US Presidency - Topic 3.4

Question 1

If congressional checks on the president are evaded thorought their tenure, what is their presidency termed as?

And the opposite?

Answer 1

1. An imperial presidency
2. An imperilled presidency

It is unlikely that a president will be imperial or imperilled thoroughout their entire time in office as the factors that decide a president’s power can change while in office, sometimes dramatically.

Question 2

In what ways can the president attempt to control foreign policy?

Answer 2

The creation of treaties;

• Although Senate-confirmable, the president can get round this through EOs

The reception of ambassadors;

• Now interpreted as the president’s right to recognise nations

The appointment of US officials;

• While cabinet officials are subject to Senate-approval, appointments outside of the cabinet are not, and all those related to foreign policy have notable power in controlling it

The role of commander-in-chief;

• This has usurped Congress’ power to declare war as the president can freely move troops as they please. Even with the War Powers Act of 1973, the president has still been able to intervene in foreign conflicts without congressional support

As the head of state;

• The president often finds Congress acting in defence in times of emergencies. Congress allows for considerable presidential freedom of action in response to crisis and by the time Congress tries to reclaim its power, the damage is already done

Question 3

In what ways can Congress attempt to control foreign policy?

Answer 3

The use of Congress’ power over funding;

• As the Representatives have power of the purse, if the house so wishes it, it can fund or defund wars that the president may be interested in

Issuing or repealing an Authorisation for the Use of Military Force (AUMF);

• This would secure its role in authorising military action even if its is not formally declaring war, it merely shows whether Congress supports the intervention or not, important in a president’s polling popularity

Ratification of treaties and appointments;

• When a president attempts to circumvent these powers, Congress protests and work to make headlines
• The Senate has done this previously with Obama’s Iran nuclear deal in 2015; when Congress not only demanded a say but also attempted to time-limit his negotiations

Legislative power to control foreign policy;

• The president cannot break the law, and if Congress has passed it, that means the public would most probably be on side with the bill too
• Congress passed laws preventing Obama allowing Syrian refugees and the release of Guantanamo Bay detainees on US soil, thwarting his plans