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The Executive Flashcards

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1
Q

Sources of presidential power

A

Formal powers - given by the constitution

Informal powers - political powers which derive from different sources like presidents popularity, reputation etc

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2
Q

Sources of presidential powers

A
  • Enumerated Powers - explicitly given to the President
  • Implied Powers - Inferred by the texts of the constitution (informal powers)
  • Inherent powers - not set out in the constitution but needed by the president to carry out their constitutional role as head of executive
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3
Q

Types of enumerated powers

A
  • constitutional powers
  • delegated powers
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4
Q

Example of presidents use of inherent powers

A

Following the 9/11 attacks, Bush argued the inherent powers allowed him to ignore civil liberties of terrorist suspects by detaining them at Guantanamo Bay - for interrogation and torture.

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5
Q

Implied powers

A
  • Executive orders
  • Agreements
  • Executive agreements
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6
Q

Executive orders

A

An official order made by the president to the federal govt on the enforcement of a law

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7
Q

Truman’s Executive order 9981

A

Banned racial discrimination in the US army - eventually leading to desegregation of the armed forces

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8
Q

Checks on executive orders

A

Trumps order to end birthrights citizenship was immediately challenged and three days later a District court judge labelled it as unconstitutional and on hold for 14 days till further proceedings

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9
Q

Signing statements

A

When signing a bill, presidents can issue a statement giving their opinions on the law passed.

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10
Q

How are signing statements sometimes controversial ?

A

Presidents sometimes use these statements to claim certain provisions infringe on their executive powers and may refuse to enforce this

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11
Q

Example of signing statement - Trump

A

in 2017, Trump used a signing statement to criticise a bill imposing sanctions on Russia, Iran and N.Korea, claiming it affected his constitutional powers to conduct foreign policy

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12
Q

Executive agreements

A

Presidents have argued they have sole executive agreements - which are int’l agreements that don’t require congressional agreements

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13
Q

Example of sole-executive agreements

A

Obama’s Paris Agreement to reduce climate change

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14
Q

What is the paradox of the president ?

A

The idea that President is meant to be the powerfully leader and the servant of the people but is constraint by checks & balances

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15
Q

Difference between the UK PM and President

A

The US President is the head of state and head of govt

In the UK, PM is the head of govt whilst the monarch is the head of state

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16
Q

What’s the difference between the powers in the US and UK

A

In the UK, theres a fusion of powers

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17
Q

How was the President granted its enumerated powers

A

Article II of the constitution states the executive power shall be vested in the US President - gives the executive powers to a single person and not cabinet.

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18
Q

Enumerated powers of the president

A
  • Propose legislation
  • Chief executive
  • Commander-in-chief
  • Initiate military actions
  • Sign legislations
  • Prepares the annual budget
  • Nominates officials to executive branch
  • Pardons
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19
Q

Pardons

A

The president can grant pardons to anyone convicted of a federal crime, with the exception of impeachments

Nixon pardoned over 900 ppl
- Ford pardoned Nixon of all offences after he resigned

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20
Q

Appointment powers

A

The president can nominate officials to a post with advice and consent from the Senate

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21
Q

Proposing legislation

A

In the annual state of union address, the president, the President presents their legislative priorities to a joint session of both houses

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22
Q

What are delegated powers

A

Powers delegated to the president by Acts of Congress

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23
Q

Examples of delegated powers

A
  • Delegated legislative powers
  • Delegated financial powers
  • Delegated trade and tariff powers
  • Delegated war powers
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24
Q

What act delegated power to the executive to propose an annual budget ?

A

Budget and Accounting Act 1921 - although Congress can ignore it

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25
Trumps use of delegated trade and tariff powers
Since jan 2025, Trump has imposed and threatened tariffs - ‘liberation day’ imposed 10% on nearly all imports Trumps had raised US tariff rate from 2.5% to 27% - the highest in over a century without consulting Congress - suggesting an imperial president
26
Informal powers of the president
- The power to persuade - De facto Party leader - World leader - Deal-making - Setting the agenda
27
What does the Presidents formal power depend upon
Depends upon their informal powers - The President can nominate officials and federal judges but must persuade the Senate to confirm them - President can submit annual budget & propose legislation but must persuade Congress to approve
28
What is the ‘bully pulpit’ ?
the Presidents power to speak out and be heard to shape public opinion and influence media
29
Who coined the bully pulpit ?
Theodore Roosevelt which described the unique power of the presidents public appearance, influencing and engaging with the media.
30
How was the EXOP set up and why ?
The Brownlow Committee reported the “President needs help” - in managing the govt that had rapidly grown specifically after the Great Depression
31
EXOP
Set up by F.D Roosevelt which expanded the power of the president. A collection of offices providing both policy and administrative support to the president; consists of 15 main units.
32
The White House Office
The largest unit within the EXOP Closest advisors to the president - includes the Chief of Staff - they handle the presidents day to say scheduling
33
OMB (EXOP)
Oversees the federal budget & helps the president draft the annual budget to propose to Congress - monitors federal spending
34
National Security council - NSC (EXOP)
Advises the president on national security and foreign policy - includes ; President, VP, Sec of state, Sec of defence
35
Council of Economic Advisors (CEA)
Gives economic advice and prepares and economic report on the president each year
36
How can Presidents stretch their implied/inherent powers
By acting unilaterally and bypassing Congress when achieving agenda By executive orders, signing statements, sole-executive agreements
37
Congress’ constraints on president
- Override a presidential veto - Amend, delay or reject the presidents legislation - The power of the purse - Confirmation of presidential apt - Ratifying treaties (Senate only)
38
Example of Congress’ power of the purse - Obama
Obamas executive order to close Guantanamo Bay detention camp within the year but Congress blocked funds for the transfer or release of detainees making his executive order impossible to implement
39
The 2018 Govt Shutdown
Trump requested $25bill to fund his wall. Democrats in Congress refused to vote for the border wall funds - resulting in a 35 day shutdown, the longest in history. But eventually accepted 1.3bill
40
Checks and balances of the president by the Judiciary
Judicial review - which is the process by which the judiciary examines the actions of the executive branch to check they are lawful - is they aren’t, the SC can declare them unconstitutional
41
Example of judicial review on Trump
Federal courts halted Trump’s 2017 ban on 7 Muslim countries as they argued it violated the first amendment establishment value - freedom of religion
42
Cabinet relationship with President
- Cabinet members give advise on specific departments - President doesn’t have to take advice of his cabinet members as constitution gave him sole executive authority - Meets a few times a year, depending on Presidents wishes
43
How does the UK cabinet differ from the US cabinet
The US cabinet has less influence because Article II of the constitution vests all executive powers in the president and not in a a collective cabinet
44
EXOP relationship with President
Set up by FDR as the federal govt grew during the Great Depression in 1930s - Group of offices the the president including the White House office , NSC & OMB - Headed by the White House Chief of Staff
45
White House Office
- Works closely with president - Divided into 30 offices - Run by the Chief of staff
46
Chief of staff
- Gatekeepers of the president - Contol info and access to the president - Draw up the presidents daily schedule - PRIMUS INTER PARES - Tells the pres what they don’t want to hear
47
National Security council (NSC) relationship with President
- Headed by the NSA and based in basement of White House - include VP, Sec of State, Sec of Defence, - Coordinates NS and foreign policy writhing govt
48
Example of a NSC
Micheal Flynn - Trumps NSC in 2017, resigned after 24 days due to rumours of a conversation with Russian ambassador
49
OMB relationship with President
- created by Nixon - Advises the president on the budget and oversees spending on all federal department - Set up by president but needs Senate confirmation -a budget takes 2 years to produce - Budget goes through Congress approval
50
Rivalry between EXOP and Cabinet
Physical distance - Cabinet are far away (foggy bottom, 7 blocks from WH), whereas NSA is a 30s walk from Oval Office - closer proximity to president that cabinet Divided loyalties - Cabinet have loyalties to president & congress. EXOP is only loyal to president . Makes cabinet feel superior
51
How congress checks the executive
The constitution provides congress with multiple ways to check the president. - Legislation- congress can delay amend, or reject proposed legislation form the president. - Overriding a veto- 2/3 majority in each chamber can override a presidential veto on a piece of legislation. - Power of the purse- congress can refuse to pass a presidents budget, causing the federal govt to lack funds & leading to gridlock. - Ratification of treaties (SENATE)- 2/3 majority - Investigation- congressional investigations is an important form of oversight, to generate media scrutiny.
52
How congressional checks on president aren’t that effective
- Are less effective during periods of unified govt - Vetoes are most likely to be overridden by Congress at the end of presidency, when the president is least powerful - 2/3 majority is difficult to achieve so presidents often use executive agreement - Congress hasn’t formally declared war since 1941 and presidents don’t often ask congress permission for military action - No govt has been found guilty in impeachment trial.
53
How congressional checks on the president are effective
- After the Sandy Hook shooting in 2012 Obama proposed stricter gun control legislation, and despite public support it was rejected by Congress - The largest govt shutdown was in 2018 lasting 35 days when Congress refused Trumps budget and his plans for funding his border wall.
54
What is waxing and waning of presidential power?
Wax to grow and wane to shrink
55
Obama’s waxing and waning
Was elected in 2008 with a historic triumph for black Americans - he held control of both houses and had a productive first 100 days - was able to pass Obamacare - In 2010, the Republicans won a majority in the House and resulted in divided govt - He won a second term in 2012 but in 2014, the Republicans gained the Senate Made it hard rot pass legislation - Obama resulted in executive orders to avoid being a ‘lame duck’ - Failed to appoint Garland to SC
56
What is a lame duck presidency ?
A period where the president has lost most of their political power and struggles to implement policies. Typically happens in the second term of their presidency.
57
How did the ‘imperial president ‘ come about ?
Arthur Schlesinger's book which suggested the presidential powers had expanded behinds its constitutional limits and undermined checks and balances - President at the time was Nixon who was veery secretive
58
How did the imperilled president come about
Ford who became president after Nixon wrote and essay called ‘Imperilled, Not Imperial’ - he argued the president was too weak and it was impossible to control the federal bureaucracy.
59
What is an imperial presidency ?
The idea that the president is ‘emperor-like’. Presidents are able to dominate Congress and conduct foreign policy independently; overriding Congress
60
What is an imperilled presidency ?
Presidents are limited by an overly assertive Congress and excessively large bureaucracy.

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