US Presidency Flashcards
What are the formal powers of the President?
With examples.
-Propose legislation and submit the annual budget e.g. *2018 Trump announced plan to spend $1.5 trillion on infrastructure. *
-Sign legislation e.g. *Biden signed Stop Institutional Child Abuse Act 2024. *
-Veto legislation e.g. *Obama won 11 out of his 12 vetoes against Congress 2009-2017. *
-Act as chief executive e.g. *Biden 2025 executive order Helping Left-Behind Communities Make a Comeback. *
-Nominate executive branch officials e.g. Trump’s nomination of Musk 2025.
-Nominate federal judges e.g. Trump nominated Brett Kavanaugh 2018.
-Commander-in-chief e.g. Biden committed foreign defense 2024 under Ukraine Security Initiative $2.1 billion.
-Negotiate treaties e.g. nuclear arms treaty with Russia by Obama.
-Pardon e.g. Obama 1,927 pardons to individuals during his time in office, many of which were for low-level, non-violent offenses, particularly related to drug crimes
+ Trump pardoned himself
What is the P’s role as head of state?
Example
-Ceremonial roles e.g. world summits and events like G7 OR G20.
-Oversight of foreign policy.
-Power of the pardon.
-Comforter/mourner-in-chief.
(Head of state in the UK is the monarch)
E.g. Bush acted as comforter/mourner-in-chief after 9/11 in 2001.
What is the P’s role as head of government?
-Heads executive branch.
-Organises the EXOP.
-Presides over cabinet and federal bureaucracy.
-Sign and veto legislation.
EXOP = Executive Office of the President
What are the informal sources of the P’s power?
-Cabinet
-Vice-president
-EXOP
-OMB
-NSC
-WHO
-Powers of persuasion
-Direct authority
What is the role of the cabinet?
-Simply an advisory body.
-Consists of the heads of 15 departments.
-P can remove or add members depending on priorities and circumstances e.g. Obama elevated the Small Business Administration to cabinet status, highlighting his priority of economic recovery.
How powerful is cabinet?
-No formal power as it is not mentioned in the Constitution.
-It is not a collective body and therefore has limited power, but as individuals, cabinet members are an important source of power for the P.
-Give special insights to the P.
-Depends on how much the P uses it e.g. Reagan held 36 meeting in his first year, whereas Clinton held only 6.
-P maintains final say over policy (he isn’t ‘first among equals’).
EXOP is a key rival.
What are the main functions of cabinet for the P?
-Collegiality - helps P appear collegial and consultive/collaborative.
-Exchange information - P can gather info about what is going on.
-Policy debate - P can broaden consultations and debate policy.
-Monitoring Congress.
-Enhances democratic/representative nature of government.
What are the main functions of the VP?
Who was Biden’s VP + who is Trump’s?
-Take over the role of P if necessary.
-Cast deciding vote in event of a tie in the Senate.
-Presiding officer over the Senate.
-Important in ‘balancing the ticket’.
Biden - Kamala Harris
Trump - JD Vance
Give 3 examples of VPs playing an important role.
Richard Cheney (VP to Bush) - important role in responding to 9/11 attacks, Bush lacked experience in federal gov so Cheney took responsibility for several key policy areas.
Joe Biden (VP to Obama) - headlined in The Atlantic as ‘The Most Influential VP in History’, provided expertise over wars in Afghanistan + Iraq and economic issues post-crash.
Kamala Harris (VP to Biden) - by March 2021 had made 3 tie-break votes including a motion on the American Rescue Plan Act 2021.
What is the EXOP + its roles?
-Agencies that work directly within the WH and are organised by the P.
-Consists of top presidential staff agencies that provide advice, coordination and administrative support.
-3 most important offices are the OMB, WHO and NSC.
-Also referred to as the ‘West Wing’.
-Tension with cabinet.
What is the OMB?
-Office of Management and Budget.
-3 principle functions: develop annual budget, oversee spending of federal departments/agencies, and act as a clearing house for all legislative initiatives so they can be assessed for budgetary implications.
What is the NSC?
-National Security Council.
-Advises the P and coordinates on matters of national security/foreign policy.
-Provides a daily security briefing for the P.
-Coordinates info coming into the WH from various departments including the CIA.
-May conflict with the Department of Defense.
-Trump criticised for using it as a political vehicle, which it’s not,as he relegated numerous members and appointed Steve Bannon. He also claimed he did not need the security briefing.
What is the WHO?
-White House Office.
-Acts as a liason between the WH, Congress and the vast federal bureaucracy.
-Contains the most senior and trusted advisors.
-Chief of staff perhaps the most powerful in the WH after the P, controls who he sees, reads and speaks to.
-Can hold extensive power over the P if they wish; Nixon’s WHO nicknamed the ‘Berlin Wall’, as they made it very challenging for others to access the P.
Give an example of chief of staffs showing importance.
Andrew Cord was famously seen whispering into G.W Bush’s ear on the morning of 9/11.
‘America is under attack’.
What is the P’s power of persuasion?
-Can use their prestige and other bargaining methods to get people to do as they wish.
-Almost every power of the P is checked by Congress, meaning the P must turn to other methods.
Informal power
What are the 4 rules that enable the P to exercise effective persuasion?
Use examples
-Appoint key roles to exploit the ‘honeymoon period’: Bush, Obama and Biden ensured key roles of cabinet were appointed when they came into office, whereas Trump was slower which hindered his early progress.
-Appoint chief of staff who is a good political operator: Bush was most successful in finding a long-serving/effective chief of staff, Andrew Cord. Trump went through 4 in his only term.
-Used closed dicussion when formulating detail but be open to ‘selling’ programmes: Bush able to persuade both Ds and Rs to support No Child Left Behind Act 2002. Biden showed similar pragmatism by reaching out to all sections of party to rally around the American Rescue plan 2021.
-Build an esprit de corps between staffers and cabinet: Bsh successful in creating feeling of pride and mutual loyalty for first 6 years. Trump least successful as his administration blighted by high turnover of staff and multiple resignations.
Esprit de corps = cooperation + collaboration
Give examples of Ps using powers of persuasion.
-Appeal directly and morally to Congress, often through media e.g. Obama in Rose Garden speech 2013 concerning military action in Syria. Trump Twitter.
-Use WH as a stage to speak to Congress/public e.g. Obama used to call for gun control after San Bernardino shooting 2015.
-Phone congressional leaders/meetings e.g. Trump sent aide Kellyanne Conway to speak to whips in Congress.
-Offer inducements to members of Congress e.g. Obama deported more people than any other P in an effort to gain support for immigration reform.
What are the 4 groups a P has to work through in order to be a successful persuader?
-VP - usually a former member of Congress and presides over the Senate, giving the P a critical foothold. Biden, senator for 36 years, led the Obama administration in Congress.
-Members of WHO - important connections + full time lobbyists.
-Cabinet officers - deployed by WH to talk with Congress members on policy areas e.g. G.W. Bush used Education Secretary Rod Paige to sell his education reform package to Congress 2001.
-Congress party leadership (House Speaker, majority/minority leader, whips, committee chairs). Gregarious Ps like Reagan/Clinton could easily develop good relations with Congress.
How did Obama use powers of persuasion to promote his healthcare reform bill 2010?
What time period?
-State of Union Address to Congress.
-Addressed Republican House Issues Conference in Baltimore.
-Televised session with Senate Democrats in Washington DC.
-Met with 11 Democrats at the WH.
-Met with the New Democrat Coalition Leadership in the Oval Office.
-Addressed the House Democratic Caucus on Capitol Hill.
All between 27th Jan and 20th March
Arguments to suggest the P’s power IS STILL the power to persuade.
-P has no formal disciplinary hold over Congress.
-Party discipline in Congress can’t guarantee votes for the P.
-P may be faced with one or both houses controlled by another party.
-P is dependent upon members of Congress for legislation, confirmation of appointments and treaty ratification.
-P’s direct authority is limited.
-All formal powers of the P are checked by Congress.
Arguments to suggest the P’s power IS NOT the power to persuade?
-In an era of partisanship, few members of Congress from the opposition are open to presidential persuasion.
-P’s nowadays tend to have low approval ratings and therefore persuasion is significantly less effective.
-Second-term P’s in particular struggle to use persuasion.
What are the P’s powers of ‘direct authority’?
-Executive orders e.g.* Obama used to pass DAPA in 2014 (struck down by SC so limited power) + Trump issued 12 during the first week of his term 2016.*
-Signing statements (statement issued by a P on signing a bill) e.g. Bush and Obama used increasingly to challenge constitutionality of bills/gather more power.
-Recess appointments(way of P getting his way on appointments against an uncooperative and transigent Congress) Bush used then increasingly but Obama lost court decision about them in 2014 so made no more.
-Executive agreements(agreement between P and foreign nation on matters that don’t require a formal treaty).
Actions they can take which do not require congressional approval and yet can achieve some of their policy goals.
Factors affecting P’s success/power
Impact of the electoral mandate.
-Success of a P in election can be a source of power.
-Sweeping victory increases strength of mandate
-Trump won 312 EC votes and 49.8% the popular vote, giving him a strong mandate.
-Obama won 52.9% of the popular vote with 365 EC votes.
-Biden’s 51% of the popular vote aided him in passing the American Rescue Plan.
Factors affecting P’s success/power
Importance of public approval/national circumstances.
-P with a high approval rating has more political clout and bolstered power.
-P’s approval ratings tend to decline after their first term, hence why they pass their most challenging legislation ASAP.
-Bush’s approval rating reached 90% post-9/11 (national circumstances)
-Clinton’s high approval ratings during 1999 are likely what saved him from conviction in the Senate during his impeachment trial.
-The* blossoming economy under Clinton* (national circumstances) helped to bolster his power by enhancing public approval.
Factors affecting P’s success/power
Election cycle.
-Midterm elections often bring defeat to P’s party in one or both houses.
-Clinton, Bush and Trump all lost their overall majorities in a midterm election.
Factors affecting P’s success/power
Unified/divided government.
-Affects the extent to which the P can push their legislative agenda through Congress.
-Divided gov makes it more challenging.
-Trump 2025 has an advantage due to both the House and Senate being dominated by Republicans.
Give examples of different national events that impacted presidential popularity.
Clinton - Monica Lewinsky scandal 1998-99 he was subjected to impeachment and only narrowly found not guilty, declining his public approval.
Obama - 2007-8 economic crash declined his public approval as he was constantly hampered by a need to deal with the crisis.
Obama - Sandy Hook shooting 2012 (20 children killed) Obama appeared as mourner-in-chief, benefitting approval, but little action came as a result.
Biden - Covid epidemic allowed him to pass CARES Act 2020.
Relations with branches.
What checks to Congress have over the P’s powers?
Founding fathers wanted checks.
-Amend, delay, reject P’s legislative proposals.
-Override veto.
-Senate can confirm or reject executive branch nominations.
-Senate can confirm or reject SC nominations.
-Can ratify or reject treaties.
-Have the power of the purse and power to declare war.
-Can investigate, impeach, trial or remove the P from office.
Can all lead to gridlock.
Arguments presidential accountability to Congress is effective.
-Short election cycle + coattails effect mean it’s highly responsive to presidential popularity. More willing when P is unpopular.
-Significant powers over P’s domestic policy, from approval of legislation to funding allocation.
-Powers over P enforced by Constitution.
-Times of divided gov, Congress will use veto override.
Arguments presidential accountability to congress is not effective.
-P’s enumerated powers give him far greater power as he can exercise power alone (Congress requires supermajorities and bipartisanship).
-Congress has very few powers to limit P in terms of foreign policy.
-Constitutional powers of Congress are largely reactive, as they can only confirm or deny the P’s choices and in some cases be circumvented.
-Times of united gov it’s less likely to use checks, giving P enhanced power.
-Times of national crisis Congress allows P to make executive orders, being sidelined.
Give 5 examples of the Supreme Court declaring the P’s actions unconstitutional.
-1974 Nixon’s refusal to release White House tapes.
-1997 Clinton’s claim of immunity from prosecution by Paula Jones.
-2006 Bush’s Guantanamo Bay.
-Obama’s use of recess appointments.
-2016 Obama’s executive order to implement immigration reform programme DAPA.
What are some additional checks on the P’s power?
-IGs mobilise public opinion for/against policies e.g. NRA against Obama gun control proposals.
-Media.
-Federal bureacracy (around 3 million civil servants).
-State governments e.g. opposition to Obama’s healthcare reforms.
What was the American Rescue Plan?
-2021 Biden
-$1.9 trillion centred on coronavirus relief.
-No Republican voted for it.
Successfully led to 200 million vaccinations within first 100 days.
What was the bill focused on Biden’s ‘Build Back Better’ agenda?
Including American Families Plan
-$1.75 trillion.
-Focused on repairing bridges, roads, ports and other infrastructure.
-American Families Plan encompassed child tax credits, expanded childcare, paid family leave and universal pre-kindergarten.
Major social change.
Use Biden in 2021 as an example to show fall in approval ratings.
-44% found he was doing well, 49% were dissatisfied.
-Support among independent voters declined.
-Approval among many Democratic-leaning demographics had fallen.
-Black American support had fallen from 85% July 2021 to 67% by Spetember.
-16% decline in Latino support + 14% in Asian.
What was the CHIPS Act?
-Biden 2022
-Dedicated $52 million to increasing US production of semiconductors, found in all devices and computer systems.
-Amed at ensuring self-sufficiency and national security (most made in China and Taiwan).
What was the Inflation Reduction Act?
-Biden 2022
-Born out of spiralling post-COVID and Ukraine war inflation.
-$485bn spening + $790bn offsets.
-Helped lower price of expensive drugs and invested in clean energy tax credits.
What was the Bipartisan Safer Communities Act?
-Gun control by Biden
-Enhanced backround checks for 18-21s.
-More money for ‘red flag’ laws (emergency restrictions on lisences for high-risk individuals.
-Made more challenging for abusers to obtain firearms.
How has America under Biden contributed to defense in and Ukraine?
-Given over $70bn to aid in Ukraine since Feb 2022.
Who did Biden appoint to the SC?
-Ketanji Brown Jackson
-Replaced Gerald Breyer 2022.
-First black woman.
What is meant by the ‘imperial presidency’?
-Emerged from 1973 Professor Arthur’s book, which discussed the growing power and misuse of presidential power and lack off effective congressional checks.
-Presents P as a supreme authority that dominates Congress and conducts foreign policy independently.
-P transcends the limitations of powers, making them unconstitutional.
-Prevalent under Roosevelt and Johnson.
Abuse of power, secrecy and illegality.
How did Roosevelt embody the imperial presidency?
-Introduction of new institutions created to help P manage the Cold War, enhanced the power of federal gov.
-Congress became more subservient.
-EXOP established.
Case study
Give examples of P’s use of emergency powers.
What are emergency powers?
-Roosevelt ordered internment of Japanese-Americans 1942.
-Bush authorised Guantanamo Bay in 2002 following 9/11.
-Trump declared national emergency March 2020, banning US citizens from travelling to Europe (Covid-19).
Can be used during emergencies to enable P to unlock federal funding and over 100 powers to limit civil liberties.
Which P misused emergency powers and how?
-Lack of a clear definition enabled Trump to use emergency powers in Feb 2019 to secure funding for his planned border wall with Mexico.
-He vetoed Congress attempt to stop it.
What evidence suggests there was never an imperial presidency under Nixon?
-Nixon’s resignation over the Watergate scandal 1974.
-Congress passed P-curbing legislation: The Case Act 1972 (must inform Congress of all executive foregn agreements) + War Powers Act 1973 (Congress only declare war).
What is an imperilled presidency?
-Term used by Ford 1980.
-When a P finds it difficult to exercise his constitutional powers and appears weak.
-Also referred to as a ‘lame duck’, meaning they are weak and cannot exercise powers effectively.
How did Reagan fashion the post-imperial presidency?
-Ambitious legislative programme.
-Restored America’s damaged self-confidence abroad.
-Re-elected in landslide 1984.
What is the post-imperial presidency?
-Term first used 1980.
-Often used to refer to P’s Reagan to Trump.
-Characterised by P’s assertiveness but power limited by [artisanship.
Foreign policy
Evidence to suggest Obama had significant powers.
-Major offensive in Afghanistan 2010 + 4-year extension to Bush’s Patriot Act.
-Launched 10 times as many airstrikes in Midlle East and Asia as Bush + sanctioned military intervention in Libya without congresional approval.
-Sanctioned death of Anwar al-Awlaki, alleged terrorist) by drone attack in Yemen 2011 (CONTROVERSIAL).
Foreign policy
Evidence to suggest Obama’s powers were limited.
-Limited by House 2011 and Senate 2015 changing to R control.
-Never able to close Guantanamo Bay.
-Had to compromise Obamacare for R support.
-SC ruled his executive orders on immigration reform and recess appointments unconstitutional (attempt to circumvent Congress).
-Senate refused his nominee, Garland, for SC 2016.
Foreign policy
Evidence to suggest Trump (first term) had significant powers.
-Pulled US out of Iran nuclear deal, North American Free Trade Agreement and Paris Accord.
-Bombing ISIS fighters April 2017.
-Airstrike assassination of Iranian general Qasen Soleimani Jan 2020 without Congress.
-Argued Jan 2020 he could use Twitter to inform Congress of future airstrikes.
Foreign policy
Evidence to suggest Trump’s (first term) powers were limited.
-Unable to persuade united R Congress to repeal and replace Obamacare.
-Impeached by HoR Dec 2019-Feb 2020 as he attempted to coerce Ukraine gov to reveal damaging info on Hunter Biden.
-House Speaker Nancy Pelosi challenged him e.g. she ripped up his State of the Union Address 2020, branding it a ‘manifesto of mistruths’.
-State governers utilised federal powers to determine Covid policy in their own states due to Trump’s inability to communicate a coherent national policy.
What are the P’s two powers regarding foreign policy?
What checks does Congress have?
-Act as commander-in-chief
-Negotiate treaties
Power of the purse
What are Congress’ powers regarding foreign policy.
-Power of the purse.
-Authorising troops/declaring war.
-Ratify treaties.
-Ratify residential appointments.
How can the P attempt to control foreign policy?
Examples
-Creation of treaties using executive orders e.g Biden Paris Agreement 2020.
-Appoint officials to control policy e.g Trump appoint Pete Hegseth 2025 (critical of NATO like Trump).
-Circumvent ineffective checks by Congress e.g Bush sanctioned AUMF in 2001allowing him to use all necessary force to deal with aftermath of 9/11.
-Set the tone e.g inaugural address or State of the Union Address.
-In times of crisis, Congress often acts in line with P.
AUMF = Authorisations for Use of Military Force
How can Congress control foreign policy?
Examples
-Fund/defund military action e.g 2007 Democrats tried to defund Iraq Qar.
-Attempt to create controversy around P appointments/actions in order to demand power e.g Obama’s Iran Nuclear Deal Congress demanded time limit on negotiations.
-Legislative powers e.g passed laws to prevent Obama’s release of Guantanamo Bay detainees onto US soil, thwarting his plans.
How did Bush set the tone of his foreign policy in his 2002 State of the Union Address?
-‘Axis of evil’.
-Announced The Bush Doctrine.
-Launched an offensive foreign policy (turned away from defense) against foeign threats/terrorism.
How did Obama set the tone of his foreign policy through his 2009 State of the Union Address?
Use some examples of him doing this.
Did he live up to expectations?
-Focus on restraint.
-Revival of diplomacy.
-E.g 2011 last troops withdrawl from Iraq + 2016 date set for withdrawl from Afghanistan.
Arguably not:
-Closure of Guantanamo Bay never materialised.
-Largest offensive by coalition forces in Afghanistan launched 2010.
-2011 signed 4-year Patriot Act.
What was Trump’s foreign policy?
Examples
-Aggression and eratic/unothodox pragmatism.
-Bombed ISIS in Afghanistan + launched missile attack against Syrian airbase 2017.
-Cancelled Obama’s Joint Comprehensive Plan with Iran + eliminated Iranian top general 2020.
-Diplomatic echanges with Kim-Jong-un
What was Biden’s foreign policy?
-Pragmatism and liberal internationalism.
-Reaffirmed commitment to NATO.
-Rejoined Paris Agreement 2020.
Give an example of bipartian cooperation between a divided Congress.
-Coronavirus Aid, Relief and Economic Security Act (CARES) passed by a divided Congress March 2020.
Give examples of Congress power to override vetoes.
-2 of Clinton’s 37 overridden.
-4 of Bush’s 12 overridden.
-5 of Obama’s 12 overridden.
-1 of Trump’s 10 overridden.
-0 of Biden’s 6 overridden.
How does Clinton’s foreign policy suggest he had significant/imperial powers?
-1994 prepared to launch invasion of Haiti without congressional permission.
-March-June 1999 Serbian air war, US committed most US personnel since the Gulf War without declaration of war by Congress.
-Sanctioned missile strikes on Sudan and Afghanistan as a distraction from the Lewinsky affair.
How does Clinton’s policy suggest he had limited powers?
-Former P Carter intervened and successfully mediated the Haiti crisis, modifying Clinton’s original objectives.
-Unable to convince Congress held by Ds to vote on his healthcare reform proposals.
How does G.W Bush’s policy suggest he had significant/imperial powers?
-His unilaterialism accelerated dramaticallt after 9/11 by announcing the ‘war on terror’ and invading Afghanistan and Iraq.
-Used executive orders to authorise controvertial anti-terrorist measures e.g. surveillance of suspects without a court order.
-Guantanamo Bay challenged the limits of the Constitution.
-Successfully passed Patriot Act 2001, Economic Growth and Tac Reconcilliation Act 2001 and Homeland Security Act 2002.
How does G.W Bush’s policy suggest he had limited powers?
-He sought and recieved permission by Congress for all measures taken.
-Reined in by the SC on two separate cases for holding enemy combatants without rights to appear before a civilian judge.
-Criticised for handling of Hurricane Katrina.
-Last 2 years of administration faced heavy scrutiny from D controlled Congress.
