US Presidency Flashcards

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1
Q

What is the Presidents role as Head of State (formal power) ?

A
  • They are the chief public representative of the country, meaning they fulfill ceremonial and diplomatic duties.
    EG: times of national tragedy when Bush unified the nation after the 9/11 attacks.
  • Rise of media allows President to deliver a wide US message and exert great influence over the public and Congress.
  • Role helps president have a national mandate to carry out policy goals.
    EG: Obama in 2012 after Sandy Hook he gave an emotional public address and visited the families, he used this as a springboard to push gun control legislation.
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2
Q

What is the Presidents role as Head of Government (formal power)?

A
  • Constitution says ‘Executive Power shall be vested in President of US’
    and this encompasses a huge number of roles and responsibilities
  • He controls the Cabinet, 15 cabinet departments and the Executive Office of the President (Obama created the White House Council on Native American affairs in 2013)
  • Makes over 3000 appointments (judges, cabinet, ambassadors etc)
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3
Q

List all the formal powers of the president

A

Head of state
Head of Government
Propose, sign, veto legislation
Commander in Chief
Nominates judges and executive branch officials
Power of pardon
Negotiates treaties
Submits annual budget

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4
Q

What is the significance of legislative powers and veto (formal power)?

A

Constitution states the president can give congress a state of the union address where he can recommend and ask congress to consider policy
Obama used 11 vetoes of which 1 was overrides and Trump used 10 of which 1 was overriden.

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5
Q

What is the electoral mandate (informal power)?

A
  • A political leader being given the right to govern by virtue of having won an election.
  • Mandate is strongest when a President has just won and weakest at the end of their term.
  • First two years Obama achieved budget stimulus and withdrawing troops from Iraq, but later became a ‘lame duck’, less mandate and Congress will ignore them.
  • President with control of both Houses has a strong mandate
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6
Q

What are executive orders (informal power)?

A
  • Legal orders made without a vote in Congress,
  • Some are uncontroversial such as Obama stopping CIA from carrying out torture
  • Some are controversial, president must not create hostility with Congress.

EG: Trump issued 32 in his first 100 days, one being the immigration ban from 7 countries. This was challenged in courts and by the Attorney general, Sally Yates, who Trump dismissed. These conflicts over EO led to Congress blocking Trump’s attempts to legislate and pass budgets.

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7
Q

How can national events dictate a presidents power?

A
  • If a president handles it well, their prestige will increase, such as Bush following 9/11.
  • They can distract/reduce the President’s devotion to other policies, such as Obama having to prioritise the economy following the 2008 banking crisis, over his own priorities like healthcare.
  • Trumps mishandling of COVID arguably cost him his re-election.
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8
Q

What is the cabinet (informal power)?

A
  • Includes the VP, heads of 15 executive departments and cabinet level officials
  • President appoints cabinet and can fire them if they clash.
  • Head of executive departments play a key role in helping the president make and execute policy
    EG: Obama’s presidency, John Kerry as Secretary of State took a central role in foreign policy, he worked on Israeli-Palestine peace accords and visited 11 times in a year.
  • The VP can influence presidential thinking, but there’s no constitutional requirement for the President to listen to them
    EG: Biden helped Obama draft gun legislation
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9
Q

What are powers of persuasion (informal power)?

A
  • As the President doesn’t have formal power to make Congress do what they please, they have to use powers of persuasion (personality, leadership, prestige) to succeed.
  • EG: some say Obama wasn’t decisive and forceful in pushing his agenda on gun control
    Trump’s fanatical support of his ‘base’ means he can threaten Republican members of Congress and state officials with challenges to their re-election.
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10
Q

What is the EXOP?

A
  • Executive office of the President which was created to stop the president from being overwhelmed.
  • They offer policy advice, manage the President’s diary, oversee departments and work with Congress to pass legislation.
  • White House, OMB and NSC are examples.
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11
Q

What is the National Security Council? (part of EXOP and informal)

A
  • Advises the President on national security and foreign policy issues through daily briefings, office is close to the Oval Office
  • Trump was criticised for politicising the council with the appointment of Steve Bannon, who would twist intelligence for his own ends taking away impartiality, he lasted 3 months. Michael Flynn lasted 24 days, he is renowned for pushing conspiracy theories.
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12
Q

What is the Office of Management and Budget (part of EXOP and informal)?

A
  • Advises the President on their annual budget, how this should be allocated and oversees the spending of federal departments.
  • They often lead on key policies EG: Mick Mulvaney when director of OMB led on attempts to repeal Obamacare.
  • But both Obama and Trump had a federal shut down by Congress over failure to pass their budget.
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13
Q

What is the White House Office (part of EXOP and informal) ?

A
  • Closest aids to the President, including Chief of Staff.
  • Chief of Staff has oversight of the whole EXOP and controls access to the President, they are often described as ‘deputy president’, making them an important choice
  • EG: During 9/11, Bush’s Chief of Staff Andrew Card was important as he told him ‘America is under attack’, which eventually lead to his united congress, high approval rating and 6 trillion dollar war on terror.
  • The Chief of Staff should be an ‘honest broker’. Trump has gotten through 4 of them as he was concerned that he has a WHO full of people that won’t contradict him and will go along with his impulses.
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14
Q

How does timing and popularity determine the relationship between the President and Congress?

A
  • If a popular president just won an election, Congress is unlikely to stand in their way.
  • If a popular president has shown great leadership in a significant event, Congress is likely to do their bidding and sign his cheques.
  • If your party took a beating in the mid-terms, President won’t really pass anything or set the agenda.
  • If president makes a mess of national event, Congress will distance themselves and scrutinise President’s mess.
  • Lame-duck presidents don’t get much done. This happens when president is at the end of their tenure, will soon be replaced and so has little legitimacy.
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15
Q

How does the separation of powers determine the relationship between the President and Congress?

A
  • Both the President and Congress receive separate mandates and both feel they have the right to govern. Congress is likely to be an active legislative branch that votes according to constituency views rather than president’s wishes. Congress can claim a stronger mandate as their mandate is renewed eery 2 years.
  • The presidents power of patronage is limited, separation of powers means president doesn’t have much authority and can’t promote or denote people.
  • There is possibility of divided government and so the President has to work in a bipartisan/compromise way if he wants to achieve anything or else gridlock!
  • A united Congress can override a presidential veto.
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15
Q

How does agenda setting determine the relationship between President and Congress?

A
  • Having just won the election it’s easy for a President to claim a national mandate and have Congress debate the issues they want them to.
    EG: in 2016 Trump wanted immigration reform, a wall and to repeal Obamacare, this then became an agenda for Congress as he had populist support and a strong mandate
  • This means President is seen as ‘chief legislator’.
  • However, Congress is a legislative body with a mandate too so they can also set a national agenda. It’s common when there’s divided government for Congress to set policy priorities of their own.
    EG: After 2010 midterms, Republican House Speaker, John Boehner set an alternative political agenda to the presidents, these rival agendas led to gridlock and federal gov being shut down in 2013.
16
Q

List the limits on presidential power

A
  • Presidential popularity
  • Events
  • Supreme Court
  • Election cycle and divided government
    (A president’s party tend to lose seats in the mid-term and this can result in them losing one or both Houses of Congress, happened to Trump in 2018 so he was restricted in passing’s legislation/budgets. But the Republicans kept the Senate so he could appoint Amy Coney Barrett to the Supreme Court)
16
Q

What is the relationship between the President and the Supreme Court?

A
  • The President’s only formal power over the Supreme Court is their ability to make appointments/nominations. They also need agreement of the Senate and once the judge is in place the President has no power over them (life tenure)
  • The SC can check the President’s power through judicial review, labelling their actions as unconstitutional.
  • By appointing judges this does give the president influence over the ideological balance of the court.
17
Q

How effectively has Bill Clinton (1993-2001) achieved his aims?

A
  • Mod Democrat, perhaps making it easier for him to work with Republicans, he also oversaw an economic boom.
  • Success: Reduced the budget deficit (some saw this as the success of speaker Newt Gingrich who helped cause budget shut down to further reduce gov expenditure)
  • Success: Gun Control, supported the Brady Bill that led to background checks and waiting periods for gun purchases.
  • Failure: Health reform, despite a strong mandate and democrat major in both chambers he was unable to get major reform through Congress.
  • Failure: Foreign policy to prevent civil war/genocide, used an executive order to launch airstrikes in Bosnia but was forced to stop as Congress stopped funding and also forced withdrawal from Somalia.
18
Q

How effectively has Bush (2001-2009) achieved his presidential aims?

A
  • ‘Compassionate Conservative’ who aimed for the centre ground
  • Success: ‘War on Terror’, 9/11 helped him increase his power as he created the Homeland Security Department and passed the Patriot Act thus enhancing powers to counter terrorism. Later on he wasn’t so successful, seen as a lame duck.
  • Success: Major tax cuts, mainly for the wealthy
  • Success: Commitment to public education, passed the No Child Left Behind Act which meant federal standards were imposed and federal intervention increased.
  • Failure: Social Security Reform, attempts to privatise social insurance for the elderly were blocked by Congress.
19
Q

How effectively has Obama (2009-2016) achieved his presidential aims?

A
  • Obama promised progressive policies on health, immigration and a more inclusive America.
  • Success: Stimulus package of 787 billion dollars to counter the 2008 financial crisis passed.
  • Success (partial) : Affordable Care Act moved towards health insurance for all but fell short of creating a federal health insurance company.
  • Failure (partial): Immigration reform to give more people a route to US citizenship couldn’t get through Congress. He achieved some progress with executive orders, but this was then repealed by Trump.
  • Failure: Failed to close Guantanamo Bay detention centre (people detained and tortured without trial), started with 242 detainees and ended with 41 but not fully shutdown.
20
Q

How effectively has Trump (2017-2021) achieved his presidential aims?

A
  • Outsider candidate who claimed he would shake up the establishment.
  • Success: Massive tax cuts and reform, benefited the rich and corporations
  • Success: First Step Act 2018 which moved towards criminal justice reform, received bipartisan support
  • Failure: ‘Build the Wall’ and make Mexico pay for it. Some wall has been built but without the support of Congress and paid for by American tax payers.
  • Failure: ‘Make America Great Again’, unemployment and poverty are at record highs. America’s reputation has been damaged across the world and the trade war with China has brought no real benefit
  • Failure: America has become more divided as shown by George Floyd murder and Attack on the Capital. Trump’s rhetoric and false claims have fuelled the growth of the radical right and conspiracy theories.
21
Q

What does imperial presidency mean?

A

Schlesinger argues president wields huge amount of power with little or no constraint.
Idea that the president stretches the Constitution to be able to ignore the wishes of Congress and flex their executive power

22
Q

How does signing statements show imperial presidency?

A
  • Alongside signing a bill a President can sign a statement saying they will not enforce elements of the bill.
  • Gives the president the power to hold a line item veto.
    EG: In 2014 Obama signed the National Defence Authorisation Act, which required notifying Congress before removing someone from Guantanamo Bay. Obama issued a signing statement rejecting this (secretly traded a captured US soldier for 5 Taliban members detained at Guantanamo).
  • These statements have limited strength as Congress may insist on the laws it has passed and the SC could force the president to follow the bill.
22
Q

How do executive orders show imperial presidency?

A

The president can instruct the executive branch to carry out/not carry out certain practices without consulting Congress.
EG: Biden signed one to reopen enrolment to the Affordable Care Act and make it easier for people to access it and Medicaid. This is something Trump stopped by executive order.

This power is limited and shouldn’t be used apart from to reinforce existing laws. Trump’s travel ban was stopped by the SC.

23
Q

How do executive agreements show imperial presidency?

A
  • It’s an agreement with another country that isn’t a treaty so doesn’t need Senate approval/ratification
    EG: Obama’s 2015 deal with Iran to lift some trade embargoes and in reaching agreement with China over the environment.
  • It has limits as it is only an agreement with the incumbent president, not with the US government in general.
24
Q

How do unilateral war power show imperial presidency?

A
  • Presidents as the commander-in-chief have increasingly made military decisions without consulting Congress.
  • A requirement for speed, secrecy and expertise in decision making allows the president to take control.
    EG: In 2011 Obama ordered airstrikes on Libiya without consulting Congress.
  • However, this is only powerful over short-term action, long term-acting can be regulated by Congress using the War Powers Act or funding restrictions as they have the power of the purse.
24
Q

What does imperilled presidency mean?

A

Put forward by Gerald Ford who argues there are excessive limitations on presidential power, causing ineffective political leadership.
Arises more with partisan politics, for instance a Republican controlled congress wouldn’t compromise with Obama in his second term. The democrat controlled House from 2018 worked actively against Trump.

25
Q

What is the role of the president in foreign policy?

A
  • The constitution lays out that the President is commander-in-chief and so they can act unilaterally and start military intervention.
  • As the Head of State and chief diplomat the President carries out foreign policy by making treaties which seek the senates approval. He can also make executive agreements which avoid the senate all together.
  • There are limits as the War Power Act states only Congress can declare war and they have the power of the purse.
    EG: when Clinton took action in Bosnia despite protests from Congress, the House voted to withdraw funding in 1995.
  • The senate can ratify treaties EG: In 2012 Obama’s UN disability rights treat was rejected.