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The Executive Branch of Government: the President. - Coggle Diagram
The Executive Branch of Government: the President.
Powers
Formal Powers
Powers given to the president by Congress or the Constitution, inherent of the role as chief executive of the federal government.
Enumerated Powers
They are explicitly granted in the constitution Article II, or delegated by congress.
Power to propose legislation to Congress
Implied Powers
Implied by the text of the constitution.
Roosevelt developed the use of implied powers, to use emergency powers in national emergency.
1942, after Pearl Harbor, an executive order suspended the civil liberties of approx 120k Japanese Americans forcing them into camps for the duration of the war.
1945 overruled by the Supreme Court
1988 Congress formally apologised and paid compensation.
Direct Authority and the Stretching of Implied Powers
Creates a new set of informal powers beyond those set out int he constitution.
Executive Orders
Official order made by the president directly to the federal government.
Has the effect of late but can be easily reversed by the next president, unlike a real law passed by Congress.
Obama frustrated by Congress’ resistance to his agenda issued executive orders for increasing federal minimum wage and outlawing discrimination against married same-sex couples by health insurance companies.
Signing Statements
Sign a bill into law, but wish to comment on it, making a positive comment or arguing parts are unconstitutional.
They are controversial effectively used to achieve a line-item veto (ruled on constituional in 1996 by the Supreme Court to veto a portion of a bill)
Can be used to criticse legislation
Trump 2017 criticised a bill imposing sanctions on Russia, Iran and North Korea, claiming it affected his contribution al powers to conduct foreign policy (constitutional power)
Executive Agreements
Made between the US and an international government, which do not require Senate ratification
Amount increased since the Second World War, but criticised for presidents circumventing the Senate.
Easier to remove than a treaty ratified by the Senate and can simply be abandoned by a subsequent president as with Obama’s 2015 Paris Agreement.
Inherent Powers
Not set out in the constitution, but are needed to fulfil the constituional role.
Bush authority to ignore civil liberties and anti-torture laws, ordering the indefinite detention of terrorist suspects, some transported overseas for interrogation and torture
This was criticised as using them too loosely to increase his own power.
As Chief Executive
More Formal Powers
Executive Powers
President is Chief Executive of the federal government, controlling federal bureaucracy.
Prepares the annual federal budget
Feb 2020, Trump’s budget for the coming year a record $4.8 trillion.
Influence passage of legislation
President proposes legislation to Congress in the Annual State of Union Address as well as propose new policy initiatives at any time.
All proposed legislation must be passed in Congress.
After this, the president has the power to sign it into law.
The president may instead ‘leave it on the desk’ and not sign the bill.
Without signature, the bill becomes law after 10 working days.
If the congressional session ends, during this time, the bill is lost.
Pocket veto
last used by Bill Clinton in 2000
Used for minor legislation, or bills the president does not agree with.
The president can veto a bill, by sending it back to Congress.
Congress can override this, but the president can use the threat to pressure Congress to make changes.
Veto Signalling
done by a Statement of Administration Policy.
Trump used the veto 10 times, 2 to block legislation that would have ended the national emergency at the southwestern US border.
Appointment powers
Nominates officials to key posts in executive branch, about 4000 positions.
More than 700 confirmed by a Senate majority vote such as Heads of Executive departments.
Impact of judicial appointments continue long after a president has left office as they are appointed for life.
Foreign policy powers
Commander in chief of the US Military.
Used by presidents to lead USA into series of conflicts , such as George W. Bush invading Afghanistan (2001) and Iraq (2003).
Constitutionally, only Congress has the power to declare war, but not done since 1941.
War Powers Act 1973 requires presidents to ask Congress to approve in advance of military action.
Ability to use nuclear weapons, which act as a deterrent to enemies of the US
Harry Truman in 1945 ordered two nuclear bombs in NAgasaki and Hiroshima, killing more than 250,000.
The president has the power to negotiate treaties with other countries, they must be ratified by the Senate with a supermajority.
Power of Pardon
The president can pardon anyone convicted of a federal crime with the exception of those impeached.
1974 Richard Nixon was was pardoned by his successor VP, after he had resigned to avoid impeachment following Watergate.
Presidents can grant commutations which releases the prisoner but does not give them formal pardons.
Bill Clinton criticised for using the power of pardon inappropriately, including his brother for a drug offence and pardoning wealthy supporters.
Granted 140 on his final day in office.
Informal Powers
Powers that have a political not constitutional basis, including the president’s role as party leader.
Power to Persuade
Separation of powers and federalism means this is an important power.
Use of personal influence, authority of office and poltiical capital tot win support.
Constrained by control over Congress
Deal Making
President might offer to support a policy that a legislator is championing, or deliver funding to state/district, or support election campaign (if same party) in order to get support of Congress.
During a divided government, bipartisan deal-making is essential to avoid gridlock.
Agenda Setting
Determines what is discussed by journalists and shape public opinion.
Trump’s Tweets 2019 about ‘the Squad’ going back ‘to the totally broken and crime infested’ countries they came from.
He portrayed the Democratic Party as ideologically extreme in advance of the presidential elections, describing the women as socialist and radically left.
De Facto Party Leader
Head of their party so influence its membership, helpful if government is unified to pass legislation
Congress support is not guaranteed in a unified government as seen with he attempted repeal of Obamacare.
World Leader
USA most powerful liberal democracy and military superpower, dominating global politics and international institutions such as the UN, NATO, the G7 and WTO.
George W. Bush led an international coalition ‘war on terror’, and Obama convinced nations to sign up to the 2015 Paris Agreement on Climate Change.
Trump preferred bilateral relationships, withdrawing form the Paris Agreement alongside mixed signals of NATO.
Constraints on the President
The Founding Fathers (eager to escape the British Monarchy) designed a system of limited government with a Separation of Powers.
Checks and Balances by Congress
Rejecting the President’s Legislation
WIthout Congressional support, a president cannot pass legislation, even with public support.
Following 2012 Sandy Hook, Obama released plans for stricter gun controls including a ban on assault weapons.
Overriding Presidential Veto
Supermajority is required in both chambers, so significant numbers of president’s own party would need to vote against them.
Congress overrode 1/12 of Obama’s vetoes
Justice Against Sponsors of Terrorism Act, right at the end of his presidency, with the degree of consensus reflecting support for victims of the 9/11 terror attacks, wanting to sue Saudi Arabia for alleged involvement.
Power of the Purse
Congres must pass the federal budget and therefore fund the federal government.
If no one concedes, it can force a government shutdown.
Confirmation of Presidential Appointments
Rare to reject, but if apparent to nominees they will not receive Senate support, they withdraw.
Ratification of Treaties
Supermajority needed in the Senate
The Treaty of Versailles 1920
Investigation
Generate significant media scrutiny
Watergate Scandal
Select Committee on Presidential Campaign Activities was set up in 1973 to investigate the 1972 presidential campaign including the break-in at the Democratic HQ.
Tapes of conversations between Nixon and White House staff and administrative officials revealed conspiracy to cover up activities taking place after the break-in, attempting to use federal officials to deflect the investigation.
Nixon subsequently resigned to avoid impeachment for obstruction of justice and abuse of presidential pwoer.
Nixon promised no connection, along with refusal to comply with the impeachment inquiry so the House commenced a formal impeachment.
Impeachment
The House can impeach with a simply majority.
All three presidents impeached have been acquitted by the Senate.
Andrew Johnson
Bill Clinton
Donald Trump
Even if acquitted, the process of impeachment generates huge media attention.
The Impeachment of Donald Trump
Impeached by Democrat-majority house in 2019 for the abuse of power and obstruction of Congress.
Also impeached with ‘incitement of insurrection’ after leaving office.
Trump had encouraged his supporters to ‘fight like hell’ moments before they stormed the Capitol aiming to prevent the confirmation of Joe Biden’s presidential win by stopping Congress certifying the EC votes.
He was acquitted for a second time following a vote of 57-43, thus not a supermajority.
Using aid to compel the Ukrainian president to investigate his political rival.
The Senate acquitted him 52-48, all Democrat senators voted to convict, but only one Republican.
The Constitution ‘treason, bribery, or other high crimes and misdemeanors’ are the grounds for impeachment.
Vague language , Trump claimed it was not a high crime or misdemeanour, hence Trump had set a precedent to further their own interests.
Checks and Balances by the Judiciary
Judicial review
is where the judiciary examines the actions of the executive to check they are lawful.
The Supreme Court can declare such actions unconstitutional.
Trump 2017 had to amend his original executive order to ban majority-Muslim country’s travellers to include North Korea, Venezuela and Chad
The Supreme Court ruled that the expanded ban was not a ‘Muslim ban’ so therefore constitutional.
Party Support in Congress
Presidents find it generally more difficult to pass legislation or get nominees confirmed during divided governments.
Also difficult if the party itself is not united and supportive.
Members of Congress may also be infleucned by interest groups (large donors) thus encouraging them to vote in a certain way.
The NRA
successfully convinced many members of Congress to block Obama’s gun control reforms in 2013.
State governors can actively work against the presidential agenda, elected as chief executive for each state.
Governors of large and powerful states such as California can work against the agenda.
California’s Resistance to Trump
Democrat governor Jerry Brown campaigned against Trump’s decisions to withdraw from the Paris Agreement
Signed California to a subnational coalition committed to reducing greenhouse gas emissions.
Also, Brown signed a bill making California a ‘sanctuary sttae’ when Trump announced an executive order removing federal funding from these cities that did not support federal immigration enforcement
Continued by Brown’s successor, Gavin Newsom, withdrawing National guard troops from the Californian border with Mexico 2019.
Prevailing Judicial Philosophy of the Supreme Court
Balance of Surpeme Court decided by how many justices are liberal and how many are conservative.
Presidents who share the same ideology as the majority of the SC, are more likely to receive favourable rulings on governemnt sections and legislation.
Attitudes of the Media and Public Opinion
Media informs public opinion.
Obama claimed his administration was unfairly attacked by Fox News.
Despite presidential criticism, the impact of negative reporting is lessened by teh tendency of people to consume media from outlets aligning with their pre-existing poltiical leanings.
Presidents with high approval ratings are more likely to win re-election and generally find it easier to influence Congress
Relationship Between the Presidency and Other Institutions
As chief executive of the federal government, the president is head of a vast bureaucracy.
The Cabinet
Group of advisers chosen by the president to help run the federal government, including the VP and the heads of 15 executive departments and may include other advisers.
The makeup of a president’s cabinet generally reflects their own perspective and experience.
Pro-business Republican George W. Bush appointed a large number of business experts and CEOs to his cabinet
Biden promised that his cabinet would be ‘the most diverse in history’
First African-American defense secretary
First female treasury secretary
First openly gay cabinet officer
The Constitution gives the president sole executive authority, so does not have to take cabinet’s advice.
In 2019, Trump had ‘acting cabinet members’ not confirmed formally by the Senate giving him more ‘flexibility’.
Advisers jockey for access to the president.
Obama’s White House was stable and effective with a shared purpose whereas Trum failed to fill so many positions, frequently sacking officials, and many resigning
Resulted in staff for Trump who tended to unconditionally support his ideas rather than challenging him when required.
Meetings chaired by president, not a forum of collective decision-making.
Frequency of cabinet meetings is dependent on president.
Obama held an average of 3.5 annually
Reagan held more than most presidents, suggesting he valued meeting his cabinet members in person and hearing their thoughts.
The Executive Office of the President
Group of offices supporting the president in running federal government, employing 3/4,000 staff headed by the White House chief of staff
White House Office
Works most closely with the president.
Appointments are solely the discretion of the president, they do not need senate confirmation.
The White House chief of staff often decide who has access to the presidents so determines the balance of opinions that are received.
The chief of staff/ president relationship is the most important.
Obama and Rahm Emmanuel
Allowed considerable authority
Checked policy suggestions, criticised for being too moderate rather than ideological.
Coordinated cabinet officers,as king to submit weekly reports .
Trump and Reince Priebus
Deterioriated quickly amid claims of a dysfunctional administration, resigning after 6 months.
Appointment of 4 chiefs of staff within 4 years suggested less stability within his administration than that of George W. Bush, who had 2 in 8 years.
National Security Council
President’s main forum for discussing and managing national security or foreign policy issues.
Chaired by the president, members including the VP, Secretary of State, secretary of treasury, secretary of defense, and the chair of the Joint Chiefs of Staff, acting as the military adviser.
Coordinates national security, including US military forces around the world.
Situation Room in the basement of the White House, managing US response to domestic or international crises.
Federal Bureaucracy and Federal Agencies
Cabinet officers head the 15 executive departments making up the federal bureaucracy.
Each leader is accountable to the president and works to achieve the president’s policy objectives.
There are more than 60 federal agencies such as the CIA.
They are part of the executive, but independently run with more autonomy than executive departments.
The president can remove the head of an independent agency, but generally only for wrongdoing.
Some presidents (mainly Democrat like Roosevelt and Obama) increase the scope of federal bureaucracy, believing it plays a positive role for improving society.
Others reduce it, fearing it is wasteful, inefficient, and removes too mcuh pwoer from individual states.
Trump 2018 revealed plans to abolish 22 government agencies, which Congress would not consent.
Policy czars are government officials responsible for a particular policy area, similar to the area overseen by a cabinet officer.
Given more access to the president open to criticism due to not being confirmed by the Senate (Republicans to Obama for his use of czars) so subject to less scrutiny than cabinet officers
Kushner convinced Trump to override objections of his Secretary of State to move the US Embassy in Israel to Jerusalem ignoring the fierce objections of Palestinians and criticism by European allies.
Many EXOP staff act as poltiical operatives rather than neutral assistants able to speak truth to power in order to assist the president in making the best decisions for the country.
Presidential Power does not Remain Constant
Obama
was elected in 2008 as the first black president but promised a new start in foreign policy after the Neo-Conservative wars of George W. Bush.
Democrats controlled both houses of Congress, allowing him to pass his economic stimulus, environmental reforms and the Patient Protection and Affordable Care Act.
The US faced extreme economic crisis, but received the highest approval ratings in the first 100 days since the 1970s.
He lost control of Congress in the 2010 midterms, losing the majority in the House.
Personal popularity remained strong, despite divided government
He enjoyed some improtant successes, such as overseeing the killing of Osama bin Laden in 2011
Many conservatives thought Obamacare expanded the role of federal government too far into people’s lives.
Could not convince Congress to support gun control, even after Sandy Hook.
Lost the Senate in the 2014 midterms.
To avoid becoming a lame duck president, he relied on executive orders rather than legislation , although not always successful
Senate would not even allow hearings for his Supreme Court nominee, which later allowed Trump to fulfil a conservative majority on the Court.
Obama’s executive order to protect some illegal immigrants from deportation was challenged by 26 states, then blocked by the SC in 2016.
Does the US have an imperilled or imperial presidency?
Imperial
Presidents do not ask Congress to declare war
They have access to emergency powers.
Make use of direct authority, allowing them to bypass Congress,
Strong partisan support in Congress can prevent a president being held to account.
Expansion of the federal government increases the president’s power.
Imperilled
Presidents can be forced to use direct authority to avoid gridlock in Congress.
They are unable to acheive their legislative priorities without Congressional support
Government shutdowns are a reminder of the limitations of presidential power.
Lame duck periods of presidencies during which policy objectives are difficult to implement.