US Presidency Flashcards
What are the Formal sources of presidential power?
- Head of State and as the Head of Government
- Can appoint their own cabinet
- The President is responsible for the execution and enforcement of the laws created by Congress
- Nominates Supreme Court justices
- Can veto bills
- Chief diplomat
- Power of pardon
Examples of President nominating Supreme Court justices
- Biden nominated Ketanji Brown Jackson to replace Justice Stephen Breyer in 2022.
- Trump had made 3 appointments to the Supreme Court from 2017-2020. He nominated Neil Gorsuch in 2017, Brett Kavanaugh in 2018 (49 Rep, 1 Dem), and Amy Coney Barrett in 2020. Shifted the ideology of the Supreme Court to overwhelmingly Conservative with a 6-3 majority.
Examples of Trump veto’ing bills
Trump 10 bills vetoed
1. December 2020, when he rejected the National Defense Authorization Act (NDAA) for Fiscal Year 2021.
- liability protections for internet companiesand renaming of military bases named after Confederate leaders.
- Trump threatening to veto the bipartisan Trade Review Act of 2025, which seeks to limit his authority to impose or increase tariffs without Congressional approval.
Examples of Biden veto’ing bills
13 vetoes during his term (2021–2025). His vetoes primarily targeted Congressional Review Act (CRA)
1. SJ Resolution 11 - Vetoed in order to protect his environmental agenda + aim of having more electric vehicles on roads#
2. Veto on republican measure that bans the government from considering environmental impacts or potential lawsuits when making investment decisions for Americans’ retirement plans.
Examples of Presidents as acting as the Chief Diplomat
- June 2024: Biden proposed a ceasefire plan between Israel and Gaza
- US special envoy meets Putin as Trump urges Russia to ‘get moving’ on Ukraine ceasefire - April 2024
- March - Zelensky and Trump meeting
Examples of Presidents using their power of pardon
- Biden pardon Son Hunter Biden ( December 2024) - for his gun and tax evasion convictions
- Biden pardoned 6500 people for simple possession of marijiuana 2022
What are informal sources of presidential power?
- The electoral mandate, executive orders, national events and the cabinet
- Executive orders
- National events
- Powers of persuasion
- Executive branch (cabinet,exop etc)
Example of a President exercising their power with few restrictions when granted a strong electoral mandate
- Obama achieved some of his most important policy goals in his first two years of office, including health care reform (ACA) & beginning the process of moving troops from Iraq when he was firm on his electoral policies
How many of Trump’s executive orders are up for legal challenges?
200
What might happen with the SC enforcement of legal challenges to Trump’s EOs?
Will they ignore them and exploit that lack of enforcement powers of the court?
- Federal govt need to respond + Trump controls both House and Senate
What are 4 examples of Executive Orders passed by Trump?
- Ending birth right citizenship for children born in the US to parents who are neither citizens nor lawful permenant residents.
- Establishing DOGE to reduce the size of government and enhance efficiency - Musk
- Banning “Gender ideology” - sex and gender as biological and removed the federal recognition of trans people
- Witholding federal funding on existing projects
What have Musk and budget director Vought taken control of?
Budgetary decisions - sidelining the usual congressional process.
What has Musk and Vought taking control of the budgetary decisions (normally power of purse - Congress) led to?
A reliance on stopgap funding bills, further limiting bipartisan cooperation and reducing the influence of lawmakers over financial decisions
What has Trump decided to do because of the backlash of Musk and Vought controlling budgetary decisions normally made by Congress?
Trump decided to unfreeze money to federal projects but not definite if this is permenant
What can Trump’s unilateral move to halt spending could be seen as?
A constitutional overreach, undermining Congress authority
If Trump’s executive order is reintroduced and upheld by the courts, what could it do?
Significantly shape executive power, allowing future presidents to wield greater control over government finances without congressional approval. - no longer require powers of persuasion
- Heighten concerns over a imperial presidency
What does the more that Congress fails to hold the exeuctive branch - Trump - to account lead to?
The weaker its position becomes in maintaining the checks and balances essential to a functioning democracy
Example of Presidents using Executive orders to implement policy in the way they wish without Congress’ approval
- Biden signed more than 60 executive orders in his first 100 days of office. 24 of these directly reversed Trump’s policies.
- This included halting funding for Trump’s border wall, reversing Trump’s travel ban targeting largely Muslim countries, and imposing a federal mask mandate in wake of the COVID-19 pandemic.
Example of national events playing a modern role in how much a president how exercise their power
- Obama faced: health care reform & the Affordable Care Act, the Budget Crisis & stimulus package, Osama Bin Laden & the Government shutdown.
- Trump has faced opposition to the Mexican wall, immigration & the Government shutdown, Mueller’s Russia Inquiry, a Trillion dollar infrastructure plan & repealing the Affordable Care Act.
Example of powers of persuasion
- Trump - Opposition to the Bipartisan Trade Review Act (2025)
- Trump and his twitter storms - encouraged his followers to show strength and fight against “bad people” at the capitol
- Obama 2013 rose garden speech over Syria. It was an attempt to get congresses support for military action in Syria
- Trump Greenland negotiations and Ukraine/Russia
- POP - Richard Neustadt
How is the relationships between the presidency and Congress
- Success strongly depends on House and Senate majority
- 2016 : Trump and the Republican held both houses - Trump was in a strong position , he brought in huge tax cuts. 2018 Democrats took the house of representatives and Trump’s policies hit gridlock. EXAMPLE: Border Wall Funding and the Federal Government Shutdown (2018-2019)
- Trump struggled over passing the American Health Care Act in 2017 - suggests that even with a Republican president and a republican congress things are not always straightforward. The bill faced strong republican opposition in both the house and senate.
What are the limitations on presidential power?
- Congress, the Supreme Court and the Constitution
- The election cycle and divided government.
- By a simple majority, the House of Representatives can vote to proceed with the impeachment process.
What are the debates of the US presidency?
- How effectively they have achieved their aims
- The imperial presidency
- The extent of presidential accountability to Congress
- Congress can veto a presidential veto - Justice Against Sponsors of Terrorism Act 2016
- The role and power of the president in foreign policy.
What’s the difference between imperial and imperilled power?
Imperial (power is strong). Imperilled (power is weak)
