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Formal Sources of presidential power
Outlined in US Constitution - Article 2 awards president a range of powers and roles
Head of State
Head of Government
Absolute control over executive branch
Commander in Chief
Chief Diplomat
Head of government
Absolute control over executive branch
There to help president out, making them as effective as possible
Sections of executive branch (VP, cabinet + EXOP) have specific roles in supporting president
President appoints ~4,000 positions in executive branch and agencies (>1,200 that require Senate confirmation)
Incoming presidents can create new positions/offices to reflect their specific priorities.
Senior team-helps organise and manage rest of executive branch
Constitution gives president other role under head of government:
Chief Diplomat: responsible for relations with other countries, appointing those who pursue these relationships e.g. US ambassadors
Commander in Chief of the Armed Forces: gives ability to direct military.
Constitutional ambiguity: president is made commander in chief, yet Constitution states that congress declares war.
Setting congressional agenda: President influential over legislative programme of Congress. Congress can ignore Presidential proposals for new laws
Informal Sources of Presidential Power
Ways president can draw power from other political processes
Include powers that are not outlined in Constitution that president manages to adopt
Electoral Mandate
Cabinet
Executive Office of President (EXOP)-National Security Council (NSC), Office of Management Budget (OMB), White House Office (WHO)
Powers of persuasion- nature of each President
Executive Orders
National Events
Electoral Mandate
Elected president has right to govern: elected by people. Can claim a right to expect passage of policies that were central part of their campaign. Can claim legitimacy to pass other bills, especially when responding to changing circumstances. Extent of a mandate given to president depend on way in which election is won and overall popularity of winner
Promotes presidential power: gives president authority to set political agenda and push bills through Congress. Presidential candidates explain their policy agenda to public, seek consent to put into practice.
Presidents at most powerful when they have just been elected: have momentum of campaign behind them-will find it difficult to achieve legislative goals that deviate from ideological direction they set out during their campaign
Some campaign results make us question extent to which incoming president is legitimate.
EC can cause undemocratic results: most popular candidate does not win presidency. Increasing concerns over fairness of elections, with barriers to voting and evidence of external intervention.
Not process of mandate that determines influence of a president but more the powers and limits of office: a president with questionable mandate still president with power to propose laws, veto legislation and utilise executive powers
Cabinet
to advice president
Most members of Cabinet are heads (Secretaries) of Executive Departments-main role is to direct policy and operation of their department.
Departments based on policy areas- e.g. treasury, defence and education
VP and small number of senior Executive Office of President (EXOP) staff are members of Cabinet
Existence of cabinet not stated in Constitution but is established as part of long tradition of meetings of heads of departments with president.
Limitations on Presidential Power
Both the President and Congress are independently elected, granting each a separate democratic mandate.
This independence means Congress can claim its own legitimacy, often resisting the president's political agenda.
Congress actively develops its legislative priorities, separate from the president’s agenda.
House and Senate members prioritize constituent views and may vote against the president's proposals if unpopular in their districts or states.
Divided government occurs when the president is from one party, and at least one chamber of Congress is controlled by the opposing party.
This division often results in conflicting agendas and can hinder legislative progress.
Even in unified government, intra-party disagreements can arise.
The president lacks direct control over members of Congress, such as using threats of promotion or demotion to secure votes.
This independence ensures Congress is not obligated to follow the president’s directives, even if the president’s party has a majority.
However Trump seemed to reward loyalty in his 1st term with nominations in his second (Gaetz for AG)
The U.S. Constitution’s separation of powers and checks and balances are designed to maintain a balance between the executive and legislative branches.
These features ensure both branches must cooperate to achieve policy goals, reinforcing the independence of Congress in governance.
What is an “imperial presidency”, example and who coined the term?
Presidents are going beyond their constitutional powers + undermining the separation of powers, and checks + balances
Nixon, Reagan, Kennedy
Arthur Schlesinger
What is an “imperilled presidency”?, example and who coined the term?
A president who finds difficulty in exercising constitutional powers and control federal bureaucracy.
Ford - post Nixon major crackdown on Presidential power
Richard Neustadt
Variables that affect presidential success
Electoral mandate
Public approval
First or second term
Unified or divided government
Times of crisis
What is a “Lame duck” president formally?
One who is not containing in office after January but who is still in office
What is a “lame duck” president informally?
A president who is weak and cannot exercise his powers effectively
Name the powers of the president
Propose legislation
Submit annual budget
Sign legislation
Veto legislation
Act as Chief Executive
Nominate executive branch officials
Nominate federal judges
Act as Commander-in-Chief
Negotiate treaties
Pardon power
Head of State
What is EXOP, what does it do?
Executive Office of the President
Umbrella term for the top staff agencies in the WH that assist the president in carrying out the major responsibilities of office
What is the NSC?
National Security Council
President’s official forum for deliberating national security + foreign policy issues
Part of EXOP
How does unified government explain Trumps ability to achieve legislative agenda ?
Easier to persuade Congress during unified periods
Esp. as parties have become more ideologically distinct
Trump 2017 Tax Cuts + Jobs Act (trifecta)
Passed with no Dem support
Fewer landmark policies after the mid-terms (house → D)
First Step Act (2018) was an exception - crim justice reform enjoyed bipartisan support in Con
What are the Five ways a President can dominate foreign policy?
Creation of treaties
Appointment of foreign ambassadors
The reception of ambassadors- right to recognise nations
Role of commander in chief
Head of state
What congressional power has been usurped by the president’s position as commander in chief ?
Congressional power to declare war
How has congress attempted to remedy the president usurping their power to declare war?
Power of the purse
Authorisations for Use of Military Force (AUMF)- has struggled to use this to prevent action
What has been seen as unconstitutional since 1973 and therefore not enforced by presidents ?
The war powers resolution act
Due to the presidents position as head of state, what does congress allow during times of national crises?
Considerable freedom for the president- by the time they can reclaim power the damage is done
What 4 ways can congress attempt to control foreign policy?
Power of the purse + appropriations to defund/fund military action (Dems tried to defund Iraq War in 2007)
Issuing of an AUMF
Ratify treaties (Senate)
Use of legislative power
What is an example of congress using the media to demand a say on foreign policy?
Obama’s Iran Nuclear deal - Congress demanded involvement and passed a bill (bipartisan support) giving them the right to reject any deal made with Iran to ease the sanctions - could be vetoed by Obama
What law did Congress pass to attempt to limit Obamas foreign policy goals?
Laws preventing Obama from allowing Syrian refugees + release of Guantanamo Bay detainees on to US soil
Where are the enumerated powers of the president found?
Article 2
11 enumerated powers
Name powers of the president
Propose legislation
Submit the annual budget
Signing legislation
Veto legislation
Act as Chief Executive
Nominate executive branch officials
Act as Commander in Chief
Pardon
Head of State
Propose legislation: explain + example
Article 2 gives powers to propose legislation to Congress at the State of the Union Address
Can also be done at press conferences or announcements at public events
Biden 2024 wanted to cap prescription drug costs at $2000 a year - state of the union
Submit the annual budget: explain + example
Budget drawn up by the Office of Management and Budget (OMB) which is part of EXOP, then submitted by the President to Congress to be negotiated
Biden 2023 budget proposed funding increases for climate initiatives, education + healthcare
Signing legislation: explain + example
After passing through Congress, President can sign the bill into law
Sometimes with a public ceremony for significant legislation
Obama 2010 invited a late senators widow and 11 year old whose mother dies without insurance to the ACA signing
Veto legislation: explain + example
Significant power that Congress can rarely overrule in practice
Regular vetoes can be overruled
Pocket vetoes at the end of the session can’t be
Trump 2020 vetoed the National Defence Authorisation Act that banned naming military bases after confederates. Overruled by Congress with bipartisan support
Act as Chief Executive: explain + example
Managing the federal executive branch, overseeing departments and agencies with help from EXOP to handle day-to-day operations
Biden 2021 faced executive branch co-ordination challenges during the rollout of the COVID vaccine
Nominate executive branch officials: explain + example
Appoint head of executive departments, agency heads and ambassadors but requires Senate conformation
Biden 2021 nominated Antony Blinken to be SoS, widely publicised with a changing foreign policy agenda
Act as Commander in Chief: explain + example
Oversee the military and can direct actions abroad, with Congress holding authority over declarations of war + military funding
Biden 2021 withdrew US troops from Afghanistan
Pardon: explain + example
Pardon power for federal offences, often used at the end of term
Trump 2021 issued numerous pardons before leaving office including for political allies like Bannon
Biden 2024 pardoned his son Hunter
Trump 2025 pardon vast majority of the Jan 6 rioters
Head of State: explain + example
Acts as a national symbol during times of crisis or tragedy, providing unity and comfort
Biden 2021 took the role of ‘commander-in-chief’ during COVID
Implied / Inherent powers of the president
Establish a cabinet
Executive privilege (withholding information from Congress)
Executive Orders
Presidential proclamations
Executive agreements
Signing statements
How is persuasion power used privately
Informal communication
One-on-one negotiation with members of Congress
Biden negotiated with conservative Dem Joe Manchin for his support of Build Back Better
Lobbying individual Congressional members
How persuasion power is used publicly
Public speaking engagements / advocating for public policy agenda political rallies
Use of media and other communication to shape public opinion
Use of social media - Trump 25k tweets ‘16-’20
Advocacy for policy positions and agenda
Attempts to enhance personal popularity to influence Congress
“Two presidencies” theory
Wildavsky’s theory
Foreign policy gives the president greater freedom to act independently
Less powerful on domestic policy
Constitutional powers of the VP
Presiding officer of the Senate (performed by others)
Cast tie-breaking votes in the Senate
Counting and announcing the ECV
Become president in cases of death, resignation and removal
Acting president in cases of presidential disability
Modern powers of the VP
Significant advisor in administration
Factors that affect success
Electoral mandate
Public approval
First or second term
Unified or divided government
Crises
Electoral mandate: explain + example
Larger the mandate at the last election, the greater the chance of success
Era of hyper partisanship, presidents less likely to achieve electoral landslides (LBJ ‘64, Nixon ‘72, Reagan ‘84) - No president has been elected with >55% since
Reagan was arguably in a stronger position in his 2nd term in ‘84 (elected with 59% and 49 votes) than Clinton + Bush in their first terms (43% and lost popular)
However tends to be exaggerated, Trump claims having a “massive mandate” but won the popular vote by less than 2%
Public approval: explain + example
Elections are more of a popularity snapshot, over months and years public approval ratings influence ability to get things done
Post 9/11 Bush’s approval ratings reached 90%. in his last 3 years rarely went over 40% (25% in 2008)
Clinton’s high approval likely saved him from impeachment 1999
Era of partisanship, has been a widening gap of approval rating by party
First or second term: explain + example
Typically easier to gain success during first term (2 years)
Typically become lame ducks in their second term, so push policy priorities in 1st term
GWB 1st term avg. 62% → 37% 2nd term
BHO 1st week in office 67% → <40% after 2nd mid-terms
Unified or divided government: explain + example
Easier to succeed if Congress are controlled by their party
Presidents achieve significantly higher levels of Congress support with unified governments
Clinton - Obama avg. under unified was 83%
Divided gov. 53%
Crises: explain + example
Rally effect / Rally around the flag effect
GWB 7/11 approval rating 51%, 2 weeks later 90%, stayed above 80% for 6 months
Able to pass key legislation about national security + education
National Security Council: role and importance
Led by the NS Advisor, designed to help the president coordinate foreign policy and US security
Should be an ‘honest broker’ for the pres., aiding decisions and avoid politicising information
Coordinates info from the CIA, State and Defence departments and ambassadors
Importance changes depending on the president
Obama had strong-minded SoS making the NSC deferential to her role
White House Office: role and importance
Headed by Chief of Staff for the WH
Have the highest level of clearance, lots of influence and power
Important to be experienced: Rahm Emanuel (‘09-10) worked on campaigns for Clinton and as a senior advisor and member of the House
Office of Management and Budget: role and importance
Produces the President’s budget and ensures the deliver of policy
Head of the OMB is one of the only EXOP members requiring Senate confirmation
Clearing house for all proposed leg. analyse budget impacts
Trumps OMB requested over $5 billion for the border wall → led to the longest gov. shutdown in history → some of his lowest approval ratings <40%
OMB director Darman recommended GHWB break ‘no new taxes pledge’ in 1990 → credited as costing his chances for re-election in 1992
Executive Order
A direction to the federal bureaucracy on how the President would like a piece of legislation to be implemented
e.g. FDR 1942 Executive Order 9066, immediate internment of Japanese-Americans
Executive Branch
Headed by the President, one of the 3 branches of Government, alongside the legislative branch (Congress) and the judiciary (headed by the Supreme Court)
Executive Office of the President (EXOP)
Created in 1939, originally contained two offices but has since grown enormously in size and scope in order to assist the President in decision making
e.g. WH Chief of Staff, Mick Mulvaney
Presidential Appointments to Federal Posts
Nearly 500 Cabinet and sub-Cabinet posts
Subject to Senate confirmation
2500 additional appointees, mainly within the EXOP
Posts requiring Senate approval
Cabinet and junior Cabinet posts
Ambassadors
Agency heads (such as FBI, EPA, FEMA and CIA)
Members of regulatory commissions (such as FCC, FERC and SEC)
All federal judges
Trump as head of the Executive Branch
2016
Installed his Chief Political Strategist Steve Bannon as a permanent member of the National Security Council and created the Office of Innovation
Appointed his son-in-law Jared Kushner to reform the federal bureaucracy
2024
Nominated ex-daughter-in-law as ambassador to Greece
Appointed personal lawyer during his first impeachment trial - Pam Bondi - to be AG
Chief Diplomat
President is responsible for relations with other countries, as well as for nominating ambassadors and diplomats
Commander in Chief of the Armed Forces
President has the power to direct the military during times of war (but Congress is given the power to declare war)
Electoral Mandate
The permission granted to a political leader or winning party to govern and act on their behalf, the mandate is more or less in effect for as long as the government is in power
Examples of Informal Powers
Electoral mandate
Executive Orders
National events
Cabinet
EXOP
Powers of Persuasion
Limitations of Executive Orders
President has to show that their use is directing the executive branch in a manner that does not fall under the legislative role of Congress, this can and has been reviewed by the Courts
Can also be strong public and Congressional outcry, and President's have to mindful of their popularity if they are to maintain power
e.g. Order 9066 met with public discontent, Korematsu v US 1944
Cabinet
Includes the Vice President, and the heads of 15 executive departments, as well as Cabinet-level officials such as the Chief of Staff and the head of the Office of Management and Budget
Play an important role in helping to make and execute policy
Trump and the Immigration Ban
In 2017, he issued an executive order banning immigration from 7 countries, arguing that this would limit terrorist threats to the US
Fired US Attorney General Sally Yates after she challenged him
The order was halted by a federal judge after it was challenged over racial discrimination
EXOP - Relations with Congress
Specialist advice and support in dealing with Congress is a critical part of the President's success in achieving policy goals, the Office of Legislative Affairs develops strategies to advance the President's legislative initiatives
EXOP - Specialist Functions
Some President's have created offices with a specific mandate related to their special interests, for example, Obama sponsored the Office of Faith-based and Neighbourhood Partnerships to work with community groups too end poverty, support women and children, and encourage fathers to remain in the home.
National Security Council (NSC)
Established in 1947 at the beginning of the Cold War
Principal body advising the President on national security and foreign policy issues, the President gets daily briefs and consults the National Security Advisor (NSA) over major security issues
Office of Management and Budget (OMB)
Largest office - 500 employees,
Head needs to be confirmed by the Senate
Advise the President on the allocation of funds for the annual budget
Oversee spending in all federal departments and agencies
White House Office (WHO)
Includes the President's closest aides and advisers, senior staff have the title 'assistant to the president', the head is the chief of staff to the president
Obama's 1st term Domestic Policy
Stimulus package (2009)
Affordable Care Act (2010)
DREAM Act
Nominations of Sotomayor and Kagan
Obama's 1st term Foreign Policy
Afghanistan surge (2009)
Russia Treaty (2010)
Libya (2011)
Obama's 2nd term Domestic Policy
DREAM Act and immigration reform
Gang of 8 and executive orders (2013)
Gun regulation (2013)
Budget shutdown
Path to Prosperity and Affordable Care Act (2013)
Keystone Pipeline veto (2015)
Garland Nomination (2016)
Veto of health care repeal (2016)
Obama's 2nd term Foreign Policy
NDAA veto threat
Compromise/failure to close Guantanamo (2015)
Defence budget veto (2015)
Syria-Assad (2013)
Islamic State strikes (2015)
Iran Deal (2015)
NDAA veto (2016)
Separation of powers as a limit on the President
The President and Congress receive separate mandates
President has limited patronage power over individual members of Congress
Agenda-Setting
Allows the President to act as the driving force of US politics, reinforced by the President's position as both head of state and head of the government
Obama vs Congress
2010, Republicans took control of the House, leading to a an alternative agenda to the president's, they clashed, resulting in gridlock, leading to the federal government being shut down in 2013 (16 days) over the budget
Trump vs Congress
Struggled to pass the American Health Care Act through the House, withdrew in March due to lack of congressional support
After compromise passed the House in May (difficult despite Rep majority) then failed in the Senate
Imperial Presidency
President stretches the Constitution in the exercise of constitutional roles, such as chief executive and commander in chief, and may ignore wishes of Congress
e.g. FDR New Deal and WW2
Executive Orders - Bush
2001, Bush signed an executive order that allowed the creation of military tribunals in language that covered the detention, treatment and trial of non-US citizens involved in terrorism
Led to the creation of the Guantanamo detention camp
Executive Agreement
Created by the President in making an agreement with another country
Does not require Senate ratification, could be seen as replacing treaties and allowing the President to bypass traditional constitutional relations to achieve foreign policy goals
Is only an agreement with the incumbent president and can be ignored by future presidents
Example of executive agreement
Iran Deal 2015
Agreed on lifting some trade embargoes and freezing Iranian assets in return for Iranian efforts to end their aims to be military nuclear power
Unilateral War Powers
Presidents have made military decisions without consulting Congress e.g. Vietnam
Can be seen as bypassing key requirements of the Constitution , but this is rather short term
Longer term action is more easily regulated by Congress using the War Powers Act
Imperilled Presidency
A presidency where the President does not have enough power to be effective, particularly because of complexity or direct resistance in the legislative branch
e.g. Obama vs GOP majority in the House 2010
War Powers Act 1973
President can only commit troops abroad with congressional approval unless there is a national emergency
Congress has the right to withdraw troops, and the President must withdraw troops after 60 days of notifying Congress at the start of hostilities if Congress has not approved military action
How are Presidents limited in their efficiency?
Using the separation of powers and strong checks and balances on presidential power, the US Constitution deliberately restricts the ability of the President to achieve their aims
The rise of partisanship has had a major impact on the effectiveness of Presidents as it can lead to legislative gridlock
Obama - Introducing Health Insurance for all (2008)
Partially achieved
Passing of the Affordable Care Act, Obama compromised on the public opinion, dropping his desire for a federal health insurance company to compete in the marketplace
Obama - Closing Guantanamo Detention Centre (2008 and 2012)
Failed
At the end of the Obama presidency, Guantanamo still held 41 people
This had been reduced from 242 at the start of the presidency, with 197 being transferred, repatriated or resettled by January 2017
Obama - Removing US troops from Iraq and increasing US involvement in Afghanistan (2008)
Largely achieved
Congress agrees to a troop surge in Afghanistan in Obama's first term
Troops removed from Iraq 2011
Obama - Stimulus package for the economy (2008)
Achieved
Legislation passed in 2009 that led to additional spending of $787 billion
Obama - Immigration reform to allow more people to have a path to citizenship (2008 and 2012)
Failed
Did not pass in Congress in the first or second terms
Partial success using executive orders, although some of these were struck down by the Supreme Court (DAPA)
