14 Presidency Flashcards
(310 cards)
1
Q
Has there ever been a female President?
A
No
2
Q
Who were the only female nominees for President?
A
Clinton and Harris
3
Q
Where do Presidential formal powers come from?
A
Formal sources of authority, for instance the Constitution, Congressional law or judicial ruling
4
Q
What is a key formal power of the President?
A
Head of the executive branch and all its accoutrements
5
Q
Informal powers of the President…
A
Emerge via political determination
6
Q
What is the key determinant of informal Presidential power?
A
How much the President is supported - within Congress, domestically and internationally
7
Q
What are the 3 types of formal power?
A
- ENUMERATED powers of the Constitution
- IMPLIED powers read from the Constitution
- INHERENT powers
8
Q
What are inherent powers?
A
Powers that are not in the Constitution, but which are agreed on by all parties since they are necessary for the President to execute their formal constituency
9
Q
What is Section 3 of Article 2 and how has it been used? What is this an example of?
A
The power of Presidents to propose legislation to Congress
Early Presidents did not use, later Presidents have. FDR used it to pass multiple laws in his first 100 days to stop unemployment.
Evolutions in the use of ENUMERATED power
Evolutions in the use of ENUMERATED power
10
Q
Example of IMPLIED powers expanding?
A
FDR used an executive order to detain 120,000 Japanese Americans
11
Q
Example of implied powers being checked?
A
1945 - SCOTUS overruled FDR’s internment executive order
12
Q
What separates inherent powers and implied powers?
A
Implied powers derive from the constitution
Inherent powers are to do with the profile of the Presidency as a whole
13
Q
Example of inherent powers being expanded?
A
George W Bush claimed that the ability to suspend civil liberties was an inherent power of the President to maintain public safety. Checked in cases such as Hamdan v Rumsfeld
14
Q
Formal powers relate to…
A
Constitutional authority
15
Q
Informal powers stretch…
A
Implied powers
16
Q
What are 5 formal powers of the POTUS?
A
- Executive powers
- Power to influence legislation passing through Congress
- Appointment powers
- Foreign policy powers
- Power to grant pardons
17
Q
What are 2 executive powers of the Presidency?
A
- CEO of the Federal Government and its 15 executive departments
- Prepare the annual federal budget
18
Q
Does the President write the budget?
A
No, the OMB (Office for the Management of the Budget) does.
19
Q
Who took government spending to the highest level ever?
A
DONALD J TRUMP (j stands for jackanape)
Even before COVID-19 dropped, his 2020 budget was $4.8 trillion
20
Q
What are 2 evaluative comments on the Presidential power of the budget?
A
- In 2018-19 shutdown. COTUS can stop budgets
- Office for Management of Budget not completely controlled by POTUS e.g. Neera Tandeen 2020
21
Q
What are 4 formal powers of the President to influence legislative outcomes?
A
- Propose legislation, either through SOTU or press conference
- Pocket veto
- Formal veto
- Sign the bill
22
Q
What is SOTU?
A
Both houses come together USUALLY each January
23
Q
How long is the pocket veto period before the bill becomes law?
A
10 days
24
Q
Last time a pocket veto was used and reason for infrequency?
A
- Need special circumstances for it to work
25
Example of a formal veto and how it works?
2015 Keystone XL pipeline.
Write to COTUS explaining why
26
An example of a veto being meaningful?
DJT vetoed twice attempts by COTUS to end the national emergency
27
What is the Statement of Administration Policy and its relevance?
A way the POTUS can issue a directive indicating they will veto legislation. Used to signal when COTUS is wasting its time
28
Example of how veto is a declining thing?
78 with Reagan, 44 with Bush Sr, 37 with Clinton, 12 with Bush Jr, 12 with Obama, 10 with Trump. Fallen to 10 with Trump
29
How many executive position branches must the POTUS fill and how many are Senate checked?
4000 must be filled
700 must be approved
Senate can limit POTUS power
30
One awesome power of POTUS regarding war? Evaluative comment?
POTUS is the only one who can LEGALISE NUCLEAR BOMBS and use the nuclear football
But, under 25A, Cabinet can remove this power if they judge the POTUS to be incapacitated. Secretary of Defence can veto, but obviously POTUS can just fire them
31
What is the formal power of the US President in foreign policy?
Key power as 'commander-in-chief' of US armed forces according to Constitution
32
3 checks on POTUS power of foreign policy that undermines the view that POTUS has control over foreign policy
1. COTUS must approve treaties via 2/3 vote
2. War Powers Act 1973 - Presidents must approve all military action
3. Constitutional power of Congress to declare war via bicameral supermajority vote
33
Why is the POTUS still the boss of foreign policy though?
Many commentators have declared foreign policy powers - including warmaking - within POTUS' inherent powers, effectively circumventing legislation
34
Example that shows War Powers Act 1973 is meaningless.
2001 Afghanistan, 2003 Iraq
35
When can Presidential pardon NOT be used?
1. Death sentence - can only commute to life
2. Impeachment
36
Example of posthumous pardon?
Jack Johnson pardoned for crossing state lines with a white woman in 1913 (his wife)
37
What are 2 examples of scandalous pardons?
1. Trump pardoning Steve Bannon, his friend and colleague
2. 140 pardons on Clinton's final day as POTUS, including wealthy DNC donors
38
What are 7 informal powers of POTUS?
1. Power to persuade
2. Deal-making
3. Agenda-setting
4. De facto party leader
5. World leader
6. Direct authority and the stretching of implied powers
7. Bureaucratic power
39
What is a commutation usually?
Releasing the prisoner from prison but not eliminating the prosecution
40
What did Professor Richard Neustadt say Presidential power was? When he did he do this?
"the power to persuade"
1960
41
An example of a way the POTUS might try and persuade Congresspeople?
Office for Legislative Affairs
42
What can we use as an indicator of the Presidential power to persuade and examples of how it breaks down during partisanship?
Presidential support score - % of Congressional votes that went the way the POTUS wanted
96.7% for Obama in 2009, fell to 45.7% in 2015 - lost both Houses in the midterms, partisanship is the power to persuade
43
What are 2 examples of Presidential deal making as an informal power?
1. Trump making compromises to pass the First Step Act 2018
2. Trump making concessions to pass $1.4 trillion budget in December 2019
44
Example of how Presidential power to persuade is not always party political?
House Freedom Caucus blocking Trump's 2018 budget
45
Example of deal making as a CHECK on presidential power rather than a presidential power in itself?
Presidents must make concessions to pass budgets
46
Which POTUS used the presidential power of setting the agenda the most adeptly? How is this a growing power of the POTUS?
DJT. Social media
47
Example of how Presidential agenda setting can be powerful?
DJT claimed that the 2020 presidential election had been 'stolen', that his supporters ought to 'fight like hell'.
Hence came the Capitol insurrection. Trump was impeached for incitement to insurrection in January 2021
48
To what extent is de facto party leader a power of POTUS?
Not great
49
Example of how de facto party leader status exists for POTUS?
2010 ACA, 2009 AJA, 96.7% Presidential support score in 2009...
50
Example of how de facto party leader status may NOT exist for POTUS?
Despite bicameral majorities, Trump could not repeal 2010 ACA, a key campaign pledge he had made
51
Why does POTUS have great powers of international influence?
The US is the most powerful liberal democracy and military superpower EVER.
52
What are 4 organisations the US dominates, showing the POTUS' power as leader of the free world?
1. G7
2. UN
3. NATO
4. WTO
53
What are 3 examples of POTUS leading the free world?
1. George Bush 'War on Terror' and the coalition
2. Obama 2015 Paris Agreement
3. America Middle East policy since 1973
54
Which POTUS shows us that world leader status is limited, and conditional?
DJT
"America First" - withdrew from Paris, signalled withdrawal from NATO and left WHO.
It is up to the President
55
What is 'direct authority' and why has it been clumped together with the stretching of implied powers?
Direct authority means without approval of Congress or other branches of government.
Stretching of implied powers over successive administrations means Presidents feel their direct authority is greater
56
What are 3 examples of direct authority and stretching implied powers?
1. Executive orders
2. Signing statements
3. Executive agreements
57
Why is an executive order an implied power?
Article 2 only gives the POTUS executive power, does not specifically mention executive orders
58
Who issued the most executive orders?
FDR, 3721
59
An example of a famous executive order?
1957 Eisenhower uses them to desegregate Central High School in Little Rock, Arkansas after local education authorities refused
60
Example of how executive orders have been stretched?
Obama used them to essentially pass regular legislation for instance increasing the federal minimum wage or outlawing discrimination against same sex couples in healthcare insurance, 2016
61
What is a signing statement and why is it limited?
When the President leaves a comment when they sign a bill into law.
Line Item Veto Act 1996 - SCOTUS agreed that vetoing only certain sections of a bill is unconstitutional
62
Example of a signing statement?
2017 DJT wrote one saying a bill imposing sanctions on DPRK, Russia and Iran was affecting his constitutional authority to conduct foreign policy
63
Example of how executive agreements are powerful?
Circumvent Senate
64
Example of how executive agreements are not powerful?
DJT pulled out of 2015 Paris Accords and 2015 Iran Deal
65
What is EXOP?
Executive Office of the President
Equivalent of Cabinet Office
An office which provides both advice and administration for the President
66
Who set up EXOP? What does this tell us?
FDR. Expansion of Presidential authority
67
What are 4 key powers of EXOP?
1. Write legislation
2. Promote the POTUS
3. Run the Federal Government
4. Negotiate trade deals
68
Why is EXOP an example of POTUS informal power?
Greater executive authority - an office which influences OTHER BRANCHES e.g. writes legislation
69
How is POTUS constrained?
Checks and balances
70
What are 8 LEGISLATIVE checks and balances on the POTUS?
1. Refuse to pass legislation
2. Override veto
3. Power of the purse
4. Confirmation of appointments
5. Ratification of treaties
6. Power to declare war
7. Investigation
8. Impeachment
71
Example of COTUS failing to pass legislation? Example of how this is ineffective?
2012 Sandy Hook - gun control not passed despite majority support
2009-2010 - he got a lot done
72
Examples of how overturning Presidential vetoes is difficult?
Obama only had one of 12 repealed, and it was JASTA, right at the end of his presidency. Trump had one veto overturned - his defence budget - at the end of his Presidency
73
Why is overturning a Presidential veto hard and evidence?
Both parties would need to turn against it.
Mitch McConnell described Trump's refusal to pass the Defence Spending Bill as against the interests of 'our brave men and women'
74
How many posts must be filled by Senate confirmation in each administration? Eval?
1200-1400
MANY PRESIDENTS TAKE MONTHS NAY YEARS TO FILL THEIR ADMINISTRATION
75
Examples of how Senate confirmation power is a weak check on the POTUS?
1. Only 9 Cabinet nominees have ever been rejected, and 11 SCOTUS nominees.
76
When is the Congressional check on Presidential appointments more effective?
100s have withdrawn when it became clear they weren't going to secure the support necessary
77
Example of a time when Senate's power to deny ratification of treaties was significant?
1919 ToV - many have argued this precipitated American isolationism which weakened the League of Nations to the point that Germany was able to re-arm
78
Example of how investigation powers of Congressional investigation is limited?
Trump Russia interference investigation
79
What was the committee investigating Watergate called and when was it set up?
Select Committee on Presidential Campaign Activities. 1973
80
Example of a time when investigation powers of Congress were significant?
85% of the population saw some portion of the televised hearings of the Select Committee on Presidential Campaign Activities
Nixon refused to comply. House started an impeachment inquiry, and the impeachment trial forced the handover of the Watergate tapes. The tapes revealed that Nixon had conspired to cover up the break-in and used federal officials to deflect the investigation. He resigned in disgrace when it became obvious he was going to lose an impeachment vote
81
Why is impeachment a big deal?
1996 - Clinton never recovered.
Even if no conviction - House vote is damaging
82
Example of SCOTUS check on the President?
2017 - Trump banned travellers from Muslim majority countries
The SCOTUS forced him to amend the executive order so that Venezuela, North Korea and Chad were included, hence it was not a "Muslim ban", hence the order was allowed
83
Example of the weakness of executive orders?
Biden overturned the 2017 Travel Ban on his first day in office
84
What are 4 constraints on the POTUS outside of formal checks and balances?
1. Party support in Congress
2. Prevailing judicial philosophy in SCOTUS
3. Attitudes to media and public opinion
4. State governments
85
How can state governments oppose the President's agenda and an example?
Democratic Governor of California Jerry Brown and Gavin Newsom thereafter:
1. Joined a regional Paris Accords after Trump withdrew
2. Overrode Trump's ban on sanctuary cities with a federal law
3. Withdrew National Guard troops from the Californian border
86
How is prevailing judicial philosophy a constraint on the POTUS?
A non-sympathetic SCOTUS can limit Presidential power
87
How can the press be a constraint on Presidential power? 2 reasons why not?
Can portray the President in a bad light e.g. Fox News critical of Obamacare
1. People watch the channel that agrees with their political leanings
2. Trump started a trend of pretending the media wasn't a real thing and that "fake news" was really responsible for the fact he was bad at his job
88
Why might the press not effectively constrain Presidential power?
1. People watch the channel that agrees with their political leanings
2. Trump started a trend of pretending the media wasn't a real thing and that 'fake news' was really responsible for the fact he was bad at his job
89
True or False: the President may only propose legislation at SOTU?
False. Can propose any time
90
How is the budget devised?
POTUS devises with OMB (Office of Management and Budget) and then submits within COTUS
91
OMB is part of...
EXOP
92
After a veto, the bill...
Returns to COTUS within 10 days
93
How many pardons did Obama issue?
212
94
What are 3 sources of informal Presidential power?
1. Electoral mandate - for lawmaking
2. Executive orders
3. National emergencies
95
Example of a national emergency enhancing Presidential power?
POTUS legislation on PATRIOT Act and executive orders for imprisoned suspects was backed after 9/11
96
POTUS devises with OMB and then submits within?
COTUS
97
OMB is part of?
EXOP
98
After a veto, the bill?
Returns to COTUS within 10 days
99
3 sources of informal Presidential power?
1. Electoral mandate - for lawmaking
2. Executive orders
3. National emergencies
100
Example of a national emergency enhancing Presidential power?
POTUS legislation on PATRIOT Act and executive orders for imprisoned suspects was backed after 9/11
101
Example of the limitation to electoral mandate as a source of Presidential power?
2010 midterms for Obama - unable to pass much legislation afterwards e.g. Sandy Hook 2012
102
Is the electoral mandate important?
Not as much as it used to be. For instance, Republicans still voted against ACA
103
When was the electoral mandate used to stop a nominee?
Merrick Garland
104
Are executive orders enumerated powers?
No
105
How many Cabinet secretaries? What are they?
15
Heads of the executive departments
106
Why is cabinet less important?
Rise of EXOP
107
When was the EXOP set up and why?
1939
Brownlow Committee - President alone not enough
108
Example of how the NSC's power has fluctuated?
1. President Obama's first term - Clinton and Obama made more decisions together
2. Condoleeza Rice under Bush - much closer relationship e.g. over Iraq
109
Who formed the OMB and when?
Nixon in 1970
110
2 jobs of the OMB?
1. Help the President compose the budget
2. Oversees all federal department and agency spending
111
What does the WHO do?
White House Office
The President's personal office made up of their closest advisers, ordering information and schedule for the president
112
How many offices within the WHO?
30
113
Members of WHO are?
Anonymous
114
Beyond the Office for Legislative Affairs, how can the executive use powers of persuasion on COTUS?
VP is a Senate President
115
Why is the power of persuasion less important in US politics?
Separation of powers prevents patronage
116
Example of how party allegiances in COTUS can affect the President's powers of persuasion?
Bill Clinton - 86.4% Presidential Support Score in united government, 36.2% in divided
117
2 sources of enumerated checks on Presidential power?
1. Congressional checks and balances
2. Judicial checks and balances
118
When was Hamdan v Rumsfeld?
2006
119
Another example of the SCOTUS limiting presidential power using judicial review?
2014 - the way Obama uses recess appointments was unconstitutional
Pro Forma sessions e.g. sessions just for confirmations are allowed
120
How can the 22nd Amendment limit Presidential power? Way around and example?
22nd - lame duck period
Use executive orders
Biden used executive orders to
121
Example of how political capital can come from popularity?
Clinton impeachment vote in 1999 failed when Clinton had 73% approval rating
122
Example of how the media can put limitations on Presidential power?
2016 - Withdrawal of US troops from Afghanistan
123
3 soft limitations on Presidential power
1. Media
2. Divided government
3. Political capital
124
The source of all enumerated checks on Presidential power is?
The Constitution
125
Evidence of debate within the extent of Presidential power over foreign policy from the Constitution Centre?
Article 2 Section 2 - "Commander in Chief" clause
Described as one of the most debated clauses in the US Constitution
126
Was WPA actually "circumvented" in 2001 and 2003? Evaluation?
No, AUMFs were passed
This shows the informal power of the Presidency is very strong when POTUS is popular
127
What is the problem with the Authorisation for the Use of Military Force in Afghanistan (2001)? What does it show?
The House passed, with only 1 representative voting against, a blank check to Bush to take whatever action was necessary to eliminate those responsible for 9/11.
The Act has been used to justify interventions in Iraq, Eritrea, Somalia, the Philippines, Georgia and elsewhere. Once the cat is out of the bag...
You don't need formal power.
128
Where else can enumerated powers come from besides the Constitution?
Congressional
129
Formal powers
Powers EXPLICITLY granted, either by the Constitution or by Congressional laws
130
Informal powers
Powers that have a political, not a constitutional, basis. For instance, the President's role as party leader, and their agenda setting power
131
3 areas informal powers come from?
1. International standing
2. Party standing
3. National popularity
132
Example of how formal powers have varied?
Section 3 Article 2 - POTUS can propose legislation to COTUS
FDR was the first person to really use this power
133
Example of implied powers expanding under FDR?
120,000 Japanese Americans detained in 1942. Overturned in 1945 by SCOTUS and formally apologised for in 1988 and paid compensation
134
Extraordinary rendition
When Bush administration suspended civil liberties to interrogate prisoners of war in American territories under his supposed INHERENT POWERS
135
Example of a time when POTUS refused to sign a law into existence, meaning it became law automatically within 10 days anyway?
Obama 2016 - Iran Sanctions Act. He couldn't be seen to be pro-Iran, but he had just negotiated a treaty (the JCPOA)
136
Why is there a 10 day period?
10 day period excluding Sundays delineated in constitution
137
Are SOAPs on the rise?
Yes
138
Example of SOAP?
National Defence Authorisation Act November 2012
Obama said he would veto if certain provisions included
139
Example of how vetoes, whilst declining in frequency, have not declined in importance?
2 of Trump's 10 were to keep border wall funding - pretty important
140
Example of a war without congressional approval?
Clinton sent troops into Kosovo 1990s
141
Why will Congress never get the balance right regarding foreign policy?
Some of it must be secret e.g. 2011 Osama Bin-Laden
142
Example of a pre-emptive pardon?
2024 Hunter Biden pardoned, including for all future offences
143
Example of how bipartisanship is necessary in divided government?
December 2019 - concessions to $1.4tn budget so that it passes
144
When is being party leader as POTUS easier? Eval?
Periods of united government when you can get legislation through
But in 2017, Trump still couldn't repeal ACA despite a GOP trifecta
145
3 examples of US global leadership?
1. US dominates WTO, UN and NATO
2. 2015 Iran Nuclear Deal
3. 2015 Paris Accords
146
3 examples that show US leadership gone wrong?
1. US AID cut over 90% - Belt and Road initiative taking over
2. Withdrawal from many UN bodies, including the UNRWA and HRC
3. 28th February 2025 - berating of Zelensky in the White House for ingratitude, and a subsequent end to intelligence sharing
147
Direct action
Taking action without consulting COTUS
148
Example of direct action
2018 Trump-Kim bilateral summits in Singapore
149
Why, on a macro level, are direct action foreign agreements on the rise?
Rise of bilateralism - multilateral institutions such as the UN failing
150
Executive orders versus vetoes
Veto - formal, enumerated power
Executive order - formal, implied power
151
Why is the executive order an implied right?
POTUS has power to make sure laws are "faithfully executed"
152
Most prolific user of executive orders?
FDR - 3721 used
153
Caveat to increased use of executive agreements?
Can more easily be removed by next POTUS e.g. Trump and Paris
154
Why are overrides uncommon?
Would implicitly require support of a lot of the President's party
155
Why was JASTA override the exception?
Overturned 97-1 in the Senate and about 9/11
156
Evidence Senate rejection of nominees is rare? Eval?
Over 1000 Presidential appointments to the executive or judiciary must be confirmed by the Senate. But in the Senate's history, only 11 SCOTUS nominees and 9 cabinet nominees have been rejected
11 and 9 represent larger relative numbers given the fact that fewer cabinet and SCOTUS nominees are appointed
157
Why was Garland's nomination considered partisan?
Had Garland been appointed, a majority of SCOTUS justices would be Democrat since the 1970s
158
What proportion of the US watched some percentage of the Watergate hearings?
85%
159
Evidence impeachment is partisan?
Only after Trump's left office in 2021 did the number of Senators to vote for impeachment rise from 1 to 7
160
Evidence judicial checks and balances are not always partisan?
2020 SCOTUS rules that President must give his financial records to criminal prosecutors - despite the 6-3 conservative majority
161
Famous example, besides California, of an executive-gubernatorial standoff?
Andrew Cuomo and Donald Trump
162
Why is the media less of a constraint on Presidential power than it used to be?
Demonisation and the post-truth society
Trump decried "fake news" and mocked a disabled journalist
163
Example of sharp divisions rising in Presidential support?
Trump's high water mark was 49%, Obama's was 69% and Bush's was 90%. Trump first to have a sub 65% highest approval rating, but Biden and Trump 2 did not exceed this
164
Controversial cabinet member of recent months?
DOGE - part of EXOP - created by executive order. Believed to be unconstitutional. Run by Elon Musk, though not technically, even though Musk sits in Cabinet.
165
Example of a political appointee to the Cabinet?
Hillary Clinton 2009-13 Secretary of State
Helped heal divides after bitter 2008 primaries and promoted a broad range of political experience
166
Counterargument to the expertise in the Cabinet argument?
Steven Mnuchin - Trump's treasury secretary - Goldman Sachs executive
Revolving door? Mnuchin supported Tax Cuts 2017
167
Example of how Cabinet reflects background?
Obama was a former law professor, and 2/3 of his Cabinet were Ivy League
Trump was a plutocrat, and had $2.3billion net worth in his Cabinet
168
Another example of how Senatorial checks are being bypassed?
Trump says he likes having the "flexibility" of having acting Cabinet secretaries rather than confirmed ones - famously sacked Rex Tillerson in 2018 by Twitter
169
Facts which show frequency of Cabinet meetings varies?
Obama had them 3.5x per year, 6x per year with Bush, and Trump had 9 per year in 2017 and 18, then 4 in 2019, then 1 in 2020
170
Why are Cabinet meetings different in form in the US?
Not really much collective discussion - press is there too
171
White House Chief of Staff
Most senior Presidential adviser and head of EXOP and, within it, the White House Office
172
Greatest power of the White House Chief of Staff?
Controls access to the President
173
Key point to make about federal agencies as compared to executive departments and caveat?
Tend to have more autonomy from POTUS
May 2017 - Comey fired by Trump for Mueller investigation
174
Why was Rahm Emanuel controversial?
Obama's first Chief of Staff
Link to SpAd power in the UK - unelected, yet helped coordinate policy experts and cabinet officers. Made cabinet officers submit a weekly report. Key liaison in the passing of ACA 2010. SPATIAL LEADERSHIP
175
Example of how differing Presidential approaches towards the wider staff can influence outcomes?
Obama - tight ship with a sense of common purpose
Trump - 2018 Fire and Fury - aides jostling for position etc. Had 4 Chiefs of Staff within 4 years - John Kelly was not on speaking terms by January 2019
176
Trump's 4 CoS?
Reince Priebus - January-July 2017
John Kelly - 2017-2019 - not on speaking terms with Trump by 2019
Mike Mulvaney - 2019-2020
Mark Meadows - 2020-2021
177
US equivalent of SpAd?
Policy czar
178
Example of a policy czar?
Paul Volcker - monetarist economist served as chief of the Economic Recovery Advisory Board 2009-11 with Obama. Decisive in forming the ARRA with Tim Geitner
179
Timothy Geitner
Secretary of Treasury
180
Are policy czars just a Democratic thing?
No. Jared Kushner was a policy czar for Trump. Convinced Trump to overrule Rex Tillerson and James Mattis and move the US-Israeli embassy to Jerusalem
181
Most important relationship a President can have in office?
Their relationship with their White House Chief of Staff
182
Policy czars are considered?
Members of EXOP
183
How do different Presidents view the federal bureaucracy and federal agencies?
Some view it as a beneficial force to be expanded (generally Democrats) and Republicans often see it as detrimental
184
Example of a Democrat President who believed the federal bureaucracy was a force for good?
Obama - expanded FedGov by 8%
185
Example of a President who wanted to pull back the federal bureaucracy and evidence they have had successes?
Trump - in 2018 announced plans to abolish 22 government agencies, but Congress refused to pass the budget to do so
But in 2025, Trump has been acting by executive order
186
Example of how executive orders are limited?
Trump abolished Department for Education in March 2025, but he needs an Act of Congress to do it
Federal bureaucracy is ENTRENCHED
187
Example of how not all Republicans shrink FedGov?
Increased employees by 13.8% under Bush due to 9/11 e.g. Department for Homeland Security
188
Example of how Presidential informal power can influence the conduct of their formal powers?
Obama's terms provide a good example
Early successes and popularity led to ACA and ARRA, but by 2016 was depending on executive orders and he couldn't get Merrick Garland through
189
Example of an executive order struck down by SCOTUS?
2016 - executive order to delay deportations struck down by SCOTUS
190
Lame duck President
When a President has run out of political capital and informal power and is unable to achieve much
191
Last time a UK Government had its budget stopped in the Commons and eval?
1978 budget failed to pass in its intended form - no confidence vote a year later.
Same thing happens all the time in the US
192
Example which shows Congressional check on pardon is weak?
August 1999 - Puerto Rican terrorists given clemency - bipartisan votes to condemn in both Houses of Congress, but went through anyway, despite opposition from FBI, DOJ and Fraternal Order of Police
193
What inherent power did POTUS gain in July 2024?
1st July 2024 - Trump v United States
Presidents have legal immunity for all executive formal and implied powers.
194
Fundamentally, Presidents are the head of...
A vast executive bureaucracy
195
What institutions are directly connected to the President?
EXOP, Cabinet, and Federal Agencies.
196
What are the executive departments and how are they different from federal agencies?
Executive departments have a Cabinet officer, while federal agencies are independently run but accountable to the Federal Government.
197
Who leads the EXOP?
The White House Chief of Staff.
198
What is a key institution included in the EXOP?
White House Office.
199
What are five institutions within EXOP?
1. Office for Management and Budget
2. National Security Council
3. White House Office
4. Council of Economic Advisers
5. Office for National Drug Control Policy.
200
How is the Cabinet different in the US?
In the US, the President is the BOSS and the Cabinet Officers are ADVISORS. The President tells them what to do and can ignore their advice
201
What are five sources of Cabinet Officers?
1. Academics
2. Industry experts
3. Former politicians
4. Military officers
5. Lobbyists.
202
What does the makeup of the Cabinet reflect?
It reflects the perspective and experience of the President of the United States.
203
Give two examples of Presidential Cabinets influenced by the perspective/experience of their President.
1. Bush appointed CEOs as part of his pro-enterprise drive
2. Obama had a background in law. 2/3 of his officers had attended an Ivy League university. For instance, he nominated Steven Chu as secretary of energy, who won a Nobel prize in Physics
204
Example of a President who appointed a Cabinet based on their own experience?
Trump said he wanted a Cabinet of officers who had 'made a fortune' and his first Cabinet had a net worth of $2.3 billion.
205
Example of someone who appointed lobbyists to Cabinet?
Trump nominated Andrew Wheeler to head the EPA in 2018 and nominated more former lobbyists in 3 years than Obama or Bush during their 8-year terms.
206
What facts show the Cabinet is getting more diverse?
Biden appointed the 'most diverse in history' Cabinet, including:
1. First African-American defense secretary (Lloyd Austin)
2. First female treasury secretary (Janet Yellen)
3. First openly gay cabinet officer (Pete Buttigieg)
4. First Native-American cabinet officer.
207
Give two examples of military generals in the cabinet.
1. Trump - James Mattis (2017-19)
2. Lloyd Austin (2021-present).
208
What is the relevance of the 25th Amendment?
The VP and a majority of Cabinet can declare the President unfit and take control.
209
Example of a President using their ability to sack Cabinet secretaries with impunity?
Trump famously sacked his Secretary of State Rex Tillerson via Twitter in 2018.
Trump said in 2019 he liked having "acting" Cabinet ministers (i.e. awaiting Senate confirmation) as it gave him "more flexibility"
210
Example of how the Cabinet is not that deep in the US?
The Cabinet only meets a few times a year for a catch-up and is not actually a forum for collective decision-making.
211
How frequently does the Cabinet meet?
As often as the President wants.
212
What determines Cabinet assemblage frequency? Give examples.
Presidential style; for example, Obama met 3.5 times a year, while Bush Sr. met 6 times a year.
213
Example of a President adapting Cabinet meetings?
Trump would use Cabinet meetings with lengthy addresses to the press outlining policy ideas.
214
How many people are employed by EXOP?
3000-4000
Cabinet Office in UK is 2050
215
What is a key way the EXOP concentrates Presidential power?
Appointments to the White House Office, the part of EXOP that works most directly with POTUS, are entirely discretionary and hence executive power concentrated
216
What is the point of the White House Office?
To advise the President on key issues.
217
Why is the White House Chief of Staff so powerful?
Control who gets to POTUS in their role as the head of the White House Office of EXOP
218
What is the National Security Council?
The President's forum for advice on foreign policy and national security debates.
219
Who chairs the NSC?
The President.
220
What is the Situation Room?
An area run by the NSC in the basement of the White House that serves as a control hub for POTUS in the event of a domestic or foreign emergency
221
What are five key members of the NSC?
1. Secretary of State
2. Secretary of the Treasury
3. Vice President
4. President
5. Chair of the Joint Chiefs of Staff.
222
What is the Joint Chiefs of Staff?
The top officer of each branch of the military, commanded by a Chair who reports to the NSC.
223
What are two parts of the federal bureaucracy?
1. Executive departments
2. Federal agencies.
224
Why are President's less powerful as regards federal agencies rather than departments?
Cabinet officers can be dismissed by the President, whereas federal agency heads can generally only be sacked for wrongdoing.
225
Example of a POTUS who established precedent by having a go at federal agencies?
Trump fired FBI director James Comey in 2017.
226
Examples of executive departments?
Agriculture, Labor, Education.
227
Examples of independent federal agencies?
Labor Relations Board, US Postal Service, Federal Aviation Administration.
228
Therefore, 4 things within the executive branch the President has to contend with
1. Cabinet
2. EXOP
3. Federal Agencies
4. Executive Departments.
229
Example of how powerful a Chief of Staff can be?
Obama appointed Rahm Emanuel. He was meticulous:
1. Coordinated the work of the policy experts, advisers and cabinet officers
2. Asked Cabinet Officers to write a weekly report
3. Summarised key advice for the POTUS
230
Example of a missed opportunity for a Chief of Staff?
Reince Priebus. Had a chaotic 6 months in post, before being replaced by John Kelly in July 2017. Kelly attempted to impose order, such as by organising those with access to POTUS, but his attempts were sporadic. He was hated by Trump and they were literally no longer on speaking terms when he quit in January 2019. He was replaced by Mick Mulvaney, who was replaced by Mark Meadows a little over a year later.
Trump had 4 chiefs of staff in 4 years.
231
Does the Chief of Staff matter?
Arguably yes.
Obama's success may have helped ACA get through, whereas Trump's disorganisation squandered attempts to ruin it
232
What determines the President's relationship with their wider staff? Give an example.
Presidential style
Obama's White House was reportedly well run and everyone had a sense of shared purpose, whereas Trump, according to the 2018 book "Fire and Fury", left many posts unfilled and had an executive branch who spent much of their time grappling for influence and trying to get his attention. HENCE TRUMP'S WIDER STAFF TENDED TO UNCONDITIONALLY SUPPORT HIS AGENDA
233
What is a 'czar'?
A policy expert the President uses to further a particular agenda.
234
What is the UK equivalent of a policy czar?
A SpAd.
235
Who used policy czars most effectively? Give an example.
Obama
Paul Volcker - chair of Economic Recovery Advisory Board which Obama set up, who co-existed with Timothy Geithner, secretary to the treasury
236
Who opposed czars and why?
The GOP; they believed Obama had let them gain too much influence without Senate confirmation.
237
But were the GOP scrupulous in their criticism of czars when Trump came to power?
No, of course not.
Trump's son-in-law Jared Kushner became a czar on the border wall, healthcare, supply-side innovation, Lebanon, criminal justice reform, Sino-American relations and Mexican-American relations
238
Example of a czar being powerful?
In 2017 Kushner convinced Trump to move the US Israeli embassy to Jerusalem, undermining his Cabinet Rex Tillerson and James Mattis who said it was not a good idea
239
Who introduced czars?
FDR.
240
Are EXOP staff political operatives?
To an extent; for instance, Kushner's role as policy adviser was useful for Trump's re-election campaign.
241
2 examples of Democrats who increased the scope of the federal bureaucracy and a comment?
1. Obama increased federal employee numbers by 8%
2. FDR dramatically expanded FedGov
Generally Democrats
242
Give two examples of the federal bureaucracy being shrunk and an evaluative comment.
1. Trump pledged to abolish 22 government agencies
2. Trump relocated Economic Research Service to Kansas City Missouri
The first thing failed because Congress didn't approve it
The latter was a failure because 78% of the staff resigned
Clearly, reducing the size of FedGov is difficult
243
Example of a President (GOP) who grappled with controlling the size of the Federal Government?
Bush pledged to shrink it but it increased in employee numbers by 13.8% due to the war on terror, and also economic and education stimulus
244
What is a lame duck President?
The later part of a President's term when they can't get things done, usually due to losing Congress.
245
How can you avoid becoming a lame duck President? Give an example.
Use executive orders; for example, Obama.
246
Example of an executive order that failed? What does this show?
Obama's executive order to protect some illegal immigrants from deportation - challenged by 26 states and struck down by SCOTUS
Lame duck extends to executive orders too
247
When was the first accusation of the imperial presidency made? What does this tell us?
Arthur Schlesinger accused Nixon of presidentialism.
248
Give three examples of Nixon's imperialism.
1. Authorised military action in Cambodia and Laos without Congressional approval, even after 1971 revocation of the Gulf of Tonkin resolution and 1973 War Powers Act
2. Watergate revealed the shadow of his personal influence
3. Foreign policy actions imperial
249
Who was the first to make accusations of imperilled presidency?
Gerald Ford.
250
What are two reasons for an imperilled presidency?
1. Congress is too strong.
2. Executive bureaucracy hampers presidential ambitions.
251
6 key issues in the debate of the imperial/imperilled presidency
1. Military action
2. Emergency powers
3. Direct authority
4. Congress opposition
5. Presidential style
6. Expansion of federal government.
252
Examples of how the Presidency is imperial in military action?
Clinton got Kosovo, Obama got Libya, Bush got everything, all without COTUS. WPA 1973 is pointless.
253
What happens during a national emergency?
The President gets more than a hundred special powers and federal funding.
254
Why does the use of emergency powers make the POTUS imperial in nature?
They are being declared more frequently e.g. FDR declared in 1941 over war, and Trump used it for border wall
255
How might emergency powers actually show POTUS to be imperilled?
National Emergencies Act 1976. Any declaration of national emergency must be accompanied by a legal justification and a 6 monthly review by COTUS in which COTUS can overturn
256
Give two reasons that, despite the National Emergencies Act 1976, emergency powers still show POTUS as imperial.
1. More than 30 national emergencies still active
2. You can veto the COTUS review, as Trump did twice, which increases the threshold to 2/3, almost never achievable
257
Does direct authority show the POTUS to be imperial or imperilled?
Arguably both - the power is itself imperial, but imperilled in its use
For instance, the 2015 Iran Nuclear Deal, Paris Agreement and executive orders used by Obama were all because he had lost COTUS and was imperilled
258
Give three ways Congress can make the POTUS imperilled.
1. Impeachment
2. Budgetary concessions
3. Government shutdowns.
259
Example of a POTUS who had to make budgetary concessions?
Trump had to cut spending to pass the House Freedom Caucus in 2018.
260
How can the POTUS be imperial with relation to COTUS though?
They can deflect impeachment; for example, Trump was acquitted by the Senate.
261
What is the most important determinant of the imperial/imperilled aspect of the presidency?
CURRENT EVENTS.
Bush was imperial because he could be, approval ratings over 90%
262
Examples of Presidents whose imperial and imperilled style we can contrast?
1. FDR
2. Herbert Hoover - constantly needed Congressional approval to do anything
263
Which President from the 1980s was imperial?
Reagan - 76 vetoes.
264
5 ways Trump was the most imperial President for generations and what this adds to the imperial/imperilled debate?
1. Declared a national emergency to get what he wanted
2. Said he had an "absolute right" to pardon himself, hence is above the law
3. Claimed "total authority" over states during COVID-19, cancelling federalism
4. Sacked political appointees, including his secretary of state, over Twitter
5. Encouraged a coup d'etat to prevent his replacement
Checks and balances - and his own incompetence - stopped Trump. This is a useful insight into the "innate" imperilled nature of the presidency
265
Does Federal Government size empower the POTUS?
Normally, yes, contradicting claims of Ford.
266
Example which shows how executive orders are often over the most contentious issues?
2014 - 'deferred action status'.
267
The NSC under powerful Presidents is often termed what?
An 'honest broker'.
268
Example that shows attempts by Congress to reduce the imperial presidency have failed?
The War Powers Act is often circumvented.
269
Gerald Ford characterized his presidency as what?
"Imperilled"
Assailed by vast bureaucracy
270
Why can the POTUS not veto appointments to the post of NSA?
It's a federal agency.
271
Example that shows that SCOTUS can act even against popular Presidents, undermining the view that popularity is a determining factor in how limited a POTUS is by SCOTUS?
2006 Hamdan v Rumsfeld - Tribunals were deemed illegal.
272
Examples of COTUS challenging POTUS more when approval ratings are low and caveat?
2018 - Impeachment, Investigation etc.
They won the midterms
273
What does the WHO do which is special?
They are impartial
Their members are anonymous and their advice is impartial
274
What is the composition of the WHO?
More than 30 departments including Office of Political Affairs, National Economic Council etc.
275
3 functions of the WHO?
1. Policy advice
2. Communicator between POTUS and COTUS (OLA)
3. Daily management of WH business
276
Example which shows that WHO has centralised power in the hands of the President?
WHO nominees do not need Senatorial approval since they are not "primary officers"
Controversy
277
Examples which show that the Presidency became more imperilled after Nixon?
1. Budget Impoundment Act - 1970s - greater COTUS control of Presidential spending
2. War Powers Act 1973 - POTUS must get COTUS' approval for troop deployment
278
What effect did the Budget Impoundment Act have?
Vietnam War spending decreased.
279
What is the Byrd rule?
1974 Budget Impoundment Act: you cannot filibuster a budget, but you can raise a point of order and filibuster on something "extraneous" (i.e. pork or non-budget related matter) and this requires cloture to end.
280
Who theorised the imperial Presidency and when?
Arthur Schlesinger, 1973 - before Nixon ended
281
Main reason Schlesinger thought the Presidency was imperial? Evidence?
The use of INHERENT powers e.g. over foreign policy had grown beyond what the Fathers had intended
Cited the interventions in Cambodia and Laos, which had been secret and without Congressional approval, as well as the War in Vietnam continuing after 1971 and the revocation of the Gulf of Tonkin resolution
282
What is the Byrd rule?
1974 Budget Impoundment Act: you cannot filibuster a budget, but you can raise a point of order and filibuster on something 'extraneous' (i.e. pork or non-budget related matter) and this requires cloture to end.
283
Who theorised the imperial Presidency and when?
Arthur Schlesinger, 1973 - before Nixon ended.
284
Main reason Schlesinger thought the Presidency was imperial? Evidence?
The use of INHERENT powers e.g. over foreign policy had grown beyond what the Fathers had intended
Cited the interventions in Cambodia and Laos, which had been secret and without Congressional approval, as well as the War in Vietnam continuing after 1971 and the revocation of the Gulf of Tonkin resolution
285
2 examples Ford gave when making the argument for an imperilled Presidency?
1. POTUS' warmaking powers had been scaled back under the 1973 War Powers Act
2. Federal bureaucracy sprawls to the extent it is hard to institute meaningful reform - each department has its own agenda
286
6 things we can use to evaluate whether the Presidency is imperial or imperilled?
M E D I C S
1. Military action
2. Emergency powers
3. Direct authority
4. Increase in the size of the federal government
5. Congressional opposition
6. Style of the President.
287
Overall, military action shows evidence of a... Example?
Imperial presidency. 2011 intervention in Libya by Obama - approved without Congress.
288
Why are national emergencies great evidence of the imperial presidency?
Can be used to suspend basic liberties etc.
289
Example of a national emergency which suspended basic civil liberties?
FDR and the internment of Japanese-Americans (120,000) after Pearl Harbour.
290
What check is there on the President's power of national emergency and evaluation of this veto?
National Emergencies Act 1976 - Congress can review every 6 months and legal justification must be given
Congressional disapproval can be vetoed - e.g. after declaring a national emergency in 2019, DJT vetoed COTUS' attempts to overturn it twice
291
Eval on direct authority?
Can be overruled by later POTUSes.
292
Evidence direct authority is increasing?
By mid-March 2025, Trump had already passed 92 executive orders, a lot considering Obama signed 276 in his 8 years in power
Trump's executive orders have tested the limits of Presidential direct authority
293
Example of a Trumpian executive order that has stretched direct authority?
Trump signed an executive order to end birthright citizenship to children of non-US citizens
This violates the 14th Amendment and will therefore face legal challenges
294
What is the biggest thing which makes POTUS' imperilled and example?
COTUS - see Obama after he lost COTUS - couldn't pass Sandy Hook reforms or get Garland through.
295
Evidence COTUS has a limited imperilling impact though?
2019 impeachment - only one GOP Senator in favour
Partisanship. If you have COTUS, don't worry about gridlock
296
Example judicial checks on POTUS are weakening?
March 2025 - a judge ruled Trump could not deport 250 Venezuelan suspected gang members. But Trump did it anyway, claiming that the flights were over international waters at the time of the court order.
297
Example of a Presidential style which relied heavily on imperial style?
FDR - issued 3721 executive orders and had 3 terms.
298
What might Ford be referring to when he said that POTUS cannot bring back the frontiers of FedGov even if they try?
Impoundment - 1969 Rehnquist court ruling - POTUS cannot stop federal spending without a Congressional mandate.
299
3 examples which show Trump's imperial style in his first term?
1. Using czars such as Kushner to make major decisions
2. COVID-19 and declaration of "total authority" over the states
3. 2018 - "absolute right" to pardon himself
300
Does the federal government expanding help or harm the POTUS?
Probably helps, despite what Ford claims.
301
What was Truman's model of the Presidency?
Power to negotiate and persuade - NEGOTIATOR IN CHIEF.
302
Wildavsky's model of the presidency?
Dual presidency - imperial overseas and constrained at home.
303
How many executive orders in the first 100 days of DJT 2.0?
198.
304
How did Congress strike back against POTUS foreign policy overreach?
2011 - Obama and Libya censure.
305
How has Congress abdicated some of its commerce clause powers?
Given them to POTUS over tariffs.
306
Is an executive order binding?
No.
307
How does the executive have an agenda setting power, even if executive orders aren't legally binding?
Actions of agencies can set a cultural tone e.g. banning DEI and convincing other firms.
308
Evidence Congressional productivity is inversely proportional to presidential power?
2025 - COTUS very unproductive first 100 days.
309
Why is Trump's imperialism unique?
Other imperial POTUS' work with COTUS if they have a trifecta e.g. LBJ or FDR.
310
What are the executive departments and how are they different to federal agencies?
Executive departments have a CABINET OFFICER
Federal agencies are INDEPENDENTLY RUN but accountable to FedGov.
