Presidency Examples

Question 1

Example of Congress limiting President (nominations)

Answer 1

In 2016, Senate Majority Leader Mitch McConnell Mitch McConnell rejected Obama’s Supreme Court nomination of Merrick Garland on the basis that the next SCOTUS justice should be chosen by the next President to be elected later that year.

Question 2

Example of Judiciary limiting President

Answer 2

In the case of State of Washington v Donald J. Trump (2017), the federal courts placed a temporary restraining order on Trump’s executive order that banned people from 7 Muslim-majority countries from entering the US.

Question 3

Example of Congress limiting President (veto override)

Answer 3

In 2016, Congress overwhelmingly overrode Obama’s veto of the Justice Against Sponsors of Terrorism Act which allowed the families of 9/11 victims to sue the government of Saudi Arabia for its alleged role in the attacks.

Question 4

Example of imperial President (Trump)

Answer 4

In January 2020, president Trump ordered the assassination of Iranian Quds Force commander, and arguably second most power figure in Iran, Qassem Soleimani, without consulting Congress.

Question 5

Example of imperial President (Obama)

Answer 5

Obama conducted hundreds of drone strikes in the Middle East, more than doubling Bush’s total, all run jointly (and covertly) by the CIA and Air Force.

Question 6

Example of watch-dog oversight (Trump)

Answer 6

In December 2019, House Democrats voted to impeach Trump on the charges of abusing his power by withholding military aid as a means of pressuring the Ukrainian president to investigate his rival Democrat Joe Biden and assist his re-election.

Question 7

Example of watch-dog oversight (Obama)

Answer 7

6 investigations were launched by GOP-controlled House committees into the 2012 Benghazi attack in which led to former Secretary of State Hillary Clinton testified for 11 hours before the House select committee on Benghazi over the event where the Ambassador to Libya was killed.

Question 8

Examples of lap-dog oversight

Answer 8

Trump’s closed-door talks with Putin in Helsinki (2018), during the Mueller Investigation, only briefly aroused the Senate Foreign Relations Committee.

In addition, there was only 1 combative hearing with Secretary of State Mike Pompeo (July 2018), before the Senate Foreign Relations Committee regarding the Trump administration’s hurried approach to foreign relations in terms of Russia and North Korea.

Question 9

Example of President extra-constitutional powers (EO)

Answer 9

Obama created the Deferred Action for Childhood Arrivals (DACA), a kind of administrative relief from deportation to protect eligible immigrant youth who came to the US when they were children, through EO.

In 2014, he also created through EO the Deferred Action for Parent of Americans (DAPA) which granted deferred action status to undocumented immigrants that had children in the US. This allowed him to bypass a divided Congress where the GOP would not have allowed such a bill to pass.

Question 10

Example of President extra-constitutional powers (RA)

Answer 10

Obama made 32 recess appointments, all to full-time positions and Bush made 171.

Question 11

Example of President extra-constitutional powers (EA)

Answer 11

Obama signed the Paris Agreement in 2016 on climate change as an executive agreement to bypass both Houses which were GOP-held.

Also, EAs comprise over 90% of agreements with other nations.

Question 12

Example of limited extra-constitutional powers (EO)

Answer 12

Congress has the power to overturn EOs by passing legislation that invalidates them, and can also refuse to provide funding for their implementation (power of the purse).

Question 13

Example of limited extra-constitutional powers (RA)

Answer 13

Recess appointment power of the President was heavily restricted in NLRB v. Noel Canning (2012) when SCOTUS unanimously ruled that Obama’s appointments of 3 commissioners to the National Labour Board were invalid.

Question 14

Example of limited extra-constitutional powers (EA)

Answer 14

The Case-Zablocki Act (1972) requires the President to inform the Senate within 60 days of any EA being made, enabling Congress to vote to cancel it or to refuse to fund its implementation.

Question 15

Trump’s popular vote score

Answer 15

• Despite achieving only 46% of the popular vote in 2016

Question 16

Examples of Trump’s successes

Answer 16

In 2017, he recognised Jerusalem as the capital of Israel, forced through an $8bn arms deal with Saudi Arabia in 2019, as well as ordered the assassination of Iranian General Qassem Soleimani in 2020.

Question 17

Examples of Trump’s failures

Answer 17

Trump’s poor electoral mandate record has harmed his ability to conduct domestic policy.

His endorsement of the unpopular American Health Care Act in 2017 to repeal and replace Obamacare failed in Congress, in 2019, SCOTUS blocked his attempt to include a question regarding citizenship on the 2020 census as well as new asylum restrictions in 2018.

Question 18

Obama popular vote score

Answer 18

53% and 51% of the popular vote in 2008 and 2012

Question 19

Examples of Obama’s failures

Answer 19

In 2016, he suffered a considerable political blow when the GOP-held Congress overturned his veto of the Justice Against Sponsors of Terrorism Act.

In addition, Obama oversaw arguably the deepest legislative malaise in modern political history, signing just 1,227 bills into law (less even than 1 term Presidents Carter and H.W. Bush) after having been hamstrung by 4-years of divided government and an uncooperative GOP.

In 2015, House Democrats opposed and defeated Obama’s Trade Adjustment Assistance bill which would’ve allowed him to fast-track his negotiated trade deals through Congress.

Question 20

Examples of Obama’s successes

Answer 20

Obama’s strong electoral mandate was mandatory in allowing him to pass his first-term flagship policies such as Obamacare as well as the $787bn American Recovery and Reinvestment Act in 2009 through Congress.

Question 21

Bush popular vote score

Answer 21

48% of the popular vote in 2000 and 51% in 2004

Question 22

Examples of Bush’s successes

Answer 22

Bush achieved an unprecedently high approval rating due to 9/11. Following the attacks, Bush’s call to arms in a nationwide address elicited widespread public support for his “War on Terror” and united the American population against a common enemy.

Energy Policy Act of 2005 (the first comprehensive energy plan in decades), and the $286 billion 2005 transportation bill to modernise America’s physical infrastructure.

Question 23

Examples of Bush’s failures

Answer 23

Hurricane Katrina of 2005 badly damaged Bush’s reputation. Due to his poor handling of the situation, his approval rating sank to the lowest level since he had taken office at 41%.

Question 24

Example of public approval determining success (Obama)

Answer 24

in his first year in office (2009), Obama’s approval rating averaged at 56.5%. This perhaps could have provided him with a strong enough mandate to massively expand the reach of the federal government through the $787bn American Recovery and Reinvestment Act (2009) fiscal stimulus package as well as Obamacare, which included provisions that required most individuals to secure health insurance or pay fines.

Question 25

Example of public approval determining success (Bush)

Answer 25

Bush’s 71% approval rating in 2002 also provided the impetus for him to push through Congress the No Child Left Behind Act (2002) which also considerably increased the reach of the federal government (into education) as well as the controversial Medicare Modernisation Act in 2003 (approval rating of 59%) which was the largest expansion of Medicare since the programme’s creation in 1965.

Question 26

Example of public approval not determining success (Bush)

Answer 26

A president’s approval isn’t a reliable factor as it can be heavily manipulated by a crisis which can considerably help them in their success. Following the 9/11 terrorist attacks, Bush’s approval rating shot unprecedently high to 92%, with his call to arms in nationwide address eliciting widespread public support for his “War on Terror” and united the American population. This provided the impetus for his constitutionally infringing Patriot Act, a considerable expansion of federal government, which allowed US law enforcement to use surveillance and wire-tapping to investigate terror-related crimes.

Question 27

Example of united government determining success (Specific legislation)

Answer 27

Until the 2018 mid-terms, Trump presided over a united government which assisted him in pursuing the $1.5 trillion Tax Cuts and Jobs Act, passed in December 2017, which repealed the tax intended to enforce the 2010 Affordable Care Act’s mandate that most Americans carry health insurance. This would likely not have been passed had Congress been united.

Question 28

Example of united government determining success (Budget)

Answer 28

Hyper-partisanship is also a major obstacle to legislation in times of divided government. For example, The 115th Congress ended without the approval of 25% of government spending (including $5 billion to build the US-Mexico border wall) by the Democrats who controlled the House since the 2018 Midterms, resulting in the longest government shutdown in US history (35-days).

Question 29

Example of united government determining success (Amount of legislation)

Answer 29

Obama oversaw arguably the deepest legislative malaise in modern political history, signing just 1,227 bills into law (less even than 1 term Presidents Carter and H.W. Bush) after having been hamstrung by 4-years of divided government and an uncooperative GOP.

Question 30

Examples of second-term curse (Clinton)

Answer 30

The Monica Lewinsky scandal occurred in Clinton’s second term and he was subsequently impeached in 1998 by the House for lying under oath to a federal grand jury and obstructing jury.

Question 31

Examples of second-term curse (Bush)

Answer 31

After winning re-election in 2004, Bush made the partial privatisation of Social Security his top domestic priority. However, strong opposition from the AARP and moderate Democrats meant that he ultimately failed to win the backing of a single congressional Democrat for his plan, being forced to abandon his proposal in mid-2005.

Question 32

Examples of second-term curse (Obama)

Answer 32

The Edward Snowden leaks, HealthCare.gov launch issues, 2013 government shutdown and several terrorist attacks on US soil including the 2015 San Bernardino attack and the 2016 Orlando nightclub shooting all occurred in Obama’s second term.

Question 33

Examples of no second-term curse (Bush)

Answer 33

He successfully nominated 2 conservatives, Samuel Alito and John Roberts to the Supreme Court, and resisted Democratic efforts to create a timeline of the withdrawal of US troops from Iraq.

Question 34

Examples of no second-term curse (Obama)

Answer 34

Obama passed the American Taxpayer Relief Act of 2012 with bipartisan support in Congress, improved relations with Cuba, and the achieved the Iran Nuclear Deal (2016) all in his second term.

Question 35

Example of informal powers through persuasion (Clinton)

Answer 35

In 1993, a personal call from Clinton to a Democrat representative just off the chamber of the chamber of the House ensured that she cast the crucial 218th vote to ensure the passage of the budget.

Question 36

Example of informal powers through persuasion (Obama)

Answer 36

In 2009, Obama met Republican Senator Susan Collins of Maine and successfully persuaded her to back his American Recovery and Reinvestment Act (2009). In the run-up to the vote on Obamacare (2010), Obama successfully persuaded Congress to vote for it; he mentioned it at the State of the Union address, hosted a meeting in the White House with 11 House Democrats and addressed the House Democratic Caucus regarding it on Capitol Hill.

Question 37

Example of informal powers through persuasion (Trump)

Answer 37

The President can offer to campaign for the re-election of Congressmen. Trump does this often via Twitter but also made personal appearances before the 2018 mid-terms in several states including Florida, West Virginia, Florida, and Montana.

Question 38

Example of failure of informal powers through persuasion

Answer 38

In 2016, Obama was tried to persuade a GOP-held congress to close the US military prison at Guantanamo Bay (which he had pledged to do) and failed when Congressmen strongly opposed this as they did not want detainees transferred to the US. In 2013, Obama also failed to persuade Congress to enact “universal” background checks, a ban on assault weapons, as well as proposed curbs on sales of high-capacity ammunition magazines.

Question 39

Example of informal power through organisations and individuals (VP)

Answer 39

All of the last 7 VPs have been in Congress. Obama’s VP, Joe Biden, had been a Senator for 36 years and played a key role in foreign affairs and his relations with Congress were critical for steering through the American Recovery and Reinvestment Act (2009) and negotiations to end the 2011 debt ceiling crisis. When Democrats in Congress had a problem with which they wanted White House help, they would often approach Biden rather than Obama as they felt that he would understand their situation better.

Question 40

Example of informal power through organisations and individuals (EXOP)

Answer 40

The Office of Legislative Affairs works as the full-time lobbying body for the President on Capitol Hill. They meet with Congressmen and senior staff members and often build helpful relationships.

Question 41

Example of informal power through organisations and individuals (Cabinet)

Answer 41

Cabinet officers can be used to help persuade members of Congress in relevant policy areas. In 2002, Colin Powell (Secretary of State) was famously sent to Congress to persuade them to support authorisation of the use of US soldiers against Iraq.

Question 42

Example of limited informal power through organisations

Answer 42

The Trump administration has seen a record-setting turnover rate, with the National Security Advisor (Michael Flynn), White House Chief of Staff (Reince Priebus), Communications Director (Anthony Scaramucci) and Secretary of Health and Human Services (Tom Price) having the shortest-service tenures in the history of their respective offices.

Question 43

Example of Power to persuade due to Congress (Trump)

Answer 43

Trump was forced to negotiate with the Democrats a bipartisan appropriations bill after the 115th Congress ended without the approval of 25% of government spending (including $5 billion to build the US-Mexico border wall) by the Democrats, resulting in the longest government shutdown in US history (35-days).

Question 44

Example of Power to persuade due to Congress (Obama)

Answer 44

In 2016, Obama was forced to try to persuade a GOP-held congress to close the US military prison at Guantanamo Bay (which he had pledged to do) and failed when Congressmen strongly opposed this as they did not want detainees transferred to the US.

Question 45

Example of Power to persuade due to Congress (Clinton)

Answer 45

Even a Congress controlled by the President’s party may ignore his agenda or even defeat his agenda (e.g. defeat of the Clinton health care plan of 1993).

Question 46

Example of opposition from own party

Answer 46

In 2015, House Democrats opposed and defeated Obama’s Trade Adjustment Assistance bill which would’ve allowed him to fast-track his negotiated trade deals through Congress.

Question 47

Example of Senate refusing to ratify a treaty

Answer 47

In 1999, the Senate rejected Comprehensive Test Ban treaty; a defeat for Clinton who had fought for US endorsement of the accord

Question 48

What gives Congress the power to declare war, and not the President

Answer 48

The War Powers Clause (Article 1, Section 8)