sources of presidential power

What are the formal powers of president?

• head of state

• head of govt

• executive powers

• legislative powers

• appointment powers

• paronds

• foreign policy

How did the founding fathers intend for presidential power to be like?

• used to be indirectly elected → now directly elected however still use of electors system

• cabinet not as a decision making body

• limited and checked president

  • they feared tyranny by the executive branch

What does the presidential role of head of state entail?

• has to carry out all of the ceremonial and diplomatic duties that are normally performed by the consttutional monarch (like in the UK)

• this role is most clearly seen in times of national tragedy

• allows president to exert authority as this position commands cultural respect that allows them to project their leadership of the nation and direct US policy

examples of presidents taking on role as head of state

• Biden’s speech after the US Capital Riot

• after 9/11→ W Bush address to the nation from the Oval Office

• less successful by Trump during COVId and 2020 BLM protests

What does the role of head of government entail?

• president is head of executive branch of fed govt by virtue of powers granted in constitution

  • enumerated powers as stated in Article 2 of the Constitution

• e.g.

  • implementing economic plans → Biden’s infrastructure bill

  • Trump in 2025 DOGE department

• however limited power since they are constrained by Congress and courts

What are the main executive powers?

• acting as chief executive

• prepares annual budget and submits it to Congress

  • followed by lengthy and difficult bargaining process between president and Congress

    • even more so during a divided government

    • has therefore frequently led to govt shutdown and gridlock when the president and Congress have been unable to agree on a budget

examples of executive powers being used

• executive orders :

  • Biden’s order to rejoin Paris Agreement

  • Trump’s 26 exec orders, including 2025 ban on trans students taking part in women’s sport

What are the legislative powers of presidents?

• proposing legislation

• signing legislation

• vetoing legislation

How can the president propose legislation?

• through a State of the Union address

  • gives the president the power to propose legislation to Congress

• also at any time → can call. apress conference or make a public announcement

• e.g. 2018 → Trump used his SoU address to promise crackdown on immigration

Examples of presidential vetoes of legisation

• regular veto:

  • in total → been 1,500 regular vetoes

  • effective power since Congressional override is unlikely and difficult

  • Trump made 10 vetoes and one was overturned

  • Obama used 12 regular vetoes

    • failed to override first 11

    • including vetoing Keystone XL pipeline bill

• pocket vetoes:

  • used at the end of a congressional session

  • H W Bush used 15 pocket vetoes

What are the president’s appointment powers?

• nominating executive branch officials

  • Senate must confirm these appointments in simple maj vote

• nominating federal judges

  • E.G. Trump’s appointment of 2 SC justices to shift ideological balance

    • 2018→ Brett Kavanaugh

  • however could be limited by Congress if Senate cannot agree on a simple majority vote

examples of presidential pardons

• 1974 → Ford pardoned Nixon (his predecessor) from all Watergate related matters

• Clinton → pardoned 140 people including Mark Rich whose former wife had donated. alot to his election campaign

• Obama pardoned a total of 212 people

• Biden has pardoned 8,064 people

  • including his son Hunter Biden

What are the president’s foreign policy powers?

• the president directs US foreign relations

• negotiates treaties

• serves as commander in chief

• allows them to deploy military forces

examples of president’s using foreign policy powers

• Biden coordinating NATO support for Ukraine

• Nixon opening diplomatic relations with China in 1972, reshaping cold ward dynamics

• treaties:

  • Arms reduction treaty → Reagan

  • Chemical Weapon Ban → HW Bush

  • nuclear arms treaty with Russia → Obama

is the president’s foreign policy powers powerful?

• can shape global diplomacy

• however treaties and war efforts require congressional approval:

  • Senate must ratify treaties with 2/3 majority

    • rejected Treaty of Versailles in 1920

    • in 20th century, Senate rejected 7 treaties

• however president can just overcome this by bypassing congress and using executive agreements

What are the 12 informal powers of the president?

• the cabinet

• EXOP

• the White House Office

• National security Council

• Office of Management and Budget

• Powers of persuasion

• executive orders

• executive agreements

• signing statements

• electoral mandate

• public approval

• national events

How is the cabinet an informal power of the president?

This is not mentioned in the Constitution. It is an advisory group set up by the president to aid in making decisions and coordinating the work of the federal government.

How is EXOP (executive office of the president) an informal power?

Contains the top staff agencies in the White House that assist the president in carrying out the major responsibilities of the presidential office.

How is the White House Office (WHO) an informal power?

The personal office of the president (within EXOP), containing the staff who facilitate the president’s communication with Congress, heads of departments, the press and the public.

What is the OMB?

The office within EXOP that reviews budget requests, legislative initiatives, and proposed rules and regulations from the executive departments and agencies.

How does the president use its informal power of persuasion?

The president uses personal influence, the authority of their office and their political support, and makes deals to convince key political actors to support them

How does the president use its informal power of exeutice orders?

used as a form of direct authority

issues by presidents frustrated with congressional resistance to tehri agenda as an alternative to passing legislation

How can the president use its informal power of executive agreements?

• an agreement reaches between the president and foreign nations

• alternative to formal treaties due to the difficult process of getting it ratified by congress

How can the president use its informal power of electoral mandate?

• The larger the size of the president’s victory in the election, the greater is their chance of success in achieving their legislative agenda. The bigger their share of the vote, the greater their legitimacy.

How can the president use public approval as an informal power?

• elections measure populatrity on election day

• president’s approval rating can be important to help them get things done

How can the president use the national events as an informal power?

These events can affect presidential power, enhancing or weakening the president’s position in relation to Congress, the states and their personal approval ratings.

What is the power to persuade?

• informal power of the president in which they can use the prestige of their job and other bargaining methods to get people to do as they wish

• however in the modern era of polarisation, the power of persuasion are less effective than before

  • no guarantee of success with this power

What are the 4 rules that make the president a successful persuader?

• appoint members of executive early

• appoint a good chief of staff

• use closed discussion when formulating the details but be open later

• build a spirit of enthusiasm between staff and cabinet secretaries

evidence of president’s exploiting the ‘honeymoon’ period to appoint key roles

• George W Bush, Obama, Biden ensured that key roles in cabinet were appointed when they came to office

• Trump much slower at this during his first term in 2016 → hindered his progress in the early months of his presidency

  • however in early months in 2025 he turned this around and has been more decisive

evidence of the president appointing effective chief of staff

• W Bush was the most successful to find effective CoS

  • Andrew Card

• Biden → Ron Klain

• Obama and Trump each went through 4 chief of staff in their first term

evidence of presidents using closed discussion when formulating the detail but being open to final plans

• Obama made sure his healthcare reforms were tailored to achieve most of what he wanted and to gain support from the whole party

  • he dropped the more radical liberal elements of his reforms to ensure the support of more conservative Democrats

• Biden reached out to all sections of his party to pass the American Rescue Plan 2021 ($1.9 trillion) economic stimulus

examples of president building team spirit among his cabinet

• W Bush was successful at creating a feeling of pride and loyalty in his first 6 years of president

  • whole administration united around him and war on terror in the aftermath of the 9/11 attacks

• Trump least successful at this since he had high staff turnout and resignations

• can become difficult to build team spirit if you are a lame duck president → e,g, two term presidents like Clinton, W Bush and Obama

Why are executive orders an ‘extra-constitutional’ power?

Executive orders are considered ‘extra-constitutional’ because they are not explicitly mentioned in the US Constitution, but presidents use them under their implied powers to direct the executive branch.

How are executive orders drafted?

Executive orders are drafted by White House lawyers and policy advisers, ensuring they align with existing laws and the president’s agenda before being formally issued.

What can presidents not do with executive orders?

Presidents cannot use executive orders to create new laws, allocate funds without congressional approval, or override the Constitution and Supreme Court rulings.

Why did Obama change his mind about the use of executive power?

President Obama changed his mind about executive power after facing Republican obstruction in Congress, leading him to rely more on executive orders to push his policies forward.

What did president Trump use executive orders to do?

President Trump used executive orders to implement key policies such as the Muslim travel ban, rolling back environmental regulations, and weakening Obamacare.

Why are executive orders not a good way to enact a permanent change?

Executive orders are not necessarily permanent, as they can be easily overturned by future presidents, making them a less stable way to enact long-term policies.

2 Abortion examples about the weak nature of executive orders

The abortion example: Republican presidents, like Trump, used executive orders to reinstate the ‘Mexico City Policy’, banning US funding for foreign NGOs providing abortion services, while Democratic presidents, like Biden, reversed it upon taking office.

1984- Reagan signed an executive order prohibiting family planning clinics that received federal funds from informing their clients about abortion options → Clinton revoked this in 1993

further examples of revokable nature of executive orders

• 2001→ W Bush itroduved the Reagan order but was revoked again by Obama in 2009

• Trump reinstated Reagan’s order then it was revoked in 2021 by Biden

What did Biden use executive orders to do in his first 100 days of office?

President Biden used executive orders in his first 100 days to rejoin the Paris Climate Agreement, reverse Trump’s immigration policies, and expand COVID-19 relief efforts.

stark executive order examples

• 1961- JFK - Affirmative action

  • Required federal contractors to take ‘affirmative action’ to ensure equal treatment of employees and job applicants ‘without regard to their race, creed, colour or national origin’.

• 2001 -W Bush

  • Homeland security

    This executive order established an Office of Homeland Security, which grew into the Department of Homeland Security (as a response to the 9/11 terrorist attacks).

• 2009 - Obama

  • Closure of Guantánamo Bay

    This executive order aimed to ensure that the detention centre would be closed within a year. However, Congress prevented this action by refusing to fund the effort with an overwhelming 90–6 vote in the Senate.

• Eisenhower - 1967

  • Enforcement of desegregation

    Federal troops were sent to Little Rock, Arkansas, to support integration at a local high school.

• 2018- Trump

  • Lawful detention of terrorists

    Trump signed an executive order to keep Guantánamo Bay, honouring an election vow to keep the prison open and ‘load it up with some bad dudes’.

How can executive orders be unsuccessful?

• As well as being overturned by a president, executive orders can be ruled unconstitutional:

  • ●  by federal courts — for example, President Clinton’s federal government contracts order (1995)

  • ●  by the Supreme Court — for example, President Truman’s nationalisation of the US steel industry (1952)

  • ●  by Congress mobilising against the president — for example, President Obama’s executive order which failed to close Guantánamo Bay (2009)

What are executive agreements?

• type of direct authority that presidents cna use

• an agreement reached between the president and a foreign nation on matters that done require formal treaties

How often are executive agreements used?

• used frequency

• presidents rely on executive agreements more than treaties to conduct foreign relations

What sort of matters do executive agreements usually cover? (3)

• trade

• military cooperation

• environmental policies

Why might a president prefer to use an executive agreement over a treaty?

• political device to circumvent the Senate → executive agreements will not need Senate ratification

• use of exec agreements is useful for the president when a dvided govt

• also quicker to implement

Why was Clinton criticised for signing an executive agreement?

• signed an executive agreement rather than a treaty with North Korea

• number of Republican Senators including McCain of Arizona were unhappy

• said that a deal of that magnitude should’ve been brought to Congress

Which exec agreements were later rescinded by Trump?

• Obama’s JCPOA (a nuclear deal with Iran) → revoked by Trump but then rejoined JCPOA by Biden

• Paris Agreement (global environmental deal) → rejoined by Biden however as of 2025 Trump left it again

What are signing statements?

statement issued by the president on signing a bill which may challenge the specific provisions of the bill on constitutional or other grounds

How did Bush change the way signing statements were used?

earlier presidents used a more commentary or celebratory note to the bill → but W Bush’s challenged the constitutionality of some part of the bill he was signing into law

Why are signing statements used?

• claims that this is a overuse of pres power

• since the correct and constitutional course of action would be for the president to either veto the bill or to await a ruling on the law’s constitutionality from the SC

examples of singing statements

• 2005 → W Bush issued a signing statement on the Detainee Treatment Act suggesting it could bypass its restrictions on torture under his executive authority

• Obama used it in 2011 to voice his concerns over the National Defence Authorisation Act (NDAA)

• Trump:

  • 2017 → his two signing statements accompanied the Countering America’s Adversaries through Sanctions Act (2017), which enacted new sanctions on Iran, North Korea and Russia

  • Trump challenged the constitutionality of many aspects of the legislation

Other factors that determine how powerful a president is (3)

• electoral mandate

• national events

• public approval

How can an electoral mandate give a president more power?

• larger presidential mandate → greater chance of success in convincing Congress to pass their legislative agenda

examples of electoral mandates

• LBJ (1964) → 61.1% of pop vote → 486 EC votes

• Nixon (1972) → 60.7% of vote, 520 EC votes

• Reagan (1980) → 50.7% of the pop vote → 489 EC votes (then capitalised on this in 1984 with 529 ec votes)

evidence that frequency of electoral mandate is diminising

no president has been elected with more than 55% of the vote since Reagan’s landslide in 1984

Why does the electoral mandate not always guarantee legislative success?

• in the modern era of party polarisation, if there is a divided govt, then even with an electoral mandate the president will struggle to convince Congress to pass legislation

• However Biden was off to a great start i passing the American Rescue Plan despite coming in with just 51% of the popular vote

How can public approval rating affect their power?

president with a higher approval rating will have more political power than a lower one

examples of high approval ratings being important

• after 9/11, Bush’s approval rating reached 90%

• Clinton’s high approval rating in 1999 was what saved him from conviction in the Senate during his impeachment trial that year

  • Democrat senator reluctant to hold him to account

How are approval ratings affect by partisanship?

• era of partisanship and polarisation means it has been difficult to gain high approval ratings as people will view presidents according to their parties

  • e.g Trump’s approval among Democrats was 8% but among Reps it was 88% in the first year

How can national events affect presidential power?

it can strengthen or weaken the president’s position in relation to Congress, the states and president’s approval ratings

examples of national events weakening presidential power -Trump

• Hurricane Maria - 2017

  • slow response from the Trump administration

  • however Trump described this slow response as a success

• COVID 19 - 2020

  • Trump’s approval rating for the management of the pandemic plunged to 35%

  • he had acted too slowly and said a lot of distasteful things about the virus

• George Floyd Death 2020

  • approval rating dropped as Trump was accused of increasing racial tensions in the USA

examples of national events strengthening power - Obama

• Hurricane Sandy - 2012

  • Obama’s swift response was praised

  • helped him win the election again that year

examples of national events weakening power - W Bush

• Hurricane Katrina - 2005

  • Bush’s administrations slow response and support of the criticised FEMA was a low point

  • perhaps was why Republicans lost control of both houses in Congress in 2006

examples of national events strengthening power - W Bush

9/11 attacks 2001

Bush’s approval rating increased as the public approved his handling of the crisis

helped Republicans gain control of both houses in 2002 and 2004

examples of national events weakening power - Clinton

Monica Lewinsky Scandal 1998

• Clinton had to rely on partisan Senate to be acquitted

• national embarrassment for him

how does the president have pwoer in foreign policy?

• acts as a commander in chief and negotiates treaties

  • HOWEVER Congress checks these powers by ability to declare war and power of the purse - yet these checks have not been effective

• president has power to make appointments to executive branch - notably secretary of state, secretary of defense, secretary of homeland Security

  • subject to senate confirmation

What was the Bush Doctrine (2002-09)?

Following 9/11:

• Asserted US dominance and the right to wage pre-emptive war.

  • Led to the Iraq War (2003) under false claims of weapons of mass destruction.

• This misjudgement Strengthened US military dominance but damaged global reputation and trust.

How did Obama promise ‘soft power’?

• Obama announced tha the USA would return to a reliance on ‘soft power’ - described as the ability to get what you want by attraction

• announced diplomacy as a core instrument of foreign policy

How did Obama not fulfil these expectations of soft power?

• The promised closure of the Guantánamo Bay detention camp never materialised

• The largest offensive by coalition forces in Afghanistan was launched in 2010,

  • in 2011 Obama signed a 4-year extension of the Patriot Act and significantly increased the use of drone attacks.

  • There were estimated to have been 300 attacks during Obama’s first term compared with fewer than 50 during Bush’s second term.

• But 2011 saw the last US troops withdraw from Iraq and a date of December 2016 was eventually set for withdrawal from Afghanistan.

How can Trump’s foreign policy be seen as a success?

• Brokered peace deals between Israel and UAE and Bahrain

• Engaged in direct diplomacy with North Korea,

  reducing tensions.

• Pushed NATO allies to increase defence spending,

  addressing long-standing issues.

How can Trump’s foreign policy be seen as reckless?

• Withdrew from the Iran nuclear deal and nearly pulled out of NATO, even though it consists of some of the USA’s closest allies.

• Instigated a trade war with China, which backfired economically.

  • China benefitted from a 25% trade surplus

• His unpredictability led to diplomatic breakthroughs but also instability.

What was the War Powers Act 1973?

The War Powers Act limits the president’s ability to deploy U.S. forces into armed conflict without congressional approval. It requires the president to notify Congress within 48 hours of military action and mandates the withdrawal of forces within 60 days unless Congress authorises an extension or declares war.

Ways that presidents have bypassed the War Powers Act 1973 - kOSOVO Bombing CAMPAIGN

President Clinton continued military action in Kosovo beyond the 60-day limit set by the War Powers Resolution, arguing that Congress had implicitly authorised the operation through funding, despite the Resolution explicitly stating that funding does not constitute approval.

Ways that presidents have bypassed the War Powers Act 1973 - Libya Intervention 2011

President Obama did not seek Congressional approval for the military intervention in Libya, claiming that the US role was limited and had been transferred to NATO, despite the 60-day limit for military actions without Congressional consent under the War Powers Resolution.

Ways that presidents have bypassed the War Powers Act 1973 - Syrian Airstrike (2017)

President Trump launched missile strikes against Syria without seeking Congressional approval, potentially violating the War Powers Resolution, which requires consultation with Congress before engaging in military hostilities.

Ways that presidents have bypassed the War Powers Act 1973 - Use of AUMF for Endless Conflicts

Presidents have relied on the 2001 Authorization for Use of Military Force (AUMF) to justify military actions in various conflicts, such as in Syria and against Iran, despite arguments that the AUMF was not intended for prolonged, widespread military operations.

what are the factors that help a president achieve their aims? (5)

• United government

• clear focus

• the power of persuasion

• the ease of the aim

• reacting well to a crisis

what are the factors that stop a president achieve their aims? (5)

• Divided government

• lack of focus

• the failure to persuade

• the difficulty of the aim

• reacting poorly to a crisis

examples of a president with united govt

of presidents since 1992, George W Bush enjoyed the highest proportion of united govt

made it easier for him to persuade Congress to pass legislation and achieve his aims

examples of president with a clear focus + why is this important?

presidential legislation needs to be focused so that members of president’s party will definitely support it

e.g. ACA for obama and NCLB for Bush

examples of presidents using persuasion

• Obama was able to succeed in healthcare reform because he compromised on the more radical aspects to secure the support of conservative Democrats

• times of crisis can make it easier to persuade

  • e.g. Bush was able to pass the Patriot Act 2001 and Homeland Security Act 2002 in response to 9/11

  • Trump persuaded a divided Congress to pass the CARES Act 2020 in response to covid

examples of ease of aims helping the president with its aims

• Clinton’s foreign policy challenges were less complicated than those facing his successors

  • increasing representation and protecting civil rights were policies he could achieve using his presidential powers and required no congressional support.

examples of reacting well to a crisis helping the president with its aims

• Bush did react quickly and decisively to forge a ‘war on terror’ policy in response to 9/11 which still informs US domestic and foreign policy today.

• Obama responded quickly and effectively in dealing with the financial crisis that engulfed the world at the start of his presidency.

examples of divided govt stopping a president from achieving their aims

• f presidents since 1992, Clinton faced the highest proportion of divided government, which frustrated his attempts to pass major pieces of legislation.

examples of a lack of legislative focus stopping a president from achieving their aims

• Bush: failure of his social security reforms

• Clinton and Trump failed to turn their respective healthcare visions into legislation.

• Clinton failed even to persuade his party to take a vote on healthcare reform when the Democrats controlled both houses.

examples of failure of persuasion stopping a president from achieving their aims

Both Clinton and Trump were over-confident in thinking that healthcare reform could be achieved easily, underestimating the difficulty of the objective. Bush fell into a similar trap over social security reform and Obama underestimated Democratic opposition to immigration reform.

examples of the difficulty of the aim stopping the president from acheiving their aim

• The Obama administration faced significant challenges in both its management of the financial crisis and the passage of healthcare reform.

• Similarly, Trump’s promise to build a wall between Mexico and the USA was an extremely ambitious policy aim that would have required two terms to have any possible hope of success.

examples of president’s poor response to a crisis stopping them from achieving their aims

• The Bush administration did this in response to Hurricane Katrina in 2005.

• Trump also mismanaged his response to Covid-19, failing to react quickly enough to the danger or produce a clear national vision that the nation could unite around. This failure was an important factor in his inability to be elected for a second term.