state and the prime minister is the head of government. In the US however, the president fulfils both of these roles and performs all of these formal constitutional functions, as well as performing the role of head of state. This makes it difficult to separate the powers neatly into these two roles as the constitution does not make a distinction and there is an overlap. Traditionally, heads of state carry out ceremonial roles, having greater oversight over foreign policy and hold the highest ranking position in their state. Heads of government deal with domestic policy, the national budget and preside over the cabinet and executive branch.
Explain the president’s role as head of state
In addition to the power of the pardon and reception of ambassadors, the president carries out other functions as the head of state. He attends world summits and events such as the G7 and the G20 as a representative of the US and to broker deals and treaties on behalf of the US. He also carries out ceremonial duties; this is most clearly seen in times of national tragedy when the president takes on the role of comforter-in-chief, sometimes of mourner-in-chief e.g. Bush in the weeks following the attacks of 9/11 and for obama, the devastation caused by Hurricane Sandy in 2012 and after the killing of 20 children and 6 adults at Sandy Hook Elementary School in Connecticut in the same year. Also, less serious ceremonial duties have no constitutional basis, such as the annual pardoning of the turkey or throwing the first ball of the season on the Opening Day of the US baseball season.
Explain the president’s role as head of government
As a head of government, the president heads up the executive branch. He is responsible for the organisation of EXOP and presides over the cabinet and by extension over the federal bureaucracy. He can use executive actions to ensure that US laws are carried out effectively and has the right to sign and veto legislation that he sees fit.
Explain the overlapping powers of president
OVERLAPPING POWERS -
A number of these powers have aspects associated with both head of state and head of government or have an impact on both foreign and domestic policy.
Commander-in-chief - As the representative of the US to the world and with the war not having being declared since 1942, this role allows the president as head of state to involved the use in foreign military action. It has a domestic role too, however, more in keeping with the head of government role, with the president using troops to respond to natural disasters and crises that emerge within US.
Recognising countries - as an extension of the role of receiving ambassadors, this role is more in keeping with the global role of the P and therefore as head of state. However, in recognising which countries the US is willing to work with the president is effectively opens trade opportunities which has a direct impact on the US domestic economy
State of the Union address - As the chief legislator, this opportunity for the president to shape domestic policy helps him to fulfil his role as the head of government. Such speeches in other countries, however, are often given by the Queen’s speech in the Uk
Making treaties - Similar to recognising countries by making treaties the president is acting on the US representative to the world but the treaties made will often have a direct impact on the US domestic economy.
It is therefore difficult to discern an absolute distinction between these two roles for the President. However, the roles he had as head of state or those to do with foreign policy are often subject to fewer checks. Those as head of government or to do with domestic policy often have more checks from other branches of government.
Explain the case example of Obama introducing DACA
Obama made numerous requests to congress to pass immigration reform during his time in office, mentioning it in at least five of his state of union addresses. However, despite bipartisan efforts in the senate no such reform made it through congress. In 2012, Obama used an executive memorandum to introduce DACA, protecting those who met certain conditions from deportation. In 2014, he extended this cover and introduced this cover and introduced additional protections for parents of children born in America but who were not themselves American - the Deferred Actions for Parents (DAPA). Together, these would have protected from deportation nearly 11 million people who lacked proper documentation.
However, these 2014 additions were challenged in the Supreme Court in the case of Texas v United States (2016). The supreme court, lacking a member following the death of Antonin Scalia, divided 4-4 on the case, which effectively overturned Obama’s executive memoranda - ‘the judgement is affirmed by an equally divided Court’. In the event of split ruling, the ruling on the case issued by a lower court is that one that stands. In this case, lower court had ruled against Obama, and so the divided court upheld or ‘affirmed’, that ruling. He described this as ‘heart-breaking for the millions of immigrants who’ve made their lives here’
Explain the case of example of Chelsea Manning
In 2010, while Chelsea Manning was serving in the US military, she leaked classified military intelligence to Wikileaks. Some of the documentation released showed the atrocities of the war in Iraq, and Afghanistan and Manning said she released the documents so that Americans could ‘see what I was seeing’ and understand the realities of the wars. She was arrested and charged with a range of crimes including ‘aiding the enemy’ which carried a maximum penalty of death. In 2013, she was acquitted of this crime but she was found guilty of the 21 remaining charges either fully or partially and sentenced to 25 years in prison. Just days before he left office, Obama commuted the sentence for Manning saying that he was ‘very comfortable that justice had been served’
state the informal sources of presidential power
- the cabinet
- powers of persuasion
- vice president
- EXOP
- the office of management and budget (OMB)
- The national security council (NSC)
- The white house of office (WHO)