How do Presidents veto legislation, and how significant is the presidential veto?
• Can be used as a threat/political weapon
o A threat in order to amend a bill or implement a provision that the presidential
specifically wants
o Obama uses this method a lot – e.g. in October 2014, he threatened a veto on any
partial funding legislation the GOP Congress passed, that only funded some social
services, rather than a broader spending bill
• Used purely because the president disagrees with the bill
o Often, Presidents veto legislation as they don’t agree on any of the provisions
• Used in order to give the bill more time to be debated and amended
o Especially the case with the pocket veto, where the president will allow for the bill to
not complete its passage by the end of Congress, thus ensuring further debate time
How significant is the presidential veto?
• Has been used extensively by each president
o FDR vetoed 635 bills
• May be the only way for a president to assert his dominance on a divided government
o When the president has lost one or both houses of Congress, the veto is an
assertion of his presidential power
o It has a 93% success rate, and thus is a significant weapon for the president
• It has typically been used less by modern presidents, as it connotes weakness and
desperation
o Obama has only used the veto twice, however he has threatened it a considerable
amount
• It can be used too liberally, and thus diminish the mandate of Congressmen
o Especially in a President’s second term where re-election isn’t a concern, it can be
used too much
How much influence does the President have over the legislative process?
• Dependent on party majority in Congress
o A President’s ability to govern is almost always down to whether has a majority, and
if so whether it is large enough
o E.g. Obama in his second term has no control over much of the legislative process
• Dependent on first term or second term
o Incumbents always suffer during re-election (FDR was the only one to gain seats),
thus the president always lacks influence over legislation in his second term
o Prominent with Obama and the Republican Congress
• Dependent on his ‘power to persuade’
o To what extent does the president successfully utilise his power to persuade through
perks and people, and thus influence the legislative process
• Dependent on whether it’s a time of crisis or not
o Wildavsky’s Dual Presidency theory
o A president has more legislative freedom during a time of crisis
o E.g. PATRIOT Act
What are executive orders, and how significant are they for presidential power?
• Definition:
o Instructions to federal bureaucracy, giving guidance on how the president wishes
legislation to be implemented
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