Formal + Informal powers of the president

Where are the enumerated powers of the president found?

Article 2

11 enumerated powers

Name the powers of the president

1. Propose legislation

2. Submit the annual budget

3. Signing legislation

4. Veto legislation

5. Act as Chief Executive

6. Nominate executive branch officials

7. Act as Commander in Chief

8. Pardon

9. 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

• 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)

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