3.3: US Presidency

Question 1

What are the requirements to be President?

Answer 1

REQUIREMENTS FOR PRESIDENCY

1. Natural born US citizen.
2. At least 35 years old (added at the Philadelphia Constitutional Convention after George Mason commenting that ‘his political opinions at the age of 21 were too crude’).
3. Resident of the US for 14 years (consecutive/cumulative is still debated).

Question 2

What did the Constitution outline about the role of the President?

Answer 2

CONSTITUTION ARTICLE II
- Far shorter and vaguer than Article I, allowing for the growth of the modern presidency.

1. SECTION I - Nature of the Presidency
   a) Executive power vested in ‘a president’ (singularly).
   b) Four-year terms.
   c) Explanation of presidential elections.
   d) Presidential requirements for office.
2. SECTION II, Powers of the President
   a) Commander in chief.
   b) Requires the opinion of heads of departments.
   c) Pardons and reprieves.
   d) Makes treaties.
   e) Appoints ambassadors, judges and officials.
   f) Recess appointments.
3. SECTION III, Responsibilities of the President
   a) State of the Union address to Congress.
   b) Convene special sessions of Congress.
   c) Receive ambassadors.
   d) Faithfully execute laws.
4. SECTION IV, Impeachment
   a) Impeachment for ‘Treason, bribery or other high crimes and misdemeanours’.

Question 3

What is the structure of the executive branch?

Answer 3

EXECUTIVE BRANCH (2018 - 2 million Civilian employees plus 1.5 million uniformed personnel).

1. President
2. Vice President
3. Executive Office of the President (EXOP)
   a) White House Office
   b) Office of management and budget (OMB)
   c) National Security Council
4. Cabinet (15 heads of departments plus other officers)
5. Federal Bureaucracy
   a) Departments
   b) Agencies
   c) Commissions
   d) Cooperations

Question 4

What is the Federal Bureaucracy?

Answer 4

FEDERAL BUREAUCRACY
- The administrative bodies of the US presidency, consisting of departments, agencies and commissions which act under the president’s directions (civil service).

Question 5

What are the expressed and implied powers of the President?

Answer 5

PRESIDENTIAL EXPRESSED POWERS (ENUMERATED)

• Commander in chief
• Negotiate treaties
• State of the Union address
• Appoint ambassadors, judges, officers of the USA
• Recess appointments
• Pardon
• Convene special sessions of Congress
• Approve or veto legislation

PRESIDENTIAL IMPLIED POWERS (INTERPRETATED)

• Establish a cabinet
• Executive agreements
• Executive orders
• Executive privilege

Question 6

What amendments affect the Presidency?

Answer 6

PRESIDENCY AMENDMENTS

1. 12th Amendment (1804)
   - Refines the electoral procedure for the president and vice president.
2. 20th Amendment (1933)
   - Moves inauguration from 3rd March to the 20th January.
3. 22nd Amendment (1951)
   - Limits a president to two terms (after F.D.Roosevelt won 4 terms (1933 - 1945)
4. 25th Amendment (1967)
   - Clarifies the line of succession and the procedure for an incapacitated president.

Question 7

What power does the President hold as ‘Head of State’, ‘Head of Government’ and concurrent powers to both of these roles?

Answer 7

HEAD OF STATE (HOS)

• More ceremonial.
• Greater oversight of foreign policy.
• Less accountable by branches of gov.
  1. Power of the Pardon (and grant reprieves)
  2. Receiving ambassadors
  3. Chief Diplomat
  4. Ceremonial duties

HEAD OF GOVERNMENT (HOG)

• Deal with domestic policy, national budget.
• Preside over the executive branch and cabinet.
  1. Chief legislator
  2. Chief executive
  3. Convene special sessions of Congress

CONCURRENT POWERS AS HEAD OF STATE AND GOVERNMENT (HOS+HOG)

1. Commander in Chief
2. Recognising countries
3. State of the Union address
4. Making treaties

Question 8

How may the President exercise his power as Chief Legislator?

Answer 8

CHIEF LEGISLATOR (HOG)

• Once Congress has passed a law, it is received by the president, who can:
  1. Sign the bill
  a) Often sign in a public ceremony with media present.
• Due to the limited amount of legislation passed through a congressional session, this gives the President an opportunity to demonstrate achievements to the public.
• EXAMPLE. Both ‘No Child left behind Act 2002’ BUSH and ‘Patient Protection and Affordable Care Act 2010 OBAMA was signed surrounded by members of Congress and American public whom the laws will positively affect.
• EXAMPLE. ‘Tax cuts and jobs Act 2017’ had Trump alone in the Oval office due to the rushed ceremony following negative press reports suggesting he would not get the bill signed before Christmas.
• EXAMPLE. Stop Enabling Sex Traffickers Act (SESTA) 2018 allowed websites to be prosecuted for facilitating online sex trafficking, Trump signed the bill surrounded by lawmakers who had helped and victims of sex trafficking.

2. Veto the bill
   a) Gives president final say over legislation as a blunt political tool (Article 1, section 7).
   - Wary of using vetos as he will need to get his own legislative agenda through.
   - Equally, if his veto is overridden then it makes the president look week.
   - EXAMPLE. Bush had 4/12 vetoes overridden, at 33% it was more than double the rate of 20th-century presidents.
   - EXAMPLE. Obama had 1/12 of his vetoes overridden.
   b) The threat of a veto alone can be a power-wielding move, shaping the legislation before it is brought before him.
   - EXAMPLE. Obama threatened to veto the Keystone Pipeline Bill in 2015 and subsequently had to actually use his veto.
   - EXAMPLE. Trump signed a $1.3 trillion spending bill just hours after he threatened on Twitter to veto it. This may undermine the impact of any future veto threats that he makes.
   c) Presidential vetoes since Reagan (Overridden)
   - Reagan = 39 (9)
   - Bush = 29 (1)
   - Clinton = 36 (2)
   - Bush = 12 (4)
   - Obama = 12 (1)
   - Trump = 5 (0)
3. Take no action
   a) President has 10 days to decide what to do with a bill, after 10 days it automatically becomes a bill.
   - May do this if he dislikes the bill but fears his veto will be overridden and make him look weak.
   - EXAMPLE. Obama allowed a renewal of the Iran Sanctions Act 1996 without his signature, allowing the President to impose sanctions on Iran yet inconsistent with the Iran Nuclear Deal that he had struck just a year earlier.
   b) ‘Pocket Veto’ if Congress goes into a recess within those 10 days, then the bill ‘dies’.
   - Depends on the Congressional calendar, becoming rare in recent presidencies.
4. Line-item veto (1996 -1 998)
   a) Under the ‘Line-Item Veto Act 1996’ Clinton was able to veto parts of budget bills passed by Congress.
   b) Later ruled unconstitutional in ‘Clinton v. City of New York 1998’.

Question 9

How may the President exercise his power at the State of the Union address?

Answer 9

STATE OF THE UNION ADDRESS (HOS+HOG)
- The annual address delivered by the President in Congress outlining his legislative agenda for the coming year.

1. Every president has delivered this annual legislative request.
2. Congress will decide what is accepted, rejected or amended from this speech and is dependent on factors such as:
   a) Timing in the electoral cycle.
   - Many achieve the most important goals in their first 2 years when their mandate is fresh.
   b) The popularity of the president.
   - Partisan control is a more important source of presidential power than the public mandate as a unified gov. will be able to overcome limits to any mandate.
   c) The strength of the presidential mandate
   - Clinton = 43% popular mandate.
   - Bush = 47.9% popular mandate.
   - Obama = 52.9% popular mandate.
   - Trump = 46% popular mandate.
3. Past presidents at Union addresses (demand) with successes and failures:
   a) Clinton
   - Healthcare Reform (1994), failed to pass Congress and became an issue in the 1994 midterms.
   - Assault Weapons Ban (1995), successfully passed a 10-year ban ending in 2004.
   - Balance budget (1996), failed as the US gov. deficit still grows.
   b) Bush
   - ‘Axis of Evil’ and acting against the sponsors of terrorism (2002), debatable with Congress authorising military action but the success of these actions is questionable.
   - Healthcare reform (2003), successfully reformed, making prescriptions more affordable.
   c) Obama
   - Gay rights (2010), success with ‘Don’t ask, don’t tell repeal act signed.
   - Gun control (2013), failure as meaningful gun control frustrating Obama.
   - Immigration reform (2016), failure as Obama relied on executive action instead.
   d) Trump
   - Calls again for repealing Obamacare (2018), failure with 2017 attempts also failing.
   - Calls for Congress to pass $1.5 trillion infrastructure bill (2018), failure with the longest gov. shutdown in US history because of Trump’s wall.

Question 10

How may the President exercise his power as Chief Executive?

Answer 10

CHIEF EXECUTIVE (HOG):

1. APPOINTMENTS
   a) Appoints 4,000 key officials, with 1,200 needing Senate confirmation.
   - Appointment of Supreme Court Justices and Cabinet positions are confirmed by a simple majority in the Senate.
   b) Constitution gives the President the power to ‘Require the opinion… of the principal officer in each of his executive departments’ which implies the President can form a cabinet.
   c) Bush 1
   - Supreme Court = David Souter, Clarence Thomas.
   - John Tower (Defence) = rejected after allegations of alcoholism and womanising.
   d) Clinton
   - Supreme Court = Ruth Bader Ginsburg, Stephen Breyer.
   - Hershel Gober (Veteran affairs) = withdrawn by the President following sexual misconduct allegations.
   e) Bush 2
   - Supreme Court = John Roberts, Harriet Miers (withdrew), Samuel Alito.
   - John Bolton (UN Ambassador), eventually a recess appointment.
   f) Obama
   - Supreme Court = Sonia Sotomayor, Elena Kagan, Merrick Garland (expired).
   - Judd Gregg (Commerce), a Republican nominee who withdrew over differences with Obama.
   g) Trump
   - Supreme Court = Neil Gorsuch, Brett Kavanaugh.
   - Betsy de Vos (Education), a tie-breaking vote cast by Vice President Pence.
   - Steve Bannon (Chief Political Strategist) and mistakenly installed him as a permanent member of the National Security Council in 2017.
2. RECESS APPOINTMENTS
   a) Allows the president to make temporary appointments to vacancies which would usually require Senate approval when the Senate is in recess.
   - These appointments expire at the end of the next Senate session whereby he must formally nominate the candidate or another.
   - Aimed to prevent the president from circumventing the Senate powers by waiting for recess to fill vacancies.
   b) Recess appointments.
   - Clinton made 139 recess appointments.
   - Bush made 171 recess appointments (including John Bolton following Democrat filibustering).
   - Obama made 32 recess appointments, yet was challenged by the Supreme Court.
   - EXAMPLE. Obama made 4 recess appointments (to the NLRB and CFPB) during the Senates 3-day recess in Jan 2012. Yet the Senate was holding a ‘Pro-forma’ session, whereby it was still technically in session. NLRB v Canning 2014 challenged these appointments and the SC ruled that the appointments were invalidated.
   - EXAMPLE. ‘Pro-forma’ sessions were used in 2017 by the Senate in fear that Trump would fire Attorney General Jeff Sessions and replaces him with someone who would remove Robert Muller who was investigating Russian election interference and collusion.
3. EXECUTIVE ORDER
   a) A directive issued to the federal bureaucracy regarding how the president would like a piece of legislation or policy to be interpreted and enforced.
   - Can not be used to create new legislation, but just to give instructions to federal departments and agencies regarding the enforcement of legislation.
   - Can be overturned by the Supreme Court or new legislation.
   b) Presidential executive orders:
   - Kennedy 1961 = Requirement of gov. contractors to take ‘affirmative action’.
   - Carter 1979 = Creation of the Federal Emergency Management Agency (FEMA).
   - Obama 2009 = Ensured lawful interrogations (banning torture).
   - Obama 2013 = Executive Order to create the ‘White House Council on Native American Affairs’.
   - Obama 2013 = After Congress failed to pass gun control legislation following the shooting at Sandy Hook Elementary School, Obama signed 23 executive actions.
   - Obama 2016 = Loosen the travel restrictions to Cuba, was criticised by Marco Rubio (Senator of Cuban descent).
   - Trump 2017 = Removal of federal subsidies underpinning Obamacare.
   c) Trump has also signed 58 executive orders in his first year, despite campaigning against them.
   - 2017 Sanctions on Iran.
   - 2018 Separating families that cross the US border illegally. (which was reversed by Executive Order due to negative public reaction).
   - 2017 Muslim Travel Ban was superseded by 2 more orders and the 3rd was upheld by the SC in a 5-4 decision.
4. EXECUTIVE MEMORANDA
   a) Similar to executive orders, yet there is no formal process for how this is issued by the president.
   - It is also not recorded in the Federal Register and not numbered.
   b) Often used to delegate tasks that Congress has given to the executive branch.
   - EXAMPLE. Obama-era memoranda regarding ‘Deferred Action for Childhood Arrivals (DACA)’ came from the Department of Homeland Security and was issued to remove immigrants who met certain criteria to be a priority for the department’s deportation resources. Redirecting resources of the department to other areas.
5. PRESIDENTIAL PROCLAMATIONS
   a) Historically significant, but more so ceremonial today to give directions to people outside of the executive branch.
   - They are recorded on the Federal Register (alike executive orders) and have the force of law.
   b) Famous EXAMPLES:
   - Emancipation Proclamation (Lincoln, 1863) freed slaves.
   - Bush declaring a “National Emergency by Reason of Certain Terrorist Attacks’ in 2001.
   - Clinton made 554, Bush made 941, Obama made 213, Trump has made around 200.
   - More commonly used to direct flags to be flown at half-mast following death and to recognise religious holidays.
6. SIGNING STATEMENTS
   a) A statement issued by the President regarding a bill that he has just signed into law, stating sections that they might not enforce (effectively a line-item veto).
   b) Can be used to highlight the positive or negative aspects of a bill, challenging aspects on constitutional grounds.
   - EXAMPLE. Obama signed the National Defence Authorization Act 2011, writing concerns over the ‘detention, interrogation, and prosecution of suspected terrorists’.
   c) Debates over whether they are constitutional, with the President expected to execute laws, not ignore the bits he dislikes, with power over legislation.
   - American Bar Association claimed that such statements ‘undermine the rule of law and our constitutional system of separation of powers’.
   d) Increase in statements (with statements objecting part of the law):
   - Reagan = 250 (86)
   - Bush = 381 (70)
   - Clinton = 381 (70)
   - Bush = 161 (127)

Question 11

How may the President exercise his power to grant reprieves and pardons?

Answer 11

REPRIEVES AND PARDONS (HOS)

1. President has the power of pardon to forgive a person of a federal (not state) crime, erasing it from their criminal record.
   a) Impeachment can not be pardoned
   - The debate over whether a President could pardon themselves is a matter of debate, with Trump stating he had the ‘absolute right’ to pardon himself.
   b) Used en masse by Ford and Carter to pardon thousands of men who evaded the Vietnam War draft.
   c) Pardons are usually issued after someone has served their sentence.
   d) Pardons by presidents
   - Clinton = 396
   - Bush = 189
   - Obama = 212
   - Trump = 7
2. Reprieves have evolved to mean ‘COMMUTATIONS’ (The ability for the President to reduce the sentence issued for a crime).
   a) Issued whilst someone is serving their sentence
   b) EXAMPLE. On his last day, Obama issued 330 commutations to people convicted of drug offences, representing the view that the ‘War on Drugs’ had failed, and underlined his calls to reform laws surrounding drugs in office
   - EXAMPLE. Chelsea Manning served the US military when she released classified military intelligence to WikiLeaks, with the atrocities of war in Iraq and Afghanistan. She was arrested and charged with ‘aiding the enemy’ which carried the penalty of death. She was acquited of this crime in 2013, but found guilty of 21 remaining charges and sentenced to 35 years. Obama commuted her sentence on his last day in office.
   c) Commutations by president
   - Clinton = 61
   - Bush = 11
   - Obama = 1,715
   - Trump = 4

Question 12

How may the President exercise his power to convene special sessions of Congress?

Answer 12

CONVENE SPECIAL SESSIONS OF CONGRESS (HOG)

1. Has the power to call a special session of Congress back from recess.
   a) Rarely used today, Congress has been convened 27 times, with the Senate alone 46 times.
   - Mainly used for their unique powers in the Senate such as confirming a cabinet nominee or treaty.
   - The whole of Congress recalled in response to international situations, Roosevelt in 1939 regarding US neutrality in WW2.

Question 13

How may the President exercise his power to be Commander in Chief?

Answer 13

COMMANDER IN CHIEF (HOS+HOG)

1. The president is constitutionally the head of the Army and Navy (includes the air force, marines and coast guard today).
   a) Yet the Constitution is unclear of the extent of these powers, except that Congress can declare war.
   - Yet role has broadened since 1942 and the war involvement.
2. Development of new weaponry (nuclear weapons) has impacted power.
   a) Need for armies have decreased, whilst the need for a swift response has increased.
   - Congress has attempted to retain power by passing the War Powers Resolution 1973 (deemed unconstitutional by presidents since and their incorporation has not been challenged).
3. Unilateral War Powers
   a) President have made military decisions without consulting Congress.
   - The requirement for greater speed, secrecy and expertise in decision making.
   - Yet ordering military action without consultation or consent from Congress can be seen as bypassing key requirements of the Constitution.
   - Obama authorised airstrikes in Libya 2011 to destabilise the Libyan Government without Congressional approval.
4. EXAMPLE. War on Terror
   a) After 9/11 attacks on the World Trade Centre, Bush addressed Congress on the “War on Terror”.
   - 14 Sep 2001, Congress passes the ‘Authorisation for use of military force against terrorists’, granting the president the right to use all ‘necessary and appropriate force’ against those who planned and committed the attacks.
   - Oct 2001, USA and Coalition forces invade Afghanistan.
   - Jan 2002, Guantanamo Bay is established, holding suspected terrorists without trial.
   - 16 Oct 2002, Congress passes the ‘Authorisation for the Use of Military Force Against Iraq’, outlining the justifications and authorisation for military involvement in Iraq.
   - Mar 2003, The USA and Coalition forces invade Iraq.
   b) Congress tried to control the Iraq War with the power of the purse but failed.
   - Supreme court tried to challenged detentions in Guantanamo Bay 4 times, but the camp remains open and there have been no prosecutions, with detainees released without charge (and waterboarding common practice).
5. Presidents have the power over the military domestically.
   a) Federal troops have been deployed in national emergencies:
   - Hurricane Katrina 2005.
   - BP Deepwater Horizon 2010.
   - Trump signed to move troops to the US-Mexico border in 2018 to halt the crossing of illegal migrants. Movement of such troops is not allowed under federal law unless authorised by Congress, Bush and Obama did the same at the border.

Question 14

How may the President exercise his power to Make Treaties/Executive Agreements?

Answer 14

MAKE TREATIES (& EXECUTIVE AGREEMENTS)(HOS+HOG)

1. President has the right to create treaties with the consent of Congress.
   a) Formal treaties require negotiation by the President and 2/3rds vote of approval in the Senate:
   - But no constitutional requirements on leaving treaties, President can remove without asking Congress.
   b) Clinton
   - 1996 Comprehensive Nuclear Test Ban (48-51) = rejected.
   c) Obama
   - 2010 NEW START New Strategic Arms Reduction Treaty [between Russia and the USA to reduce nuclear arsenals] (71-26) = Passed.
   - 2012 Convention on the Right of Persons with Disabilities (61-38) = Rejected.
2. Executive agreements are similar to treaties but they do not require Senate approval.
   a) Congressional power of the purse can restrict these agreements and control presidential action.
   b) Obama
   - 2015 Joint Comprehensive Plan of Action (JCPOA) - the Iran Nuclear Deal = Enforced as an executive agreement.
   - 2015 The Paris Agreement = Enforced as an executive agreement (yet Trump withdrew with effect from Nov 2020).
   - 2016/2017 Trans-Pacific Trade Partnership = Trump withdrew in January 2017.
   c) Case-Zablocki Act 1972 - Mandates all Presidents to declare all executive agreements.
   - Enabled Congress to vote to cancel an executive agreement or to refuse to fund its implementation.

Question 15

How may the President exercise his power to Receive Ambassadors and to recognise countries?

Answer 15

RECEIVE AMBASSADORS (HOS) + RECOGNISE COUNTRIES (HOS+HOG)

1. As HOS, he receives ambassadors from foreign nations.
   a) By receiving Ambassadors, or not, he can use this power to decide who the USA will work with:
   - Bush recognised Kosovo in 2008.
   - Obama recognised Sudan in 2011.
   - Trump moved the USA Embassy in Israel from Tel Aviv to Jerusalem in 2018, recognising Jerusalem as apart of Israel.
   - Establishing relationships with these countries.
   b) Vietnam was not recognised by the USA until 1995 after the Vietnam (North and South) war.
   c) Can cause international difficulties:
   - Obama met the Dalai Lama (an exile from Tibet) that campaigns from Tibetan independence - met anger from the Chinese gov.
   d) Can open trade opportunities which can impact the US domestic economy.

Question 16

How may the President exercise his power to carry out ceremonial duties?

Answer 16

CEREMONIAL DUTIES (HOS)

1. The annual pardoning of a turkey at Thanksgiving.
2. Throwing the first ball of the season on the Opening Day of the US baseball season.

Question 17

How might there be informal sources of presidential power, and what might they be?

Answer 17

INFORMAL POWERS
- Powers that are not granted explicitly by the Constitution but which are taken anyway, or enable the President to gain power.

1. The Electoral Mandate
2. Executive Orders
3. National Events
4. The Cabinet
5. Powers of Persuasion

Question 18

What is the importance of the cabinet?

Answer 18

THE CABINET

1. Constitutionally holds no formal power (as executive power is vested in ‘a president’).
   a) All presidents have had a cabinet since 1793.
   - Originally 4 members; State, War, Treasury and Post Office.
   - Now consists of the heads of 15 heads of departments.
2. The cabinet is a source of power for the President.
   a) Cabinet members are policy specialists and direct support for policy objectives
   - EXAMPLE. Tim Geithner was Obama’s treasury, having previously been the President of the Federal Reserve Bank of New York (appropriate after the 2007 recession). Geithner introduced the ‘Financial Stability Plan’ which committed billions of $ to ‘lending initiatives’ to boost the economy.
   b) Important to manage department-level policy for the President, who would be ineffectively spread across a dozen departments.
   - EXAMPLE. Secretary of State, John Kerry, helped to develop foreign policy on the Israeli-Palestine peace accords across 2014 alongside Obama.
   c ) President has final say over policy, members are advisory.
   d) Cabinet-levels officials can undertake work and roles on behalf of the President.
   - EXAMPLE. Secretary of State, Mike Pompeo, met Mexican president after his election in July 2018.
   - EXAMPLE. 2014 Obama concerned that Defence Secretary, Chuck Hagel, was not transferring Guantanomo detainees out fast enough. Obama’s national security adviser, Susan Rice, contacted Hagel to update every 2 weeks (Hagel publically replied that he would be “responsible”, but resigned by November). Obama relied on Susan Rice within EXOP to carry out his duties.
   - EXAMPLE. In 2013 Obama wanted to withdraw from Iraq and Afghanistan and reduce the Defence Department budget, so he appointed Hagel as he was a republican and gave him bipartisan cover.
   e) Sometimes they rarely meet
   - Obama met his every 2 months for about 2 hours.
3. The Cabinet has a symbolic value
   a) Clinton wanted his cabinet to ‘look like America’.
   - Aim for greater diversity made the cabinet more representative and appealed to a wider demographic rather than just ideologic.
   - Obama had one of the most diverse in 2009, 7 women, 4 African Americans, 3 Asian Americans, 2 Hispanics, 2 Republicans.
   - Trump has the most white patriarchal cabinet since Reagan.
   b) Symbol of the ‘Government at Work’
   - Media presence in meetings projects an image to the public.

Question 19

What are the different executive departments and additional members in recent Presidents cabinets?

Answer 19

EXECUTIVE DEPARTMENTS (15)

• Secretary of:
  1. State
  2. Treasury
  3. Defence
  4. Attorney General
  5. The Interior
  6. Agriculture
  7. Commerce
  8. Labor
  9. Health and Human Services
  10. Education
  11. Housing and urban development
  12. Transportation
  13. Energy
  14. Veterans Affairs
  15. Homeland Security

BUSH additional Cabinet

1. Chief of Staff
2. Environmental Protection Agency
3. Office of management and budget
4. Office of National Drug Control Policy
5. United States Trade Representative

OBAMA additional Cabinet

1. Chief of Staff
2. Environmental Protection Agency
3. Office of management and budget
4. Ambassador to the UN
5. United States Trade Representative
6. Council of Economic Advisers
7. Small business Administrations

TRUMP additional Cabinet

1. Chief of Staff
2. Environmental Protection Agency
3. Office of management and budget
4. Ambassador to the UN
5. United States Trade Representative
6. Director of National Intelligence
7. Director of the CIA
8. Small business Administrations

Question 20

How may the President exercise his powers of persuasion to achieve policy goals?

Answer 20

POWER OF PERSUASION

1. 1960s Professor Neustadt - ‘Power of the presidency is the power to persuade’.
   a) Each president has the same constitutional powers, each being checked directly by Congress.
   - Must, therefore, rely on persuasion, reputation and public prestige to achieve policy goals.
   - Could use these skills to bargain and persuade rival centres of power within the US political system.
2. Appeal directly and morally to Congress (often through the media).
   a) EXAMPLE. Obama 2013 Rose Garden speech maintained the belief that military action was needed in Syria over the Govs. use of chemical weapons. Also saying that as the ‘leader’ of the oldest constitutional democracy in the world, it was right to ask Congressional approval.
   - Trump does the same via tweets.
3. White House can be used as a stage/’BULLY-PULPIT’.
   a) Bully Pulpit - A strong/significant platform from which the President can advance his policy.
   b) As the White House itself has such importance and gravitas, speaking from it can place pressure on those with legislative control.
   - Addresses from the Oval Office can be effective due to its historical significance (George Bush addressing the nation after 9/11).
   - EXAMPLE. 2015 Obama used this platform to call for gun control after the San Bernardino shooting.
   - EXAMPLE. 2017 Trump briefed the entire Senate at the White House on North Korea.
4. Personal Gravitas
   a) Methods of directly phoning congressional leaders or personal meetings have influence.
   - May be achieved to a lower significance if his White House Staff liaise with Congressmen instead.
   - EXAMPLE. Obama’s deputy chief of staff, Messina, called Senators to ensure ratification of Sonia Sotomayor.
   - EXAMPLE. Obama was known to have private meetings with Republican Speaker John Boehner to advance his legislative agenda.
5. President might offer inducements to members of Congress.
   a) Offering broader policy promises to make the legislation more palatable.
   - EXAMPLE. Obama’s promises about Syrian intervention being limited and involving no deployment of US troops.
   - EXAMPLE. Obama deported more people than any other president, 1.2 million in his first 3 years, to show Congress that he could be trusted and supported with immigration reforms.
6. Personal mandate
   a) Popularity will be rewarded with support; as doing so may win votes and popularity for Congressmen.
   - Presidents with lower poll ratings will find it difficult to use such powers of persuasion
   b) Importance of personal style and charisma.
   - Obama was well-spoken, intellectual but averse to overconfidence around Congress.
   - Trump is brash, aggressive but far-reaching through his Twitter platform - ‘shock and awe’ tactics.

Question 21

What is the Executive Office of the President (EXOP) and the role it plays?

Answer 21

EXOP

• Agencies that work within, or directly for, the White House; being organised by the President himself.
• Staffed by loyalists and referred to as the ‘West Wing’.
• Began in 1939, when the Brownlow Committee reported that the President was severely understaffed and needed substantial administrative support.
• Structured by multiple Councils and Policy areas.

EXOP ROLE

1. Policy Advice
   - Provide and co-ordinate administrative support.
   - OMB advises on budgetary issues, whilst the NSC helps consider National security and foreign policy.
2. Manage the President
   - Chief of Staff oversees the actions of the White House and manages the Presidents schedule.
3. Oversee Departments
   - Some members are often charged with taking control of Cabinet and gov. departments to follow Presidential priorities.
4. Relations with Congress
   - The Office of Legislative Affairs develops strategies to advance the Presidents legislative initiatives.
5. Specialist Functions
   - Some Presidents have created offices with specific mandates relating to their special interests.
   - Obama sponsored the Office of Faith-based and Neighbourhood Partnerships to work with Community groups to end poverty, support women and children and encourage fathers to stay in the home.

Question 22

What are 3 agencies in the Executive Office of the President (EXOP)?

Answer 22

EXOP AGENCIES

1. National Security Council (NSC)
   a) Advises the President on matters of national security and foreign policy with daily briefings.
   - Attended by the Vice President, secretaries of state, treasury, and defence alongside the director of national intelligence and the national security adviser (NSA).
   - Operates out of the Situation Room, secure conference room in the White House.
   b) Profile of NSC depends on the President
   - EXAMPLE. Often comes into conflict with the Department of Defence. Susan Rice (Obamas National Security Adviser) and Chuck Hagel.
   - EXAMPLE. Trump was criticised after appointing Steve Bannon, senior adviser and campaign strategist, to the NSC (politicisation of this body). He also said he did not need a daily security briefing, calling himself a “smart person” who doesn’t need to be told the same thing every day.
2. The Office of Management and Budget
   a) Develop an annual budget for the President for submission to Congress.
   - Presidents take office in January and have budget drafted at the start of February (as required by law).
   - Director of OMB is one of the few roles within EXOP that were subject to Senate confirmation.
   b) Oversees funding and the effectiveness of federal programs and lending advice to the president on policy, budget and legal matters.
3. White House Office
   a) Headed by the President’s chief of staff and containing senior aides and advisers as the President wishes.
   - Able to do so without Senate approval.
   b) Press Secretary is the most public figure in WHO, holding press briefings towards the media.
   - EXAMPLE Sean Spicer was originally Trump’s Press Secretary with claims that he had the ‘biggest ever crowd at an inauguration period.’ being sarcastically copied in Saturday Night Live. Sarah Sanders replaced Sean yet was subject to being the end of a joke at the annual Correspondents’ Dinner.

Question 23

What is the role of the Vice President and what are some examples of recent officeholders?

Answer 23

VICE PRESIDENT

1. Has only 2 powers:
   a) Talke over the role of President if necessary.
   b) Cast the deciding vote in the event of a tie in the Senate.
2. Yet it is the President’s ‘running mate’ in the election and is important in ‘balancing the ticket’.
   - Modern VP is another executive tool the president can use.
3. Past Vice Presidents;
   a) Al Gore (Clinton)
   - One of the Presidents most influential advisors, Gore headed the National Performance Review to reduce the cost of the federal government
   - He worked on immigration solutions and championed environmental policies.
   b) Dick Cheney (Bush)
   - Cheney had one of the largest VP roles in responding to the 9/11 terrorist attacks and subsequent wars.
   - Creating a ‘new doctrine in which the President was accountable to no one in his decision as Commander in Chief’.
   c) Joe Biden (Obama)
   - Argued as one of the most influential Vice Presidents.
   - Often the ‘last guy in the room’ with the President.
   - Experience of over 30 years on the Senate Foreign Relations Committee providing expertise over wars in Afghanistan and Iraq and economic issues.
   d) Mike Pence (Trump)
   - Broke the tie in the Senate for the first time in history on a cabinet nomination, casting 6 tie-breaking votes in his first year.
   - Less reported on than predecessors but still holds unquestionable power, driving the resignation of Michael Flynn as NSA.
   - Evangelical Christian who pushed for the relocation of the American Embassy in Israel, alongside Pompeo.

Question 24

What relationship does the President have with Congress?

Answer 24

PRESIDENTIAL RELATIONSHIP WITH CONGRESS

1. Based on:
   a) The electoral mandate (unified gov).
   b) The timing of the election cycle.
   c) The manner in which he exercises his Constitutional Powers.
2. Separation of powers and presidential-congressional relations.
   a) President and Congress receive separate mandates.
   b) President has limited patronage power over individual members of Congress.
   c) Possibility of bipartisanship control or divided gov between President and Congress.
3. Agenda-setting and legislation.
   a) Speaker Nancy Pelosi visited Syrian President Assad in 2007.
   - Speaker John Boehner invited Israeli PM Benjamin Netanyahu to address a joint session of Congress.
   - Jewish Americans are overwhelmingly Democrats (AIPAC, American Israel Political Action Committee is pro-Israel).
   - Evangelical Christians (Republicans) are overwhelmingly Pro-Israel due to the book of revelation.
4. Votes and vetoes.

Question 25

How effective is the Presidential accountability to Congress?

Answer 25

ACCOUNTABILITY EFFECTIVE

1. Short term election cycle and coattails effect means that Congress is highly responsive to Presidential popularity. It is significantly more likely to vote with constituents over party lines if the President is unpopular. President can not enforce discipline on those who vote against his policy.
2. In domestic policy, Congress has significant powers to control Presidential power, from passing legislation to deciding on the funding that he will be allocated.
   - EXAMPLE. 2017 Trump struggled to pass the American Health Care Act in the House, had to compromise to please conservative Republicans - passing the House in May 2017.
3. Constitution gives a range of checks to prevent presidential action, or ultimately remove the President if necessary.
4. In times of divided gov, Congress has demonstrated bipartisanship to veto override or other powers such as overriding presidential actions.
5. National crises can dent the popularity of the President depending on the response, which directly affects Congress’ willingness to apply checks to his power.

ACCOUNTABILITY INEFFECTIVE

1. Presidents enumerated powers give him far greater power, as he is able to exercise powers alone while congressional powers often require supermajorities and bipartisanship, which are difficult to achieve.
2. Impoundment = When the President refuses to spend funds appropriated by Congress, deferring spending if:
   - A special contingency.
   - To achieve savings through more efficient operations.
   a) Only propose to permanently rescind funds, but Congress must approve within 45 days.
   b) Congress has attempted to restrict it with:
   - Congressional Budget and Impoundment Control Act of 1974 and 1987.
3. In foreign policy, there are significantly fewer powers that Congress has to hold the President accountable, and those that it does have are significantly weaker than its domestic powers.
4. The constitutional powers of Congress are largely reactive, being able only to confirm or deny the presidents choices, and in some cases being circumvented entirely.
5. In times of unified gov, Congress is less likely to use its powers to try and limit the President, allowing him considerable power.
6. In times of national crisis, requiring a swift response, Congress often acts with deference to the President who, as a singular executive, can act rapidly. This often gives the President large grants of power.

Question 26

What relationship does the President have with the Supreme Court?

Answer 26

PRESIDENTIAL RELATIONSHIP WITH SUPREME COURT

1. Only formal power is over nominations over vacancies.
   a) Gives the President the ideological balance of the court.
   - But vacancies do not appear at his will.
   - Justice Kennedy (swing justice) retired in 2018, giving Trump the opportunity to appoint a conservative judge.
   b) The court can assess and overturn Presidential action/policy through judicial review.
2. He has limited ability to pressure the court
   a) Obama openly criticised the Supreme Court in his 2010 State of the Union Address, arguing that its rulings in Citizens United v Federal Elections Commission had ‘opened the floodgates’ to huge volumes of money being spent in elections.
   - Justice Samuel Alito sat in the audience saying ‘not true’
   b) Obama suffered defeats with his DAPA executive order and recess appointments deemed unconstitutional.
   - Successes with the court upholding Obamacare and Same-sex marriage federally. Not attributed to the President but do affect the relationship between branches.
   c) Trump criticised the judge who halted his immigration ban
   - Calling District Judge Robart as a ‘so-called judge’.

Question 27

How might elections change the nature of Presidential power?

Answer 27

ELECTIONS CHANGING THE NATURE OF POWER

1. Electoral Cycle
   a) Lame Duck Presidency
   - Presidents elected in Nov but not replacing the incumbent until Jan, the Presidents office finds it difficult to achieve its policy goals as the focus in on new President and the election over the incumbent’s last term.
   - Has also come to mean a President who is weak and cannot effectively exercise his powers effectively.
   b) Mid-term elections
   - Congressional elections in the middle of a presidential term typically hinder the size of any majority in Congress. They, therefore, experience a decline in power mid-way through their term.
2. Divided Government
   a) President who loses both houses us likely to be more reserved and challenged with his policy.
3. Electoral Mandate
   a) The authority gained at an election by a political leader to act on behalf of the constituents, in force until the next election.
   b) Sweeping victories can increase the strength of his mandate and popularity.
   - This makes his requests to Congress difficult to ignore.
   c) Coattails effect is the ability of the president to bring out supporters for other members of his party due to his popularity.
   - When he performs well at an election, it can help other candidates and support for Congress.
   - Trump said to have a short coattail effect in 2016, but he has faced significant difficulties in Congress.
   d) If unpopular then Congress will distance themselves.

Question 28

What have been the electoral votes for the last 4 Presidents against their rivals?

Answer 28

ELECTORAL VOTES 1992 - 2016

1. 1992
   a) Clinton - 45 million, (43% popular vote), 370/538 ECV.
   b) Bush Snr - 39 million, (37.5%), 168/538 ECV.
2. 2000
   a) Bush Jnr - 50.5 million, (47.8%) 271 ECV, [30/50 States].
   b) Gore - 51 million, (48.4%), 266 ECV [20/50 States].
3. 2008
   a) Obama - 70 million, (53%), 365 ECV.
   b) McCain - 60 million, (46%), 173 ECV.
4. 2016
   a) Trump - 63 million, (46%), 304 ECV.
   b) Clinton - 66 million, (48%), 227 ECV.

Question 29

How might national circumstances change the nature of Presidential power?

Answer 29

NATIONAL CIRCUMSTANCES
1. Either significantly help or hinder Presidential power.

2. Clinton
   a) Oklahoma Bombing 1995
   - A bomb killed 168 people and injured 600+.
   - Clinton was able to use the story of Richard Dean, who re-entered the building 4 times to rescue people, to highlight Congress’ failings in allowing 2 gov shutdowns.
   b) Monica Lewinsky Scandal 1998
   - Clinton was accused of lying under oath about sexual relations with his 22-year-old intern.
   - Subject to impeachment as a result and only narrowly found ‘not guilty’, embarrassing on a national stage.
   c) Economic growth
   - 4% annual economic growth.
   - A record of 22.7 million jobs created.
3. Bush
   a) 9/11 Terrorist Attacks 2001
   - Terrorists hijacked planes into the World Trade Centre and the Pentagon.
   - Bush’s approval ratings jumped overnight and allowed him something to rally around following his poor election result the previous year (going up from 51% to 90% following 9/11).
   b) Hurricane Katrina 2005
   - Hurricane hit New Orleans killing 2,000 people.
   - Bush perceived a slow response, and his support of FEMA (Federal Emergency Management Agency) made embarrassing headlines.
4. Obama
   a) Economic Crash 2008
   - Began under Bush and carried on under Obama.
   - Regardless of the policies that he had campaigned on, he was always hampered by the need to deal with the economic crisis.
   b) Sandy Hook Shooting 2012
   - 20 children (aged 6/7) were killed in Newtown.
   - Obama appeared as a mourner in chief to the nation and was able to advance a gun control agenda, yet little changed.
   c) Hurricane Sandy 2012
   - Affected 24 states, with flooding in New Jersey and New York.
   - Able to use this event to make media headlines. In the middle of the 2012 presidential race, Obama was able to gain headlines at the expense of his rival.
5. Trump
   a) Hurricane Maria 2017
   - Hurricane hit Puerto Rico, killing 3,000.
   - Slow response from Trump at his ‘Mar a Lago’ Resort and his response being self-described as a success courted controversy.
   b) The economic growth of around 3%, but declining popularity.

Question 30

What is the difference between the imperial and imperilled presidency?

Answer 30

IMPERIAL PRESIDENCY
- A presidency which is overly powerful due to a lack of effective checks and balances.

Imperilled Presidency
- A president who finds it difficult to exercise his constitutional powers in the face of overly effective checks and balances (sometimes also referred to as a lame-duck presidency).

Question 31

How may the President exercise his power as Chief Diplomat?

Answer 31

CHIEF DIPLOMAT (HOS)

1. Can control foreign policy by:
   a) Attending World Summits and diplomatic events.
   - G7, G20 as a representative of the USA
   - Trump visited Kim Jong Un at 3 meetings in both Singapore and the Korean DMZ in 2018 and 2019.
   b) The creation of treaties on behalf of the USA.
   - Some are Senate-confirmable.
   - Could circumvent this by using executive agreements.
   c) Reception of ambassadors.
   - Interpreted as the President’s rights to recognise countries.
   d) Appointment of US officials to control foreign policy.
   - Whilst Cabinet officials, such as the Secretary of Defence, are subject to Senate approval, appointments such as the national security adviser (NSA) are not.
   - All have notable power in controlling foreign policy.
   e) Role as commander in chief seemingly usurped Congress’ power to declare war.
   - Congress has attempted to use the power of the purse and the ‘Authorisation for Use of Military Force (AUMF), but struggled to use this to prevent action.
   - EXAMPLE. In 2007, Democrats attempted to defund the Iraq war.
   - The War Powers Resolution 1973 has been viewed as unconstitutional by Presidents and therefore not successfully enforceable.
   f) Head of State, the President often finds Congress acting with deference in times of emergency.

Question 32

Was Congress or the Presidency more in control of the US response to the Syrian Government’s use of chemical weapons in 2013?

Answer 32

SYRIAN GOVERNMENT CHEMICAL WEAPONS 2013

• Syria responded aggressively to the US threat of military action.
• Russia intervened and the Syrian gov. handed weapons to Russia and joined the UN Chemical Weapons Conventions and the Destruction of its chemical weapons.

1. PRESIDENCY
   a) Obama addressed Congress from the Rose garden, laying out his belief in the necessity of a US response and expressing his power as Commander in Chief.
   b) Obama’s defence secretary, Chuck Hagel, approved plans for the use of Tomahawk Missiles against Syria. Simply needed the order to fire from ships near Syria.
   c) At the G20 summit in Russia, Obama tried to get other leaders to support his proposed action in Syria.
   d) Information that was supplied to Congress was largely provided by the executive branch, even sending members evidence which supported the Presidents belief for action.
   e) Obama chose not to call Congress back into session following his Rose Garden speech, and once negotiations with Syria had begun, he called on Congress to postpone its vote.
   f) After a diplomatic outcome, Obama stressed publicly his willingness to act militarily if necessary.
2. CONGRESS
   a) In the Rose Garden speech, Obama said he would allow a congressional vote to ensure full accountability for action.
   b) Speaker Boehner expressed support for military plans, yet made it clear that it was Obama’s responsibility to secure votes in Congress.
   c) The limited action promised by Obama and the promise to not deploy soldiers reflected the long shadow cast by the Iraq War. Public opinion against this war and the short election cycle in Congress restricted the options available to Obama in this situation.
   d) The Senate Foreign Relations Committee held hearings on military intervention in Syria. Giving evidence, Sec of State, John Kerry again ruled out ‘boots on the ground’. The committee eventually approved intervention by 10-7.
   e) Congress members were given classified briefings in preparation for a congressional vote.
   f) Support for military action among members of Congress was low, potentially explaining Obama’s call to postpone the vote and avoid an embarrassing defeat.