US Presidency ; Formal sources of Pres. power

Question 1

which powers of pres. are implied from the constitution?

Answer 1

• establish a cabinet
• executive agreements
• executive orders
• executive privilege

Question 2

which powers off president are enumerated?

Answer 2

• commander in chief
• negotiate treaties
• state of union address
• appoint ambassadors, judges , officers of the US
• recess appointments
• pardon
• convene special sessions for congress
• approve or veto legislation

Question 3

what occurs after Congress passes a bill?

Answer 3

gives it to the president

• if pres. signs. bill = immediately becomes law
• if pres. vetos bill = goes back to congress = either attempt for veto override with 2/3rds vote in both houses = bill becomes law

Question 4

what’s sig. about pres. signing a bill?

Answer 4

• often done in a public ceremony with news media present
• given rarity of bills passing through congress in each session , gives pres. opportunity to show off his achievements to public
  + sometimes congress members are included in the signing = building relationships

Question 5

give an example of a pres. using the event of signing. bill to their advantage ?

Answer 5

• ‘No Child left behind act 2002’ Barack Obama signed - surrounded by memo er son congress and members of the American public whom the new law would significantly affect

Question 6

Significance of Pres. power to veto a bill?

Answer 6

• its is a very blunt political tool which allows for the president to almost have. final say over leg.
• pres. must also beware of using veto too often because he needs to maintain good relationship with congress to get own leg. agenda through .
  + Congress could override pres. veto = pres., looks weak

Question 7

Give examples of successful veto override and how they differ between presidents

Answer 7

• president Obama only had only 1/12 vetoes override

- president Bush had 4/12 vetoes over-ridden

Question 8

What are the powers the president has as chief of executive ?

Answer 8

• in charge of executive branch (EXOP) - pres can use exec power without congress’ approval
• includes executive orders (directions to federal bureaucracy regarding enforcement of legislation)
• executive memoranda

Question 9

Give an example of a presidents power over executive order?

Answer 9

• presidents use exec. orders to create and shape policy when congress doesn’t pass the desired law - can also be overturned by new law, sct. ruling or simply a new pres. ;
• 2017 Trumps removal of federal subsidies for Obamacare (exec order passed in 2010 - also known as affordable care act)

Question 10

Give an example of the extent to which presidents can use the power of executive orders?

Answer 10

• 2017 Trump’s zero tolerance policy on illegal immigrants trying to cross the border = separation of children from their parents - originally Trump had argued this was the enforcement of a new law and could not be reversed through an executive order
• after negative public reaction = reversed the policy.

Question 11

Explain power of pres. over appointments ?

Answer 11

• has power to nominate federal judges and executive branch officials (including recess appointments and cabinet)

Question 12

Significance of power of pres. over appointments ?

Answer 12

• implied from constitution that pres. has power to establish a cabinet - heads of depart. within cabinet are symbolic of the policy areas that the pres. believes are a priority - shows public they are paying attention.
• federal judges - Trump appointed Neil Gorsuch in 2017 = very conservative Supreme Court .
• recess appointments - if appointments are later approved by senate = significant impact on party balance of senate.

Question 13

difference between executive memoranda and executive orders ?

Answer 13

executive memoranda do not require a formal process for how it is issued by a president

Question 14

give an example of how an executive memoranda is often ineffective.

Answer 14

Obama and immigration reform ; 2012 - used exec. memorandum to futher DACA and introduce additional protections for immigrant parent families - would have protected deportation of many immigrants.
2014- can of Texas v US challenged the additions and lacking a member following Antonin Scalia’s death - divided 4-4 - deferred to a lower court - ruled against = effectively overturned Obama’s exec. mem.

Question 15

what is signing. a statement?

Answer 15

a statement signed by a president regarding. bill he has just signed into law.

Question 16

advantages of signing a statement for the pres. ?

Answer 16

• allows for pres. to point out what they believe is a negative and a positive aspect, even allowing pres. to challenge aspects of a bill on constitutional grounds.

Question 17

Explain pres. power of pardon and commutations.

Answer 17

power of pardon - power for pres. to forgive a person of a federal crime or erasing it from their criminal record
power of commutation - ability to reduce the sentence issued for a crime.

Question 18

Give an example of a president using the power of pardons and commutations ?

Answer 18

• Obama once issued 330 commutations in one day to ppl committed of drug offences after his push for reform of laws regarding drugs. (he regarded a failure)
• there is still ongoing debate on whether a president should have the ‘absolute right’ (Trump) to pardon himself.

Question 19

significance of power of commutations for president?

Answer 19

• checks are very limited
• power is essentially unlimited and could be arguably a way for a president to be above the law - by reducing sentences for people who may have committed serious crimes like ;
• Chelsea Manning released classified military intelligence to wiki leaks = charged of ‘aiding the enemy’ (punishable by a death penalty) - Obama commuted Manning’s sentence.

Question 20

Significance of president’s role as commander in chief ?

Answer 20

• give sores. constitutional powers to lead as the head of the army and navy.
• extent of these powers is unclear, bu states that only congress may declare war .
• powers given have broadened over time.
• development of new weaponry (nuclear weaponry) presents a challenge to he extent of the pres. power as CIC.

Question 21

Explain the power of pres. to make treaties an the significance of this to presidential power?

Answer 21

• could be argued to be a from of power = control over foreign policy
• however these policies and treaties made have to be approved by the senate - but pres. could circumvent this by using executive agreements = sig. power for pres
• President retains the right to remove the USA from a treaty without asking the Senate = considerable addition to his powers

Question 22

give one example of when Congress has struggled to prevent action being made by Pres as CIC ?

Answer 22

• Congress has used the power of the purse to prevent action however it has struggled to do so as a result of presidents deeming the War powers Resolution as unconstitutional, and therefore not successfully enforced
• in 2007 - Democrats attempted to defund the Iraq war

Question 23

Receive ambassadors

Answer 23

• Sig. because pres. can use this power to recognise nations and decide with whom the USA is prepared to work .
• Can become an obstacle and can create tensions in relations with foreign countries - e.g ; Obama met with the Dalai Lama 4x in the White House , given that he is an exile from Tibet and a campaigner for Tibetan Independence - Chinese govt. were extremely angry