USA Miss Bullock Flashcards
(86 cards)
1
Q
What is the US constitution?
A
The constitution was drawn up and ratified by the 13 colonies between 1787 and 1790 as a result of the American War of Independence which was fought against the British. As a result of its inception it is a key part of the American identity.
It has three features:
- It is codified
- It is a blend of specificity and vagueness
- It is entrenched
2
Q
What was the Bill of Rights?
A
Made the first 10 amendments. Focused on protecting the power of the states against federal government. The main rights it put forward were the:
- freedom of expression and religion
- Right to bear arms
- Rights of states to have reserved powers
3
Q
How many amendments did the constitution have and what does this show?
A
The constitution only had 25 amendments, this could suggest that the original constitution fulfils a purpose. It may also suggest that the constitution is just too difficult to change and adapt to society.
4
Q
Why did the founding fathers want a codified constitution?
A
In order to prevent the constitution from being changed too easily by a single institution or political party. They understood that the constitution would need to have an amendment process- this is outlined in article V.
5
Q
What are enumerated powers, and who has them?
A
Enumerated powers are powers that are explicitly stated.
The president has the enumerated powers of being the head of the executive branch, proposing legislation and granting pardons.
Th Courts have the powers to rule on cases arising under the constitution, the laws of the US or treaties.
6
Q
What is the elastic clause?
A
Article 1 section 8, as it states that congress has the power to make laws which shall be necessary- this allows congress to stretch its powers in accordance with society.
- This could be seen to be an advantage as it has allowed the constitution to last a long time as it can be adapted.
- it could fail to regulate the authority.
- May lead to the SC becoming too powerful- individual ideologies will rule the cases rather than a consistent idea.
- could lead to strong disputes about which view is more legitimate.
7
Q
The US Constitution
A
- Only 27 amendments out of 11,000 have been accepted.
- For an amendment to be proposed it needs to receive a 2/3 vote of approval in both houses, or a 2/3 request from state legislatures to call a national convention.
- The constitution is static- nothing has been passed since 1992.
8
Q
Disadvantages of the formal process
A
- It is difficult to remove outdated aspects- E.g. The Right to Bear arms- many issues have arisen due to the right- mass shootings
- It is difficult to incorporate new ideas- a large consensus for women’s right’s however the Equal Rights amendment has failed to be implemented.
- The amendment process is undemocratic- Only 13/50 states have to oppose it to block an amendment being put in place.
- The Supreme Court have excessive power- Allows 9 unelected judges to have the final say on key issues of institutional power and human rights E.G Overturning of Roe V Wade
9
Q
Advantages of the formal process
A
- it protects key principles of political processes- basic democratic ideas like elections every 4 years are hard to change.
- Protects states and upholds federalism- smaller states receive equal representation in the Senate and Electoral College- proposals to undermine state power have failed.
- Prevents abuse of power-Stops one individual changing constitutional rules for their own belief- requires bipartisan support to change.
- Prevents ill-thought-through amendments- Involves several institutions and requires cross party agreements- prevents irrational thinking.
10
Q
What are the 5 key principles of the constitution
A
- Federalism
- Separation of powers
- Checks and Balances
- Bipartisanship
- Limited Government
11
Q
What is federalism?
A
A system in which sovereignty is shared between central government and individual states, which each have their own specific rights. There is a power divide between the central and regional governments. Federalism has grown as a response to the economic crisis and increase in demand for civil-rights. States are increasingly being controlled by federal institutions, yet the constitution has barely changed.
12
Q
What is the separation of powers?
A
Complete division of a system of government into the branches of executive, legislature and judiciary. No one is allowed to be in multiple branches, this is to prevent one institution or politician from dominating the system. It allows the preservation of the liberty of individuals in society.
13
Q
What are checks and balances?
A
Each branch of government has exclusive power, limiting the ability of other branches to operate in an unrestrained manner. This ensures not one institution is more dominant. Founding fathers provided congress significant checks allowing them to restrain the president.
14
Q
What is bipartisanship?
A
this attempts to ensure that the two main parties work together in order to fulfil congressional functions. The division of powers between the president, house and senate means that parties need to co-operate in order to govern the country. With parties becoming more polarised there is less scope for compromise and congress has been less able to legislate, leading to weak government- current constitutional arrangements no longer suitable?
15
Q
What is a limited government?
A
The role of government is limited by checks and balances, and separation of powers, it acts as a bulwark against corruption. Limited government means the federal government is subjected to limitations, so it cannot impose its policy on the state and citizens. The Bill of Rights limits the government to restrict the rights of individuals, or states.
16
Q
What are the three types of conflicting laws?
A
- When a state allows more civil rights to a person than the federal law- the state prevails. E.g. Same sex marriage- if federal law doesn’t recognise it, you are legally allowed to do it in the state that does.
- When a state law imposes certain responsibility rules, the federal law has no jurisdiction over, then state law must be followed.
- When a state law and federal law are in total conflict over certain issues, the federal law is stronger- E.G recreational drugs like marijuana being legalised in states.
17
Q
Marijuana case study
A
- When marijuana was legalized in California, the federal government claimed it was federal responsibility. The case of Gonzales V Raich 2005 suggested that under the interstate commerce clause the federal government could regulate California, as the legalisation of drugs would impact the supply across the US. Congress has not acted on this.
18
Q
Gun control Case Study
A
McDonald V Chicago-ruled that the right to keep and bare arms applies to state and local governments as well as federal governments. Chicago banned possession of handguns and other arms except rifles or shotguns in one’s home or business- the SC suggested the law violated the rights of individuals to possess weapons.
19
Q
How far does the constitution impact on the US government today- Positives
A
- Frequent elections, short terms for the house and separation of powers- highly representative
- Checks and balances ensures that the branches work together- prevents tyranny
- Powerful SC and constitutional rights- protection of civil rights
- Amendment process prevents politicians being elitist.
20
Q
How far does the constitution impact on the US government today- Negative
A
- Electoral college can produce a government that doesn’t reflect wishes of majority.
- Policy-making is difficult- ineffective governments and gridlock.
- SC power prevents government from carrying out policy- ineffective government.
- Amendment process prevents necessary changes- lack of responsiveness to modern society.
21
Q
Is the US still federal?
A
- States have great deal of control over health education, law and order and economic policy- states set own sales tax- Montana have no sales tax- California have 7.5%
- States have huge policy control- protected by the constitution- Legalisation of marijuana in some states.
- Federal government still have ability to take control of any policy areas, can control states through controlling national policies E.g. Clean Air Act, Affordable Care Act.
22
Q
Transgender case study
A
- Conflicting views surrounding transgender bathroom laws- California restricted transgender individuals from using bathroom of adopted gender, New York took opposite approach. Evidence of federalism in action through diversity of state laws.
23
Q
How is congress structured?
A
Bicameral legislature with two equal legislative bodies. the House of representatives awards political representation to states in proportion of their population. Senate there are two senators per state regardless of size.
Each chamber is equal.
Each chamber is elected
Elections are seen to be more rigid and happen often.
24
Q
What powers do congress have?
A
- Legislate- all legislative powers are vested in congress, they have the power to overturn presidential veto with a 2/3 majority.
- Representation- represents society, ability for senate to be elected changed in the 17th amendment.
- Amend- Shares this role with the states. A 2/3 majority is needed in each chamber.
- Declare war- constitutional ambiguity means president can also claim this right.
25
What are the House of Representatives exclusive powers?
- Impeachment- can bring formal charges against a public official, as there is believed to be sufficient evidence of "treason, bribery, other high crimes and misdemeanours".
- Elect the president if no candidate has over 50% of Electoral college votes, due to only two parties being serious contestants it is possibly for there to be an equal split- not happened since 1800's.
- Begin the consideration of all the money bills- all revenue-raising bills must pass through the House first. This power not significant anymore as decisions have to be accepted by the senate which can amend or reject the houses decision.
26
What are the senate's exclusive powers?
- They try impeachment cases- a 2/3 vote in senate required to remove someone from office.
- Elect the Vice president if no candidate has over 50% of ECV- rarely been used.
- Ratify Treaties- all treaties negotiated by the president are subjected to confirmation by the senate which requires a 2/3 vote. Last senate rejection in 2012, of an Obama backed treaty on disabled rights- only 61 senators supported. This power has been eroded through use of executive agreements.
- Confirm executive appointments- cabinet members, some EXOP and all federal judges are scrutinised through senate committee hearings, the senate have the right to confirm a presidential nomination by a 50% vote- level of scrutiny depends on nature of party control of presidency and the senate.
27
What are the main functions of Congress?
- Representation
- Legislative
- Oversight
28
How does congress carry out the function of representation- Congressional elections?
- The frequency of elections means voices are heard every two years- high levels of representation.
29
How does congress carry out the function of representation- Midterm elections?
Effectively a referendum on the first two years of a presidential term- results can have a major impact on presidential power, as party can loose majority in either chamber.
E.G Obama 2014- Republicans gain seats and take majority from Democrats, further decline occurs as the republican take control of both chambers- Obama struggles to enact policies without executive orders
30
How does congress carry out the function of representation- Incumbency?
Notable features of congressional elections is that incumbent typically wins their seat again in the next election. In 2016 incumbency re-election rates were 97% in the house and 90% in senate. There are several factors responsible for high incumbency re-election rates:
- Use of office- can use their place in office to establish popularity and attract major donors.
- Safe seats and Gerrymandering- winner-takes-all-system establishes a system with a expected safe seats. gerrymandering draws electoral boundaries to favourable social groups.
CASE STUDY- Operation REDMAP- after Obama's election, Republican tacticians developed a plan to target Democrat states and changed the constituency boundaries to maximise Republican success.
- Pork-barrel legislation- a member of congress proposes an amendment to legislation that will bring benefits to a particular group.
31
How does public opinion/constituency affect voting behaviour within Congress?
The representative must take public opinion into account, or run the risk of being voted out of office. Congresspersons and Senators are subjected to frequent elections, which provide public accountability due to threat of removal. People are more likely to vote for certain candidates based on individual policies rather than because of their party label- politicians in the House and Senate held more accountable.
E.g. 2009- several democrats dropped support for Obama's affordable care act after meeting with constituents and rising opposition of bill.
32
How does the party/ party leader affect voting behaviour within Congress?
Being a member of a party encourages politicians to vote together. Party leaders have a limited use of patronage power with promises of committee chairmanships or memberships induce politicians to vote a certain way.
E.G in 2009 no republican voted for Obamas stimulus budget- arguably due to partisanship- the local opinion led 11 democrats to vote against Obama.
33
How do caucuses affect voting behaviour within Congress?
- Many factions within congress, often called congressional caucuses, groups often vote together on legislative issues. Some are based on ideology, others social characteristics and others economic interests.
E.g. Black caucus- made up of 40 members, mainly democratic.
34
How do interests groups/ professional lobbyists affect voting behaviour within Congress?
Can influence voting through means including donations, which may encourage senators to vote for policies that favour that group. Some interests groups like AFL-CIO have large active memberships so members can mobilise and create a threat of removal of members within congress.
Obama unable to limit guns after 2012 Newton shooting due to pressure from NRA.
Politicians may be influenced by professional lobbyists and big businesses- once members of congress leave they can command higher salaries from those organisations.
35
How does congress carry out its legislative function?
- Initiate- Bills initiated by president, party leaders, committees, or individual members of congress.
- Debate and amend- Bills pass through each chamber at the same time, many bills cover a range of policy areas, committees will have to examine and amend the bill. An unfavourable review by committee can lead to bill failing.
- Scheduling for main chamber- Once a bill passes committee stage, a decision taken over whether it should proceed to full chamber and rules of debate. Senate might use unanimous consent.
- Decide- Bill must receive 50% plus vote in each chambers- different bills may be produced due to amendments- disputed bills may go to a conference committee- both chambers have to agree on a compromise within this committee- president has to sign a bill to become law, or can veto the bill. Congress can overturn the veto through a 3/4 majority vote in each chamber.
36
Initiation- legislative process.
- Presidents can dominate the political agenda- other people regularly do initiate policy. Congress may be more active in setting agenda if the present's party has recently lost control in a mid-term election.
37
Compromise- legislative process
- Separation of powers and the checks and balances, make compromises between chambers necessary. Successful legislation usually results from huge concessions and additions to a bill. Both chambers come to agreement in order for bill to be successful
38
Weak parties and party leaders- legislative process
due to separation of powers and federalism parties tend to be weak with many factions. Party leaders have limited power over own party as they have ineffective patronage or whipping- many congress members more interested in prioritising their own state than national agenda. Meaning parties do not unite an act as single unit when passing legislation. Partisanship can cause high levels of gridlock and cause legislation to not be passed.
39
Obstacles in legislative process
The senate and house roughly have equal law making powers- each chamber may have different legislative priorities due to term length, there may also be differences in party majority meaning major legislative conflict.
Legislation has to pass through several congressional committees, which can amend or obstruct bills- all bills requiring spending must pass through an appropriate committee which determines if there is sufficient funding- limited.
Overriding a presidential veto requires a supermajority of 2/3 in both chambers.
40
Main differences between the House and Senate
- House- bills go to a rules committee which decides how long and under what rule the bill will be debated- the rules committee can determine a closed rule which means no amendments can be made.
- Senate- much less structured, given unlimited debate time for a bill- will often use a process of unanimous consent where all senators involved agree on decision being made, a member of senate requests permission to proceed in a certain way- if no one objects process can begin.
- Filibustering is a rule in the senate that lets an individual insist on continuing to debate, preventing a vote taking place- can be used to stop or delay legislation or presidential appointments- a 3/5 vote is needed to end a filibuster-known as a cloture.
2010 Dream Act failed to gain 60 votes to overcome a republican filibuster.
41
How significant is Congress in terms of setting and shaping policy?
- Checks and balances- prevents tyranny, forces compromise between different interests.
- Quality policy- there is detailed consideration of bills, can remove undesirable aspects.
- Inefficient/low output- an excessive need to compromise- Gun regulations act
- High levels of partisanship- parties unwilling to compromise- leading to gridlock
- Poor quality legislation- purpose of bill may be lost due to excessive compromise- pork-barrelling can create financially wasteful policy not based on rational decisions.
42
How does congress check the executive branch?
Power of oversight- the ability of one branch of government to supervise the work of another. Congressional checks are created by the constitution.
- vote on presidential proposals
- Overturn presidential veto
- Declare war
- Senate ratification of appointments
- Impeachment and removal of members of executive branch
- Impeachment
43
Voting on presidential proposals- Oversight
most significant check on a daily basis, restricts presidential policies through
- voting against the law initiated/ supported by the president E.G Trump 2017 inability to pass the American Health care act- despite holding republican majority in both chambers.
- Amend the laws initiated/supported by the president E.g. Obama restricted by amendments to budget policies which he was forced to accept, congress passed amendments to national defence authorization acts, limiting presidential power
- Determine the funding for presidential projects E.G Trump's wall 2017, 1995 withdrawing of funding for US military involvement in Bosnia, forced Clinton to withdraw troops.
- Proposing legislation E.g. Actively developing their own congressional agenda that contrasts goals of president
44
Overturning presidential vetos- oversight
Using a 2/3 vote congress can stop presidents from overriding its legislative goals. E.g. Obama issues his 12th veto against the Justice Against Sponsors of Terrorism Act 2016, which allowed families of victims of 9/11 to sue Saudi Arabian government for any involvement they had- this was easily overturned by a 97 to 1 vote in senate and 348 to 77 in the house
45
Declare war- oversight
This power in theory was given to congress, which limits presidents ability to initiate military action, most presidents have requested permission for military action. E.G George W.Bush seeking approval for Iraq War in 2003.
46
Senate ratification of appointments- oversight
Senate vote on presidents nominees for executive and judicial positions- failure of senate vote on Obama's nomination of Merrick Garlands to the SC in 2016 allowed Trump to nominate Gorsuch and influence the ideological balance of the court.
47
Senate ratification of treaties- Oversight
President is not free to enter agreements with other countries without seeking approval from the Senate by 2/3 vote. E.g. 2014 senate blocked a united nations disability treaty, which Obama had pushed for
48
Impeachment and removal of members of executive branch
The house can impeach a member of executive, the senate holds the trial in order to decide whether or not to remove them. In order to remove officials then 2/3 majority is needed, a president can only be impeached for bribery, high crimes and misdemeanours E.g. Trump impeached twice, both attempts unsuccessful arguably due to majority in congress- trump had most defections from own party (10) than any previous president.
49
How effective are the checks of the president by congress?
- Limited due to extent of presidential power- theory of imperial presidency suggests that president has number of tools to bypass checks e.g. using executive branch to carry out a policy in a certain way- allows president to create new policy without passing legislation through congress.
- Extent to which checks are effective is dependant on president's popularity- power to vote against proposals more likely to be used if president is unpopular. If president and congress are same party then oversight may be limited E.G 2017- chair of house of intelligence committee investigating allegations of Russian involvement in us elections- travelled to white house to view security documents rather than having documents available for whole committee.
50
Does congress have control over the SC?
- Ultimate power is to overturn decisions of SC. Using amendments to the constitution congress can reverse or amend SC rulings E.g. congress lowering voting age to 18 overturned Oregon V Mitchell 1970 ruling- limited due to difficulty amending constitution.
- Senates role in ratifying presidential nominations- conducts hearings and votes on a nominee- once becomes a justice there is no threat of removal from senate.
- Individual justices can be impeached and removed by congress- last attempt was 1804- constitution gives congress authority to determine number of justices in SC, number settled at 9 since civil war.
51
how has partisanship evolved more recently?
More party loyalty now than in the 1950's. Democrats and Republicans can be seen to be more partisan as there is less links with each other. Highlighting constitution potentially not working anymore as there is no bipartisanship.
52
To what extent does partisanship exist?
- Democrat and Republican parties becoming increasingly unified, scores of 70% party unity in 1970's compared to 90%+ in recent years.
- Republican party being heavily criticised in Obamas presidency for politicians opposing any policy supported by Obama e.g. Tom Price refusing to begin committee consideration for Obama final $4 trillion budget proposal.
- Decline in political middle shown through decline in moderate conservatives and Blue Dog Democrats- no crossover between parties.
53
Has partisanship led congress to be less effective- legislation and gridlock
Increased operation of parties as collective units has reduced congress's ability to pass legislation- last few years of congress has been the least productive .
Those seeking over-powerful leadership may see this as a healthy sign that the government cannot enforce too many policies- an argument that it reflects Founding Fathers wishes as ensures a limited government.
Failure of congress to address needs of nations- E.g. budget shutdown in 2013.
54
Gridlock and the Zika Virus 2016
- Democrat and republicans unable to agree on federal funding to tackle zika virus crisis. Obama requested $1.9 billion in Zika funding, but Reblican-led congress wanted to cut it to $1.1 billion- no deal made- recess was cut short.
55
Has partisanship led congress to be less effective- checks on the executive
Increase in partisanship led to major impact on presidential power. Under divided gov. president may fail to provide significant leadership- congress can obstruct a presidents policy initiatives as it may adopt aggressive oversight. E.g. Obama and Republican led congress 2011-2016
If there is a unified government with one party holding presidency- then power of president will increase. Congresspersons may overlook oversight and fail to provide effective oversight. E.g. Congress accused of not providing oversight over Bush when there was a Republican majority between 2003-2008.
56
Has partisanship led congress to be less effective- high party unity
Leaders in congress become more powerful- nationalisation of mid-terms and speakers increased powers, increased partisanship led to more party unity- two main contrasting parties.
57
What structural approaches have changed power of congress
- 16th amendment 1913- gave congress power to levy federal income tax
- 17th amendment 1913- changes to directly elected senators, increased legitimacy of Senate and allowed it to increase its power relative to the house
58
What has recently impacted on congressional power
- rise in importance of foreign/military policy- arguably undermines congressional power as international affairs became increasingly controlled by presidency. Military action becoming faster, more complex and more deadly, president is surrounded by superior executive resources have been able to exert greater control over military policy- congress attempted to exert authority with War Powers Act 1973.
- Nationalisation of mid-term elections- centralised greater powers with the House speaker. under divided governments speaker can act as a significant rival to president suggesting increase in collective power of Congress
- Partisanship- created greater extremes in congress's reaction to presidency and the extent to which they have attempted to restrict executive branch. Partisanship arguably strengthened power of congress as it is more determined to challenge presidential power
59
What is an imperial presidency
Where the president stretches the constitution in the exercise of constitutional roles such as chief executive and may ignore wishes of congress- shows president is becoming more powerful.
60
Congress is representative
- Seperate elections for President and Congress- allows voter choice and the electorate to select member of congress that has ability to respond to their wishes and interests of constituency. Lack of executive influence over congresspersons ensures accountability to the public not president. E.g. Republican senator susan collins often votes against own party.
- Two elected chambers- complementary representation- through having both chambers being elected representation is maximised.
- Frequent elections and short House terms- causes congress to be highly representative- change in public attitude is reflected through frequent elections- politicians have to respond to public opinion due to the high sensitivity of their job to public control.
61
Congress is not representative
- FPTP and gerrymandering- undermines representation in congress, determination of parties and politicians to maximise power led to a distortion of public opinion which does not reflect the wishes of people.
- Social representation- Composition of congress doesn't reflect makeup of society- race and gender. white people cant reflect issues of other racial groups. in 2017 non white makeup was 38% of population but only 19% of congress
- Influence of pressure groups- Congress influenced by pressure groups which distorts interests of public- may be inclined to respond to pressure groups, the rich pressure groups dominate gaining over representation of their interests.
62
American presidential functions
- constitution outlines presidential powers and the Founding fathers created a president who would be both head of state and government
- an indirectly elected president- electoral college
- Created a limited, checked president- the office is limited through congress.
63
Presidents role as head of state
- chief public respresentative of country- has diplomatic and ceremonial duties- receiving dignitaries, travelling to other countries to represent US. Often is central focus point in times of national crisis, make speeches and visit national disasters.
- No formal powers but can exert authority as they are a national leader than can direct US policy in national and international affairs. Rise of media allowed president to deliver US-wide messages and exert influence over public and congress- gives them a national mandate.
64
Bush and Hurricane Katrina case study
Bush heavily criticised for not personally visiting areas hit by Hurricane Katrina in 2005, providing evidence of the importance of the symbolic role
65
Obama and Newton shootings case study
In 2012, 26 people at Sandy Hook elementary school were shot and killed, more people killed in this incident than any other high-school. President Obama immediately gave an emotional public address followed by a number of speeches, he also met with families of school shootings- used it as a springboard to push gun control legislation, the legislation proposal includes maximum ammunition magazines of ten rounds, failed to pass in congress. Obama pursued a number of executive orders, bypassing congress and achieving his policy goals- showing presidential role allows him to be chief legislator.
66
Presidents role as head of government
Constitution- "the executive power shall be vested in President of the USA"- encompasses a huge amount of roles. President has absolute constitutional control of the executive branch. As the ultimate decision-maker, the president is able to use executive branch to develop their political goals and use a complex network of departments and agencies to take control of policy-making and put that policy into practice.
Under president's direction are the cabinet and each of the 15 cabinet departments. the president can utilise the Executive Office of the President- created in 1939, originally contained 2 offices but has grown to assist the president in decision making.
President makes 3,000 appointments to federal posts. They all serve presidents pleasure- expected to serve the wishes of president and can be appointed and dismissed at any time- can use executive branch to determine government policy, president can use executive influence the rest of the political system.
President is known as chief diplomat and responsible for relations with other countries, constitution makes the president the commander in chief of armed forces- clearly gives the president power to direct the military during times of war. Lack of clarity in the constitution as Congress is given the power to declare war, led to major conflict over who has the right to initiate military action.
67
Trump and Obama as head of executive Case Study
2013- Obama created White House council on Native American Affairs, which meets at least 3 times a year- Obama stated in his 2008 election campaign when speaking about Native Americans "you will be on my mind every day I am in the White House"- using his position as inclusivity and representation.
- In 2017 democrats appealed president trump to retain initiatives-he made no appointments or statements- instead created federal bureaucracy including gov. departments by applying principles- undermines minorities instead focuses on monetary power.
68
What are informal powers
powers of the president that are not listed in the constitution but exercised anyway. Some of these are as important or even more important than the powers outlined in the Constitution. There can be dramatic fluctuations in presidential power within and between presidencies.
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Informal powers of the president- electorate mandate
President can be affected by extent to which they have an electoral mandate to govern. Some presidents are elected on a strong wave of support- most presidents achieve their most important goals in the first 2 years as the mandate is fresh. Presidential success rates typically fall as the term progresses, partly as the president moves further from their original mandate
E.g. Obama achieved some of most important policy goals in first two years like the budget stimulus, health care reform, and beginning process to move troops from Iraq.
70
Informal powers of the president- executive orders
Implied power of president based on the role as head of executive. Many of these orders can be traced directly to an act of congress, with the president issuing instructions to ensure laws are carried out.
E.g. Obama executive order to create White House council on Native American Affairs. Bush refusal to approve end to certain interrogation methods, Obama issued executive order to stop CIA operatives carrying out what he saw as methods of torture.
LIMITATIONS: president has to show use of directing executive branch in a manner that does not fall under legislative role of congress. Most executive orders remain in tacked, some are blocked- there can be strong public/ congressional outcry- presidents have to be mindful of their popularity, excessive use of power may undermine president's ability to make deals with congress.
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Informal powers of president- National events
Natural disasters, economic crisis's, terrorist attacks can play a role in presidential power. Can reduce time president has to devote to other policies, and impact public opinion. If presidents or policies are popular, congress is likely to show more difference to president.
E.g. Obama blown off course in his bid to pass flagship healthcare policy. 2008 banking crisis and economic collapse meant Obama had to prioritise an economic stimulus package, steering through Congress before he could push his initial agenda. Opposition increased, forcing Obama to water it down.
George W Bush 9/11 attacks- his power surged dramatically after this event, as public support increased. Bush had ability to exert huge control over domestic and foreign policy, Republican party took control of both chambers in 2002 mid-term elections.
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Informal powers of the president- The cabinet
Cabinet play important role in helping president execute policy. Individual members can act as key policy advisers. They can form a part of president's inner circle. As a collective group, cabinet has a limited power, with limited number of meetings taking place each year. The main influence is with the individuals in cabinet
- Obama presidency, John Kerry, secretary of state took a central role in developing foreign policy alongside the president. He worked on Israeli-Palestine peace accords, visited 11 times in just over a year.
Individuals like vice president can influence presidential thinking as they have no constitutional status.
73
Role of the EXOP- policy advise
Consists of presidential agencies that provide advice, help co-ordination and administrative support. E.g Office of Management and Budget advising on budgetary issues
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Role of the EXOP- manage the president
Chief of staff oversees actions of the White House staff and manages the president's schedules, deciding who the president can meet and what policies to prioritise.
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Role of the EXOP- oversee departments
Some EXOP offices oversee different departments of state agencies. Senior members of the EXOP are often charged with taking control of cabinet and government departments to make sure the follow presidential priorities. Most obviously the OMB reviews the spending of all federal departments and agencies.
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Role of the EXOP- relations with congress
Specialist advice and support dealing with Congress is a critical part of presidential success in achieving policy goals. The Office of legislative affairs develops strategies to advance the presidents legislative initiatives. Recent presidents have made use of their vice presidents who assume some of the responsibilities of the president or EXOP.
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Role of the EXOP- specialist functions
Some presidents have created offices with a specific mandate related to their special interests. E.G Obama sponsored the Office of Faith based and neighbourhood partnerships to work with community groups to end poverty, support women and children, and encourage fathers to remain in the home.
78
What is the National Security Council (NSC)
The presidents official form for deliberating about national security and foreign policy, it is part of the EXOP.
It is the principle body advising the president on national security and foreign policy, the workings are very secretive and it has close proximity to the oval office which shows the strong level of influence. President gets a daily briefing from the NSC and consults national security advisers on major security issues, NSC role puts them in conflict with the secretary of the state.
They help the president shape thinking- president can bypass advice though. Council is supposed to provide advice to the president based on its intelligence.
E.g. Trump criticised for politicisation of this office by including Steve Bannon as senior counsellor in the NSC, eventually removing him from this position.
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WHat is the office of management and budget (OMB)
The office within the EXOP that reviews budget requests, legislative initiatives and proposed rules and regulations from the executive departments and agencies. It has 2 main functions: Advise the president on allocation of funds for the annual budget, oversee spending in all federal departments and agencies.
E.g. Mick Mulvaney- the head of OMB- given a central role in the attempt to repeal Obamacare, due to the financial implications being seen as more important than the health and human services.
80
What is the White house office (WHO)
The personal office of the president, containing the staff who facilitate his communication with Congress, department and agency heads, the press and the public.
WHO includes the presidents closest aides and advisors. The head of the WHO is usually the presidents most important adviser, as they have an overview of the EXOP offices. They are the connection between presidential advisors, cabinet officers and the president.
E.g. Priebus gave Trump a greater opportunity to make connections with senior republican figures, increasing his chances of gaining congressional support.
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What are the two systems of organisation that the president can use for functioning of the White House?
- Spokes in a wheel- president acts as a hub, and the advisers and cabinet officials are the spokes. President is available to a relatively wide range of advisers: most have permission to see the president. E.g. Clinton- hands-on approach and have greater control over policy- made it difficult for Clinton to delegate details and focus on the bigger picture.
- Pyramid system- a hierarchical system with president on top. only a few key advisers have direct access to president. E.g. Obama- accused of needing to understand too much policy, but he relied on an inner circle of advisers.
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Executive orders- Imperial presidency
President can instruct the executive branch to carry out/not to carry out practices without consulting congress. Can effectively create new policy without a congressional vote.
E.g. Obama policies on DAPA and DACA and Trump's 2017 executive order banning immigration from seven specified countries. 2001 Bush signed an executive order that allowed creation of military tribunals in the language that covered the detention, treatment and trial of non-US citizens involved in terrorism, lead to creation of Guantanamo detention camp.
- Limited- president cannot pass new laws but only enforce existing ones or use their power to govern the executive branch.
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Signing statements- Imperial presidency
A statement written and signed by president at the same time as signing a piece of legislation. When signing the bill a president may state that they will not enforce certain sections.
E.g. 2014, Obama signed the National Defence Authorisation Act which required the defence secretary to notify congressional committees at least 30 days before moving someone from Guantanamo bay, Obama issues a signing statement rejecting congressional authority here, and did not comply with the law when he traded a captured US soldier and traded it for 5 Taliban members detained in Guantanamo.
- Congress can insist on laws being passed, and SC could force president to follow the intentions of congressional law. Obama signed a statement saying he would not use drone trikes to kill US citizens but signed a law permitting it so presidents can in the future.
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Executive agreement- Imperial Presidency
Presidents making an agreement with another country. Agreement does not require senate ratification. Can be seen to be replacing treaties and allowing president to bypass traditional constitutional relations to achieve foreign policy goals- president decides what is a treaty and what is an agreement.
E.g. Obama Iran deal, 2015, agreeing on lifting some trade embargoes and freezing Iranian assets return for Iranian efforts to end their aims to be a military nuclear power; 2015 China environment deal, negotiated in secret, agreeing to US and Chinese attempts to reduce CO2 emissions
- This is only an agreement with incumbent president, not with the US gov. in general- arguably agreements are unconstitutional. in 2015, the senate wrote an open letter to Iran saying they did not recognise the Iran deal as having any force in the US law.
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Unilateral war powers- imperial presidency
Presidents have made military decisions without consulting Congress- something that has become increasingly important since WW2, marking a major change in presidential power- the need for speed, secrecy and expertise in decision making allowed the president increasingly to take control of military and security policy. Ordering military action without consultation of consent from Congress can be seen as bypassing key requirements of the constitution.
E.g. Libya 2011, Obama ordered airstrikes without consulting congress, helping to destabilise the Libyan government.
- President is powerful for short term action: longer term action is more easily regulated by congress using the War powers act or funding restrictions. Presidents heavily limited by strong public opposition, a consideration that they may held Obama back over what appeared to be his inevitable orders to attack the Syrian Assad regime.
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What is the imperilled presidency
Suggests president is not simply restricted, but a holder of a weak office without sufficient power. President Ford found that the federal bureaucracy was too big to manage effectively, and complained that president's had a lack of control over an increasingly complex executive branch.
There are excessive limitations on presidential power, which cause ineffective political leadership
