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Summary US presidency
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Article II opens and closes with restrictions on the presidential branch to prevent tyranny by astrong executive branch. However the vagueness of the article has allowed considerable growth
of the presidency over time.
Nature of the presidence (section 1) - Executive power, 4 year terms, must be a US born citizen
and a resident for 14 years
Section II Powers of the president - Commander in chief, pardons and reprieves, make treaties,
appoint ambassadors, judges and officials
Section III Responsibilities of the President - Receive ambassadors, state of the union address
to Congress
Section IV - Impeachment
Executive branch
- President, Vice president, Executive office and Cabinet
- Enumerated powers of the president: Commander in chief, Negotiate treaties, appoint
ambassadors and judges, pardon, approve or veto legislation.
- Implied powers of the president: Establish a cabinet, executive orders, agreements and
privileges.
Formal sources of presidential power
1. Approve legislation: The president can choose to sign a bill. E.g. when Biden signed
the Infrastructure Investment and Jobs Act 2021. Veto a bill, if the president objects to
legislation they can veto it. If congress is able to override the veto, it makes a president
look weak. President Bush had 4 out of his 12 vetoes overridden. Take no action, the
president can refuse to sign the bill. If it is left for 10 days and congress is still in session
then it becomes a bill however if Congress’ session has ended then it gets pocket
vetoed. E.g. in 2016 Obama allowed a renewal of the Iran sanctions act 1996 to become
law without his signature.
2. State of the union: President is able to make recommendations for congressional
consideration, outlining their legislative agenda for the coming year. E.g. Biden called for
support for Ukraine in 2022 and that was a success with $13.6 billion pledged within the
$1.5 trillion spending bill.
3. Appointments: Include key appointments such as SC justices and cabinet positions.
The president is also given the power of ‘recess appointments’ which allows the
president to make temporary appointments to vacancies that have occurred which would
usually require senate approval but the President cannot get because the senate is in
recess. President Clinton made 139 recess appointments and Bush made 171.
4. Executive powers: Executive orders are a directive issued to the federal bureaucracy
regarding how the president would like a piece of legislation to be interpreted and
, enforced. E.g. Roosevelt allowed the internment of Japanese Americans during WW2. In
2009 Obama ensured lawful interrogations (banning torture). These can be easily
overturned by a new president, new law or SC ruling. Presidential proclamations, Trump
made 570. Signing statements, when a president signs a bill they usually point out the
positives or negative aspects of the bill. E.g. Obama signed the NDAA in 2011
5. Grant reprieves and pardons: The President can forgive people for a federal crime,
making it as if the crime never occurred. Clinton pardoned 396 people. Commutations
can be used to free people from a current sentence, they lessen or remove the sentence
that a person has received. Obama issued 330 commutations on his last day to people
convicted of drug offences.
6. Commander in chief: the president is constitutionally the head of the army and the
navy. Federal troops have been deployed in the case of national emergencies, such as
Hurricane Katrina in 2005.
7. Make treaties: Right to create treaties with other nations with consent of the senate.
E.g. New START in 2010 required negotiations by the president and ⅔ rds majority in
the senate. Executive agreements don’t need consent from the senate, Obama
negotiated the Iran nuclear deal and the Paris Agreement on Climate change by
executive agreement.
8. Receive ambassadors: President used this power to recognise nations and decide with
whom the USA is prepared to work with. President Obama recognised Sudan in 2011,
establishing diplomatic relations with these countries. Obama met with the Dalai Lama
four times in the white house.
9. The role as the head of states and head of government: As the head of state, the
president attends world summits and events such as the G7 or G20 as a representative
of the USA. As the head of government the president heads up the executive branch.
The EXOP can use executive actions to ensure that US laws are carried out effectively
and have the right to sign and veto legislation.
Does the president have greater control over domestic or foreign affairs?
Domestic affairs Foreign affairs
Strengths - It is expected that presidential - The president is the head of
bills should pass through state and can command the
congress given the attention of world leaders and
president’s electoral mandate. the global media.
- The constitutional requirement - The president can use
to address congress annually executive agreements to avoid
about the ‘state of the union’ consulting the senate.
gives them a platform to - International crises demand
suggest legislation. swift and decisive action;
- In a time of unified congressional investigations
government, the president is and accountability often come
likely to face less scrutiny only after the crisis has passed.
from congress - As a commander in chief,
- If the president holds a strong presidents have taken military
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