US Presidency Flashcards
3 Formal powers of US president
Head of State
Head of government
Commander in chief
Give 4 powers of President as head of state
Attending global summits and representing country
Making treaties
Making speeches to and on behalf of the nation
Granting pardons
Give 4 powers of President as head of government
Appointing judges and cabinet
Suggesting, signing and vetoing legislation
Executing federal legislation
State of the union address
Explain the term ‘commander in chief’ and give examples
Heads the armed forces, is responsible for defence of USA and US intervention abroad.
e.g. US withdrawal from Afghanistan
Give some examples of presidential pardons
Obama - Chelsea Manning
Trump - former advisors and employees - Paul Manafort, Roger Stone, Michael Flynn, Stephen K. Bannon
List 5 sources of informal presidential power
Executive orders
Electoral mandate
EXOP
Powers of persuasion
Events
Explain executive orders
The president can issue direct executive orders or commands. These are not new legislation but have a similar effect. Presidents can use them in times of emergency (e.g. floods) but increasingly have used them to bypass congress when there is divided government
Give 2 examples of executive orders
Obama - Gun restrictions, Immigration reform
Trump - Travel ban from Muslim-majority countries
Explain electoral mandate
A clear victory in an election demonstrates the presidents democratic popularity. Congress and other state legislator will often be more willing to obey a popular president as they might wish to be seen as following the will of the people. Likewise, an unpopular president might struggle to get legislation through.
Give some examples of when electoral mandate has impacted presidential influence
Obama - clear victory in 2008 - got obamacare through congress
Trump - less votes than Clinton in 2016 - could not repeal Obamacare. Also could not build wall between USA and Mexico
Explain the term ‘powers of persuasion’
The president by nature of being head of state will find it very easy to get people’s attention. e.g. State of the Union, TV time, newspaper columns, inviting people to whitehouse. This can give them an advantage by using this ‘bully pulpit’ to influence members of congress to pass their legislation. This power of persuasion has sometimes led to the president being called the ‘bargainer in chief’
Why does the president often have to rely on ‘the power of persuasion’
The constition includes many ‘checks and balances’ on the powers of the president. Thus, a president who can persuade congress and state officials to follow their lead can be very powerful. Others who fail may be seen as a ‘lame duck’ - a president with no power.
Why might Obama be seen as both a powerful president AND a lame duck?
When first elected in 2008, huge popularity. Democrat majority in both houses - passed Obamacare.
By 2015, divided government, term limits mean time was coming to end. Big opposition in congress e.g. Tea Party, Trump was questioning Obama’s citizenship, and he was struggling with Gun law reform. Bitpartisanship significantly decreased during his time in office.
What are 3 parts of the exop and what do the acronyms stand for?
EXOP - executive office of president
OMB - office of management and budget
WHO - white house office
NSC - National security council
Give an example of when an event has boosted presidential power
Normally wars or terror attacks will ‘rally people around the flag’ and people will be more likely to support their head of state- the president. For example, Bush ‘43 received a HUGE boost in popularity after the 9/11 attacks and the subsequent war in Iraq
Give 3 facts about the EXOP
Created following the Brownlow report saying “The president needs some help”
Created in 1937
Contains the NSC, OMB and WHO
Give 5 facts about NSC
Created in 1947
Co-ordinates military, foreign policy and security info for the president
Headed by national security advisor
Importance depends on the president - some prefer to rely on the state department (cabinet) instead
Most contraversial leader was Steve Bannon
Give 5 facts about OMB
Established in 1970
Advises president on federal spending
Financial director confirmed by senate
Ensures all presidential initiatives are budgeted
Trump director in 2017 said that a ‘good shutdown’ might be needed
Give 6 facts about WHO
Most trusted presidential advisors
Headed by the chief of staff
Includes the press secretary
Acts as a link between president and cabinet members
Control access to president (setting calendar)
Can act on behalf of the president - e.g. giving interviews on their behalf
Name 5 factors that impact the relationship between the president and congress
The separation of powers
Separate mandates
Presidents popularity
Divided Government
Executive Orders
Why does the separation of powers impact the relationship between the president and congress
Ultimately the president needs the support of congress to:
* fund expenditure (no gvt shutdowns!)
* pass legislation
* approve military actions/treaties etc
* approve cabinet/judicial appts
Why do separate mandates impact the relationship between the president and congress
Members of congress have their own mandate from their own constituents. This can impact whether they support the president. For example:
* Their state may have voted against the current president
* They have been elected more recently than the president (2 year terms in HoR)
* They may be concerned about their own re-election if they support a contraversial presidential bill
Why does presidential popularity impact the relationship between the president and congress
A popular president is often more effective at using their powers of persuasion to get congressional members to work with them. However, a lack of bipartisanship is curtailing this impact to some extent.
Why does divided govenment impact the relationship between the president and congress
The party that controls congress has more chance at passing or blocking legislation. Whilst unified government doesn’t guarantee that legislation will pass, it has a much better chance - e.g. Obamacare. The current Senate is very evenly split which makes individual senators VERY important as every vote counts!
Why do executive orders impact the relationship between the president and congress
Congress often gets upset when presidents use executive orders to bypass their checks and balances.
Likewise, when congress blocks a president they often resort to executive orders.
e.g. Emancipation proclaimation, Creation of manhattan project, closing guantanamo bay (and reopening it). Trump’s travel ban from Muslim countries.
Name 3 factors that impact the relationship between the president and Supreme court
Judicial Review
Public criticism
Appointments
Why does judicial review impact the relationship between the president and the Supreme Court
The court can frustrate the president by ruling against his orders or legislation. e.g. SC blocked Bidens plan requiring workers to be vaccinated. Also SC allowed Trumps tax returns to be released (eventually).
Why does public criticism impact the relationship between the president and the Supreme Court
Both the judges and the presidents have become more willing to give interviews and articles where they appear to criticise each other. Obama famously criticised the judges during a state of the union address. The SC judges also gave a lot of interviews after overturning Roe vs Wade
Why does appointments impact the relationship between the president and the Supreme Court
Presidents get to appoint the next Supreme Court judges when one resigns or dies. They often appoint judges who align with their own political beliefs. e.g. Trump appointed Brett Kavanagh and Amy Cohen-Barrett who are both known to be religious, right wingers. In this way, the relationship between future presidents changes based on the current makeup of the court.
List 5 limitations on presidential power
Constitutional checks and balances (i.e. everything involving congress and judiciary)
Events
Popularity (the coat-tails effect)
Mid-term elections (can change to divided gvt or weaken majority)
The electoral cycle (close to the end gets weaker)
Bill Clinton: Name 5 key successess
- Economic Growth
- Brought down budget deficit
- Some gun control with background checks
- Reduced size of federal gvt
- A number of key environmental policies (through executive orders and legislation)
Bill Clinton: Name 5 key failures
- Failed to introduce affordable healthcare
- Some foreign policy failures (did not prevent wars in Somalia)
- 1995/6 gvt shutdown due to disagreements with congress
- Failed to extend gay rights (e.g. gay people could not be ‘out’ in the military)
- Monica Lewinski sex scandal which ended up with president being impeached for lying under oath.
Bush ‘43: Name 5 key successes
- Passed the patriot act and began the ‘war on terror’.
- Passed the ‘no child left behind’ education reform act (with bipartisan support)
- Some short term policy successes in Iraq and Afghanistan
- Reduced taxes
- increased defence spending
Bush ‘43: Name 5 key failures
- Failed to make progress with help for the elderly
*Terrible response to hurricane Katrina - Long term problems with Iraq, Afghanistand and guantanamo bay
- in office during start of financial crisis and significant recession
- Human rights contraversies (torture & waterboarding
Obama - 5 key successes
- Healthcare reform (affordable care act - Obamacare)
- Withdrew troops from Iraq
- Effective economic stimulus measures
- Gay rights reform
- First Black president
Obama - 5 key failures
Failed to close guantanamo bay (despite executive order)
Failed to get gun reform (after sandyhook school shooting)
Failed to acheive significant immigration reform (DAPA/DACA - the ‘dreamers’)
Healthcare was less significant than initially proposed
Failed to increase minimum wage
Trump - 5 key successes
- significant tax reform (tax cuts for corporations and the rich)
- Established new branch of military - space force
- Strong economic performance and stock markets (until COVID)
Military success against ISIS
Briefly improved relations with North Korea
Trump - 5 key failures
Failed to ‘repeal and replace’ Obamacare
Poor handling of Covid-19 Crisis
Failed to build promised border wall with mexico - and mexico didn’t pay for it.
Failed to implement most immigration reforms
Struggled with universal popularity and lost after one term. Claimed election was fraudulant.
What does the phrase ‘imperial president’ mean?
That the president has become much more powerful than initially wanted by the framers of constitution.
This also implies that the checks and balances on the president have become ineffective.
The phrase ‘imperial president’ comes from a 1974 book about the rise of the presidency.
Give 4 reasons why the president might have become ‘imperial’
Executive orders - instead of legislation. Executive agreements - instead of treaties.
Signing bills or refusing to sign bills.
Abuse of the pardon system.
The use of military intervention without congressional approval - Congress hasn’t declared war since 1941
Give 3 reasons why the presidency might be ‘imperilled’
- Executive agreements (with other countries) expire after one presidential term
- Congress control funding power of the purse - which means congress can control military intervention by withdrawing funding from it - e.g. Vietnam
Executive orders can be ruled unconstitutional or illegal by the courts - This is what happened to Trumps travel ban.
Are most presidents ‘imperial’ or imperilled’?
The truth is that most are both depending on
-how long they have been in power
-their popularity
-divided gvt
etc
But Nixon, JFK, Roosevelt (new deal) were seen as the height of presidential power
Is foreign policy controlled by the president or congress - what are the 3 topic headings for this answer?
Constitutional reasons, Practical reasons, Political reasons.
Is foreign policy controlled by the president or congress? Answer: President - constitutional. 3 reasons.
Constitutional
1. US president is commander in chief
2. The president appoints military positions in cabinet (e.g defence secretary)
3. As head of state, the president meets with other world leaders, negotiates treaties and receives ambassadors.
Is foreign policy controlled by the president or congress? Answer: President - Practical. 1 reason - with examples.
Modern warfare relies far more on military operations (e.g. air strikes in Afghanistan) without requiring a formal congressional declaration of war.
Likewise American support for other military action (e.g. Supporting Ukraine, Israel), doesn’t require congressional approval.
Is foreign policy controlled by the president or congress? Answer: President - Political - 2 reason with examples.
- The presidents personal mandate and role as head of state gives them significant authority (note authority is not the same as power).
The public is often critical of those who undermine the president at times of war. E.g. Bush ‘43 was able to command a lot of Authority during Iraq war. BUT if military action is unpopular, Presidential authority is damaged. e.g. Biden’s awkward withdrawal from Afghanisatan. Vietnam war. - Presidents often spend more time on foreign affairs as they can be regularly blocked by congress on domestic affairs. (divided government).
Is foreign policy controlled by the president or congress? Answer: Congress - Constitutional - 4 reasons.
- Congress has the formal power to declare war.
- Congress has the “power of the purse” and can cut funding for military action
- The senate has to approve treaties and cabinet appointments
- The war powers resolution 1973
What is the war powers resolution 1973
Requires congressional approval for military actions that last longer than 60 days. It was one example of how the presidency was restricted during the Nixon administration. It is also an example of a bill which was veto’d and counter-veto’d with a super majority.
However, some argue the act has never actually been sucessful and may be unconstitutional as it infringes on the presidents ‘commander in chief’ role.
Is foreign policy controlled by the president or congress? Answer: Congress - Political. 2 reasons.
- Senators and Representatives have their own mandates which may be more recent than the presidents. The may have significant experience in foreign affairs (e.g. soldiers, diplomats, business). They may have also served on relevant congressionl committees which gives them significant authoirty on the issue.
- Presidents may use congressional approval for military action as a way of avoiding personal responsibility for the action. e.g. Obama consulted congress over action in Syria even though there was no constitutional need to do so.
Is foreign policy controlled by the president or congress? Answer: Congress - Practical. 1 reason.
By using the condsitutional power of the purpose, congress can effectively end presidential military action. The most famous example of this is congress ending the vietnam war by withdrawing all military action for it.
What is the opening line of Article II
“The executive Power shall be vested in a President of the United States of America”. This line created the American president.
How might the presidential role of Head of State vs Head of Government demonstrate the varied role of the US president.
The ‘head of state’ is more of a ‘public figure’ - attending global summits, meeting world leaders.
The head of government is more of a ‘political figure’ - attempting to influence domestic politics by legislative role and appointing cabinet to run the country.
Who was Steve Bannon and what was his role in the NSC?
Trump appointed SB to NSC in 2017. This was highly unusual as SB had no NSC experience and was a chief political strategist (a bit like a SPAD).
Some felt this was making the NSC a political tool rather than a ‘honest broker’ of security intelligence. However, Bannon only lasted 4 months in the role.
