The executive branch of government: President Flashcards
(50 cards)
1
Q
What is the executive?
A
- Headed by the President.
- Includes 15 executive departments and 60 independent agencies responsible for running the country.
2
Q
What are ‘formal powers’ of the President?
A
- Explicitly granted by the Constitution or Congress.
- Includes roles like Chief Executive, Commander-in-Chief, and the power to veto bills.
3
Q
What are ‘informal powers’ of the President?
A
- Powers not explicitly given but exercised through influence, persuasion, and implied authority.
4
Q
What is an example of informal presidential powers?
A
- Executive Agreements: not mentioned in the Constitution, but presidents use them to make international deals without Senate approval.
- e.g. Obama’s 2015 Iran Nuclear Deal – an agreement to limit Iran’s nuclear program.
- It wasn’t a formal treaty, so it didn’t require Senate ratification.
5
Q
What are the 3 sources of Presidential Power?
A
- Enumerated Powers: Explicit powers in the Constitution or granted by Congress.
- Implied Powers: Powers implied by the Constitution.
- Inherent Powers: Powers necessary to carry out presidential duties, even if not mentioned in the Constitution.
6
Q
What does Section III of Article II of the Constitution say?
A
- Grants presidents the power to propose legislation to Congress.
- FDR expanded this during WWII to strengthen executive power.
7
Q
What did G. W. Bush argue post 9/11?
A
- Civil liberties and anti-torture laws could be ignored in times of crisis (E.G. 9/11); ‘extraordinary rendition’.
8
Q
What are the 5 formal Powers of the President?
A
- Executive Powers
- the power to influence
- appointment powers
- foreign policy powers
- power to grant pardons.
9
Q
What are Executive Powers?
A
Executive powers are the powers given to the President to run the government and enforce laws.
10
Q
What is the Power to Influence Legislation?
A
- The President can propose legislation to Congress.
- Once a bill has passed, the president can sign it into law, leave it on the desk for it to become law after 10 working days (pocket veto), or veto it
11
Q
What are Appointment Powers?
A
- Nominate about 4000 officials, 700 confirmed by the Senate.
- Appoint federal judges (e.g., Senate blocked Obama’s Merrick Garland nomination).
12
Q
What are Foreign Policy Powers?
A
- the special powers the President has to manage the United States’ relationships with other countries.
13
Q
What is the Power to grant pardons?
A
- Can pardon federal crimes except for impeachment offenses.
14
Q
Example of a presidents power to grant pardons?
A
- Gerald Ford pardoned Richard Nixon over Watergate.
15
Q
What is the Power to persuade?
A
- ‘Presidential power is the power to persuade’ - Richard Neustadt.
- The president often has to persuade people to support their ideas, since they can’t just give direct orders to get everything done.
- e.g. Call members of Congress, offering political support in return for votes.
16
Q
What is an example of a presidents power to persuade?
A
- Johnson used his personal skills, political connections, and public appeals to persuade reluctant members of Congress to support the landmark Civil Rights Act.
17
Q
What is Deal-making?
A
- To gain support of Congress, presidents may make deals with Congress men to secure their support
- often used when passing budgets.
18
Q
What is Setting the agenda?
A
- President controls media spotlight, influencing public discussion.
- Example: Trump’s framing of COVID-19 as the “Chinese Virus.”
19
Q
What does De Facto party leader mean?
A
- The President is seen as the unofficial leader of their political party.
- They set the party’s national agenda and often influence policy and election strategies.
20
Q
What is Direct authority of a president?
A
- Direct authority refers to actions taken solely by the president without needing Congressional approval
- e.g. such as executive orders, signing statements, and executive agreements.
21
Q
Give examples of direct authority used by US presidents.
A
- Lincoln’s Emancipation Proclamation (1863)
- He didn’t go through Congress, he used his power as Commander-in-Chief in wartime.
22
Q
what is stretching of limited powers?
A
- “Stretching of limited powers” describes how presidents expand their influence beyond their formal constitutional powers
- often during crises or when Congress is gridlocked.
23
Q
Why is stretching limited powers controversial?
A
- Because it can undermine congressional authority and checks and balances
- especially if presidents act without clear legal basis
24
Q
What are Executive Orders?
A
- Formal orders issued by the President to take direct action
- having the effect of law but can be easily reversed by the next president.
- e.g. Truman passing executive order 9981
25
What are Signing Statements?
- Used when signing a bill into law to comment on it
- may include positive comments or arguments that aspects of the bill are unconstitutional.
26
what is an example of a signing statement?
- 2011 National Défense Authorization Act
- Obama acknowledged the act but spoke about how he would never use
27
What are Executive Agreements?
- Agreements between the US and other nations, bypassing the Senate.
- Example: Obama’s nuclear deal with Iran 2015
28
What are limitations of executive agreements?
- Executive agreements bypass Senate ratification, but they are not legally binding and can be overturned by future presidents.
- E.g. Trump withdrew from Obama’s Iran Nuclear Deal (JCPOA) in 2018.
29
What is Bureaucratic power?
- Bureaucratic power is the influence and authority of federal agencies and departments in shaping and implementing laws and policies.
30
what are concerns over bureaucratic power?
- Lack of accountability as they are not elected
- Can become too independent
- Risk of slow, inefficient decision-making
31
What are the constraints on the Executive?
- congress
- supreme court
- constitution
- public opinion
- party division
32
How can Congress stop the President’s veto?
- A 2/3 majority is needed in both chambers to override a veto.
- Example: Congress was able to override one of Obama's 12 vetoes, the Justice Against Sponsors of Terrorism Act (JASTA).
33
How does Congress control the President's spending power?"
- Congress must approve the federal budget, allowing Congress to leverage power over the president.
- Example: Government shutdowns can occur if budgets aren't approved.
34
How does the Senate control the President's appointments?
- Senate must approve presidential appointments (over 1000 appointments).
- Example: Senate rejected Obama’s Supreme Court nominee Merrick Garland in 2016..
35
How does the Senate control the President’s ability to make treaties?
- A 2/3 Senate majority is required to ratify treaties.
- Example: 2014 Obama’s proposed climate treaty with China was never ratified
36
How does Congress control the President’s ability to start a war?
- Only Congress can declare war
- but presidents can use military action without explicit approval (e.g., Vietnam, Iraq).
37
what act attempted to limit a presidents power when starting war?
- War Powers Act (1973) limits presidential action
- though it is often bypassed.
38
How does Congress use investigations to limit the President?
- Congressional committees can investigate the president’s actions, serving as oversight.
- Example: Watergate scandal led to Nixon’s resignation after extensive investigation
39
How can impeachment limit the President’s power?
- The House of Representatives can impeach the president with a simple majority
- then tried by the Senate where a 2/3 majority is needed.
40
how many presidents have been impeached?
- Only 3 presidents have been impeached:
- Andrew Johnson (1868)
- Bill Clinton (1998)
- Donald Trump (2019, 2021)
- all three were acquitted by the Senate.
41
How does the judiciary restrict the President’s actions
- Use of judicial review to see whether the actions of the executive are lawful
42
example of judicial review against a president?
- 1952
- President Truman tried to seize control of steel mills during a labour strike to avoid a potential shutdown of the defence industry.
- However, the Supreme Court ruled against him
43
How does the support of the President's party in Congress limit or affect their power?
- If the President’s party does not control both chambers, passing legislation becomes difficult.
- Example: Obama’s failure to pass immigration reform in 2013 due to Republican opposition.
44
How do the views of Supreme Court justices affect the President’s actions?
- The balance of SCOTUS is determined by how many of its 9 justices are liberal or conservative
- affecting the likelihood of favourable rulings on government actions.
45
How do the media and public opinions limit the President’s power?
- The media and public opinion can restrict the President’s power because negative coverage or low approval ratings can weaken their influence.
46
examples of the media and public opinions limiting the presidents power?
- During President George W. Bush’s second term, public opinion turned against the Iraq War due to ongoing violence and a rising death toll.
- Negative media coverage contributed to a drop in his approval ratings
- making it difficult for him to advance his agenda and impacting his ability to lead effectively.
47
Is the US President imperial or imperilled?
- Imperial: Strong executive powers, especially during crises (e.g., Bush post-9/11, emergency powers).
- Imperilled: Weak in divided government, struggle with legislation, gridlock, and “lame duck” periods.
48
What is the debate: Does the PM or President hold more power?
- President: Directly elected, head of state and government, Commander-in-Chief, limited by checks and balances.
- PM: Strong with party support, but relies on parliament and party loyalty; less restrained by checks and balances.
49
What is the US Cabinet?
- A group of 15 department heads and the VP, advising the president on policy and administration.
- Cabinet members are not directly involved in the day-to-day running of the country.
- can be ignored by the president, who holds sole authority over the executive.
50
How does the US Cabinet differ from the UK Cabinet?
- US Cabinet members are not required to be elected (no need for MPs), and the president has sole authority over the executive.
- UK Cabinet members must be MPs and meet regularly under the PM’s leadership.
