Presidency Flashcards

(42 cards)

1
Q

Which article of the Constitution prescribes the powers of the president?

A

Article 2

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2
Q

What are the formal needs the president must meet?

A
  • 35 years old
  • US born
  • Resident for the past 14 years
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3
Q

What are the first 4 sections of article 2?

A

Section 1 - nature
Section 2 - powers
Section 3 - responsibilities
Section 4 - impeachment

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4
Q

What is the nature of the presidency?

A
  • Executive powers
  • 4 year terms
  • Presidential election explanations
    ⤷ i.e. age requirements etc
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5
Q

What are the powers of the president?

A
  • Commander in Chief
  • Pardons and reprieves
  • Treaties
  • Appointment of ambassadors
  • Recess appointments
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6
Q

What are the responsibilities of the president?

A
  • State of Union address
  • Special sessions
  • Receive ambassadors
  • Faithfully execute laws
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7
Q

What is meant by impeachment?

A
  • For ‘treason, bribery or other high crimes and misdemeanours’
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8
Q

What else can the president control?

A

The federal bureaucracy

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9
Q

What is the executive branch made up of?

A

President
Vice President
Executive Office of the president (EXOP)
White House, Office of Management and Budget, National Security Council
Cabinet - 15 Heads of Departments (HOD) + other officers
Federal Bureaucracy
⤷ Departments, Agencies, Commissions, Corporations

Approx 2m civilian employees and 1.5m uniformed and military employees

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10
Q

What are the enumerated powers of the president?

A
  • Commander in chief
  • Negotiate treaties
  • State of Union address
  • Appointment of ambassadors/judges
  • Recess appointments
  • Pardon
  • Convene special sessions
  • Approval/ veto of legislation
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11
Q

What are the implied powers of the president?

A
  • Establish a cabinet
  • Executive agreements
  • Executive orders
  • Executive privilege
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12
Q

Which amendments relate to the president?

A

12th - refines presidential electoral procedures
20th - inauguration moved earlier
22nd - limits 2 term presidents
25th - clarifies line of succession and the procedure for an incapacitated president

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13
Q

What are the 12 formal sources of presidential power?

A
  • Approval of legislation
    ⤷ i.e. signing bill, veto, pocket veto
  • State of Union address
  • Appointments
  • Executive orders
  • Executive memoranda
  • Presidential proclamations
  • Signing statements
  • Pardons and reprieves
  • Special sessions
  • Treaties and executive agreements
  • Commander in Chief
  • Receival of ambassadors
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14
Q

What are examples for approval of legislation?

A
  • Bill signing
    ⤷ Bush - No Child Left Behind (bipartisan, standard levels)
    ⤷ Obamacare 2010
    ⤷ Trump - signed a $1.4tr spending bill hours after tweeting he’d veto it to avoid a third govt shutdown
  • Veto
    ⤷ Roosevelt - 635 total, 9 overridden
    ⤷ Obama - Keystone Pipeline bill 2015 (environmental concerns)
    ⤷ Trump - Iran War Powers Resolution (would have removed armed forced from Iran unless Congress declared war) had 49-44 to override but not 2/3
    ⤷ Trump - Yemen War Powers Resolution (same as Iran)
  • Veto override
    ⤷ Obama - 1/12 - Justice Against Sponsors of Terrorism Act (JASRA) 97-1
  • Pocket veto
    ⤷ if Congress isn’t adjourned and the president doesn’t sign a bill within 10 days, it gets sent back to the beginning
    ⤷ e.g. Bankruptcy Reform Act 2000
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15
Q

What are examples of state of union successes?

A

Clinton - Assault weapons ban 1995
⤷ 10 year ban

W Bush - Healthcare reform 2003
⤷ made prescriptions more affordable

Obama - gay rights 2010
⤷ Don’t ask, Don’t tell Repeal Act (gays in the military)

Biden - abortion 2022
⤷ appointed Kentaji Brown Jackson

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16
Q

What are examples of state of union failures?

A

Clinton - healthcare reform 1994
⤷ failed in congress

Obama - gun control 2013

Trump - repeal Obamacare 2018
⤷ failed and courts left to decide

Trump - $1.5tr infrastructure bill 2018
⤷ longest govt shutdown over the wall

Biden - abortion 2022
⤷ Dobbs v Jackson

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17
Q

What are appointment successes?

A

Obama - Sotomayor
Trump - Kavanaugh and Barrett
Biden - Brown Jackson

Trump - all cabinet confirmed
⤷ e.g. RFK, Pete Hegseth, Musk

18
Q

What are appointment failures?

A

w. Bush - Harriet Miers withdrew SC

H.W Bush - John Tower denied defence as he had rumoured to be a drunk
Obama - Judd Gregg for commerce withdrew over differences
Obama - Garland

19
Q

What are examples of executive orders?

A

Obama - Congress refused to raise the min wage so he signed one to raise wage of federal employees to $10.10

Trump (1st) - weakening of Obamacare

Trump (2nd) - DOGE, ended covid vaccines mandates in schools, ending DEI, withdrawal from WHO, Gulf of America

20
Q

How many EOs did Trump sign? Why was this controversial?

A

58 in his first year
72 in his first month 2025

controversial as he criticised their use under Obama

21
Q

What is executive memoranda?

A

Acts to manage the actions of departments in the exec branch

22
Q

What is an example of exec memoranda?

A

Trump 2025
- hiring freeze for all federal civilian positions
- return to in-person work
⤷ terminate remote work arrangements

23
Q

What are presidential proclamations?

A
  • Mainly ceremonial
  • Mostly highlight a day of importance
    ⤷ Clinton - 554
    ⤷ Bush - 941, e.g. Sep 13th - National Day of Prayer and Remembrance
    ⤷ Trump - Feb 9th - Gulf of America Day 2025
24
Q

What is the signing of statements?

A

Highlights the positives/negatives of a bill before signing it into law

25
What is an example of signing statements?
Positive - Biden - COVID-19 Origin Act 2023 ⤷ ending misinformation and releasing more info Negative - Obama - National Defence Authorisation Act 2011 ⤷ concerns over detention and interrogation of prisoners
26
What was a controversial pardon Obama made?
Chelsea Manning - leaked classified military intelligence showing Iraq atrocities - charged with 'aiding the enemy', 35years
27
What pardons did Obama make to drug offenders?
- Tried to reform laws but was unsuccessful ⤷ reps had House and Senate in 2014 - 330 commutations decided by a group of lawyers who reviewed applications ⤷ Clemency Project 2014
28
Why was Obama's clemency controversial?
- More than the previous 13 presidents combined ⤷ over 1715 ⤷ e.g. Clinton - 200 - the Sentencing Reform and Corrections Act did not pass therefore was an overstep of his powers
29
What are special sessions?
When the president calls for the House/Senate/Congress to convene out of usual times
30
When have special sessions been used?
- Last time was 1948 ⤷ Truman - Congress to address the cost of living
31
How are treaties and exec agreements limited?
- Treaties need Senate approval ⤷ EV - over 90% of international agreements are w/o Senate advice - Agreements need legal support in congressional legislation
32
What are examples of exec agreements?
Obama - Paris Climate Accord ⤷ split Congress ⤷ reversed by Trump
33
What is an example of a treaty?
United States-Mexico-Canada Agreement 2018 ⤷ free trade ⤷ replaced NAFTA (essentially an updated version)
34
What are the powers of commander in chief?
- Head of army, navy, and air-force - Const is unclear on their extent
35
How have the powers of commander in chief been limited?
War Powers Resolution 1973 - Congress must declare war before troops are sent ⤷ EV - state of emergency can get around this
36
When has the War Powers Resolution been overlooked?
9/11 - Congress authorised military force against terrorists ⤷ allowed for invasion of Afghanistan, Iraq ⤷ establishment of Guantanamo Bay Operation Desert Fox 1998 - Clinton ordered the bombing of Iraq - up to 1400 Iraqi soldiers killed and 120 civilians - no authorisation Libya 2011 - Obama sent attacks on Libyan air defences - White House lawyers defended as he did not declare war
37
What is the purpose of receiving ambassadors?
- Shows allies and partnerships ⤷ e.g. Obama 2011 - Sudanese envoy represented his recognition of Sudan ⤷ e.g. Obama 2014 - meeting with Dalai Lama despite China's issues
38
What are the 2 roles of the president?
Head of state (international) Head of Government (domestic)
39
What does the role of head of state entail?
- Grant pardons - Attend global summits ⤷ e.g. G7 - Being 'consoler in chief' ⤷ e.g. Bush post 9/11 - Receiving/nominating ambassadors
40
What does the role of head of govt entail?
- Approval of legislation - Appointing cabinet - State of Union address
41
How does the role of the President compare to the role of the Monarch?
Limits - UK - Bill of Rights 1689 - US - Constitution
42
To do:
Foreign policy Imperial v imperilled comparing to UK