US GOVERNMENT-POWER OF THE PRESIDENT

What are formal powers?

These are powers of the President that are stated formally in the constitution but also includes implied powers that are derived from the content in the constitution

What are informal powers?

These are powers that are not written in the Constitution, but are used more to influence the US government and politics in ways that aren’t formalised

What are three formal powers of the President?

-Veto power

-Appointment of supreme court justices

-Executive Orders

Give an example for the Presidential veto power

In 2020, President Donald Trump vetoed the 740.5 billion dollar National Defense Authorization Act (NDAA) — a massive, bipartisan military spending bill — because it didn’t repeal Section 230 (which protects social media companies from liability).
Despite overwhelming congressional support, his veto forced Congress to re-vote.

Give an example for appointment of supreme court justices

President Donald Trump nominated Brett Kavanaugh, a conservative judge, to the Supreme Court in 2018. His confirmation was extremely sceptical, due to both ideological concerns and sexual assault allegations.
Despite this, the Republican Senate's confirmation cemented a conservative majority (6–3) on the Court — significantly affecting future rulings

What are executive orders?

Executive orders are official directives issued by the U.S. President to federal agencies. They have the force of law, but don’t require approval from Congress.

Give an example of an executive order in practice?

Trump issued an executive order in 2017 often referred to as the ‘Muslim Ban’ which temporarily suspended entry into the U.S. for citizens of seven predominantly Muslim countries for 90 days. It also paused the refugee admissions program for 120 days and indefinitely banned Syrian refugees. Though courts struck down the original version, a revised travel ban was upheld by the Supreme Court in 2018

What is the military power given to the president shown through Article 2 section 2?

The President should be commander in chief of the army and navy and so has control over key decisions made with regards to the military etc

What is the Act that limits war making powers of the President?

-War powers Resolution of 1973

-The president can enforce military action for 60 days without congressional approval and an additional 30 days to remove troops

What is the direct counter to the War making powers of the President?

Most presidents since its passage have treated it as unconstitutional or non-binding, arguing it infringes on their authority as Commander-in-Chief under Article II of the U.S. Constitution.

-For example, Presidents Reagan, Clinton, Obama, and Trump engaged in military actions without the consent of congress

Give an example of the President using these war making powers?

Killing of Aw Awlaki

What are three informal powers of the President?

-Media Outlet Power

-Executive Privilege

-World Stage Influence

What do you mean by media outlet power?

Through the president’s prominence as a political figure he is able to use the media to set the general topic of conversation across the whole country in order to benefit both them and their administration

Give an example of this

After the 2020 Election Donald Trump repeatedly claimed that it was against him. Through frequent tweets and public statements saying it was’ rigged’ or ‘stolen’, he pushed the idea of widespread voter fraud, despite a lack of evidence. His messaging dominated news coverage and political debate, leading to the rise of the “Stop the Steal” movement. This narrative became central to his supporters and ultimately contributed to the January 6 Capitol riot

What is executive privilege?

This is the power to withhold certain documents or refuse to testify when requested by congress , if the information might threaten national security or hinder the effective functioning of the government

Give an example of this

In the Fast and Furious scandal, Criminal statutory contempt was attempted in 2012 whereby the House voted (255 for , 67 against) to hold former attorney general Eric Holder in contempt of congress for refusing to give details on operation Fast And Furious( a failed firearms operation which allowed 2000 weapons to reach Mexican gangs) but Obama used his executive priviledge to block the release of the details and clear Eric holder of all wrongdoing

What is World Stage Influence?

The president is seen as an influential leader on the World Stage with US dominating global politics and international institutions such as the UN, NATO etc

Give an example of this

In 2024, President Joe Biden used his influence on the world stage during the NATO Summit in Washington. At the summit, he successfully rallied NATO allies to provide Ukraine with advanced defence systems, including equipment from the United States, Germany and Italy . Biden also announced plans to deploy long-range missiles in Germany by 2026, reinforcing U.S. commitment to European security

What are the checks and balances congress hold on the President?

-Impeachment

-Override of the veto

-Senate confirmation of presidential nominees

-Power of the Purse

-Overisgiht ( select Committees )

What checks and balances do the supreme court have on the President?

Power of Judicial Review

Give an example of Judicial review limiting Presidential Power

In the 2020 case of Department of Homeland Security vs the University of California. The Trump administration attempted to end the Deferred Action for Childhood Arrivals( DACA) program which protected undocumented immigrants brought to the US as children from being deported. The Supreme court ruled against it in a 5–4 vote claiming the process used to rescind DACA was ‘arbitary’.

What are the other external limits on presidential power beyond the actions of the other branches?

-Congressional Make up

-External Events

-Electoral Mandate

What is the electoral mandate?

An electoral mandate refers to the authority a political leader, especially a president, gains from winning an election and is effected by the popular vote.

What is the popular vote?

The popular vote refers to the total number of votes cast by individual citizens in an election but to win an election you need to win the electoral college

Give an example of the electoral mandate effecting Presidential influence?

-Donald Trump lost the popular vote in 2016 by 3 million due to Hilary Clinton’s success in Population dense areas eg. California which meant he struggled to pass his agender such as his desire to repeal the Affordable Care Act

Give an example of an external event that limited presidential power

In response to 2001 9/11 attacks, Bush was forced to shift his attention to national security and military action, including the War on Terror and the invasion of Afghanistan. These external events required immediate action, sidelining his domestic policy agenda and so constrained his ability to address issues like healthcare and education reform(eg. No Child Left Behind) etc

Give an example of how congressional make up effects Presidential Power

In 2011, President Obama’s power was limited by the Republican-controlled House during the debt ceiling crisis. The Republicans, focused on fiscal conservatism, demanded significant spending cuts in exchange for agreeing to raise the debt ceiling. This forced Obama into a compromise, leading to the Budget Control Act of 2011, which imposed strict spending caps which limited his ability to carry out his agender

Why do national emergency’s increase presidential power?

-They allow the president to unlock federal funding and more than a hundred powers granted to congress in case of emergency

-The definition of a national emergency is vague which the gives the president greater scope to use it( currently 30 NEs)

Give an example of the President using national emergencies

Following the end of the government shutdown Trump declared a national emergency officially in 2019 allowing him to access additional funds for border wall construction, redirecting $3.6 billion from military construction projects. Even though congress did vote twice to end the state of emergency Trump vetoed it twice and given the lack of super majority to override it continued

What is the counter to the President’s power during national emergencies?

-Congress can terminate a national emergency through a joint resolution.

-But these can be vetoed by the President

Give an example to show congress limiting the power of president?

Debt Ceiling crisis