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Overall 'Power to Persuade'-
Ultimately whether or not Presidential power is the power to persuade depends on the extent to which the President's power is shared with Congress or if they have unilateral power- YES Presidential power is the power to persuade
Main Three Points/Topics:
Foreign Policy, Law/Policy, Appointments
The President's power IS to persuade: Foreign Policy
Congress has the power to declare war, power of the purse and ratifies treaties. E.g 1974 Foreign Assistance Act cut off funding for the Vietnam War and the 2012 UN Disability Rights Treaty was rejected by the Senate
The President's power IS NOT to persuade: Foreign Policy
The President is commander in chief of the army and can make executive agreements. E.g Obama Libya 2011 and Iran Deal. EVAL- Senate implicitly consents through funding
The President's power IS to persuade: Law/Policy
Congress is officially the law making branch, for impactful long lasting laws there has to be persuasion. E.g Affordable Care Act 2009 and Biden's 2022 Inflation Reduction Act
The President's power IS NOT to persuade: Law/Policy
President as executive orders. E.g Obama DACA, Trump Muslim Flight Ban. EVAL- Biden easily repeals Trump flight ban, shows exec orders are weak
The President's power IS to persuade: Appointments
Senate confirms appointments. E.g Republicans refuse to vote on Garland and Bush's nomination of Bork is rejected
The President's power IS NOT to persuade: Appointments
President can make recess appointments. E.g Bush makes 171 and Obama 32. EVAL- NLRB v Canning 2014