USA - Presidency Flashcards
What are the constitutional powers of the president? (Checked by congress and unlimited powers)
• Commander in chief of the armed forces (Congress has sole power to declare war)
• To make treaties (Congress ratifies with supermajority)
• To appoint senior government officials, ambassadors and Justices (Congress confirms)
• Make the state of union address (Congress can reject proposed legislation)
• Faithful execution of laws (Congress has total control of revenue and expenditure)
• To approve or veto legislation (Congress can override)
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• To grant pardons and commute sentences (e.g. Clinton pardoned 200 people on his last day)
• To convene emergency sessions of congress
• To receive ambassadors
What are executive agreements?
Any international agreement made by the President that does not need the ‘advice and consent’ of the Senate.
Since WW2, they have gradually replaced treaties.
Give an example of an executive order
President Trump signed ‘Enhancing public safety in the interior of the United States’ in January 2017.
The order attempts to clamp down on ‘sanctuary cities’ in the USA who do not comply with federal immigration law.
What two key events led to the status and power of the modern presidency?
The Great Depression
The Cold War
How did the Great Depression result in the growth of presidential power?
- In the 1930s, the balance of legislative power shifted decisively and irrevocably to the president.
- The circumstance created the need for the federal government to be more active and interventionist, and so FDR created his new deals in order to help mange the economy.
- This also led to the increase in the size of the federal bureaucracy.
How did the Cold War result in the growth of presidential power?
- The president, seen as the ‘leader of the free world’, assumed unambiguous control of foreign policy from Congress.
- Truman set this precedent of the president taking significant military action via his power as commander in chief, with only informal consultation with Congress when he ordered military forces to Korea in 1950.
- This was in response to the invasion of the south by the soviet-backed forces of the north. From such an occasion, the president assumed responsibility for the deployment of the nuclear deterrent, which became a rapid factor in the Cold War.
Explain the change from a congressional government to a presidential government
- In accordance with the intent of the constitution, the 18th and 19th centuries were largely periods of congressional gov, and the president was mostly dependent on his use of veto to exercise influence.
- However, as the economy industrialised and society became more complex/interdependent, the need for national leadership and policy-making became more apparent.
- The institutional structure of congress meant that it was too divided to provide consistent and coordinated leadership, and the president was the only nationally elected office to meet this need.
Where did the concept of the ‘activist/imperial presidency’ come from?
The activist presidency began with Teddy Roosevelt and Woodrow Wilson at the beginning of the 20th century.
Both presidents operated on the basis that the president could do everything that was not specifically prohibited, and that the president was not confined by the powers specifically allocated in the constitution.
What factors can aid the growth of presidential power?
- Constitution - explicit power as commander in chief as well as implied powers, e.g. his role to faithfully execute laws.
- Institutional support - Executive Office of the President (EXOP), created in 1939 after the report of the Brownlow Committee.
- Media - helped to portray an all-powerful image of the president.
- Combination of roles - head of government, head of state and party leader.
- Size of mandate in the last election - e.g. Reagan’s landslide victory.
- First, rather than second term - lame ducks due to the 22nd amendment.
- Previous Washington experience - makes it easier due to a better understanding of how things work, e.g. LBJ knew Congressmen individually.
- Oratorical skills - being a good, convincing speaker can be advantageous.
What does the term ‘imperial presidency’ mean?
Arthur Schlesinger coined the term ‘the imperial presidency’, suggesting that the president had cast aside the checks and balances of the system and was now governing like an emperor.
Usually characterised by:
• Increased use of war-making powers
• Excessive secrecy
• High handedness in dealing with congress
• Illegal activity
• The failure of C+Bs working effectively
Is Nixon considered to be an imperial president?
- Yes - abroad he conducted a secret war in Cambodia, and at home he refused to spend money mandated by Congress. “When the President does it, that means it’s not illegal”.
- No - as a result Congress passed the War Powers Act and the Budget and Impoundment Control Act, intended to rein in his ‘abuses of the system’.
Why did congress pass the War Powers Resolution Act?
To limit the presidents power to initiate military action under the circumstance of war and national emergency.
Is George W. Bush considered as an imperial president?
• Yes - 2001 terrorist attacks led to the detention of US citizens indefinitely, patriot act and NSA surveillance programmed. All of which could be argued to have operated outside congressional checks and oversight.
What 4 factors can affect the Presidents relationship with Congress?
- Popularity - high approval ratings give the president increased authority, which may create a political cost for Congressmen who oppose a popular president.
- Partisanship - beneficial when the presidents party is in control of both houses of Congress, however this does not guarantee trouble-free passage of legislation proposed by the executive.
- First-term/Second-term president - dynamics change, in the second term presidents are usually ‘lame ducks’ as it’s harder to do effective work.
- Unforeseen events - can sometimes force congress to support the president, e.g. Clinton after the Oklahoma City bombings in 1995.
What was LBJs ‘standing order’?
That if any member of Congress called the Whitehouse, their call had to be returned within 10 minutes.
He understood the power of forming positive relationships with everyone, especially the law makers at Capitol Hill and therefore gave him the power to persuade.
What means are available to the president which can affect his power?
- The state of union address - at the beginning of each year, the president has a national audience to whom he can set the political agenda for the coming year.
- Patronage - although the president cannot offer jobs to the executive, a presidential visit can help with fundraising which is of significant value to a member of congress.
- Personnel - the White House staff, members of cabinet and the VP all are involved in pushing the presidents legislative agenda through congress.
- Personal skills - character such as charm and persuasion can help the president get what he wants. E.g. Reagan ‘the great communicator’.
- The ‘bully pulpit’ - the presidents ability to use the status and power of his office to frame the debate pressure members of congress.
- Power of veto - President Roosevelt famously vetoed 635 bills in total, a way of exerting executive power (recently seen as a sign of weakness).
In what ways can the president work around obstructions created by congress?
- Recess appointments
- White House appointments
- Executive orders
- Executive agreements with other countries (instead of treaties)
- Signing statements (which suggest how a law should be implemented)
What are the two main resources that the president has at his disposal?
- Cabinet - all the heads of executive departments, the VP and the shore house chief of staff.
- Executive Office of the President (EXOP) - around 2000 employees who aim to support the president in policy development and presentation.
