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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 and 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) and all federal judges
Trump as head of the Executive Branch
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
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, the Cabinet, EXOP and the President's own Powers of Persuasion
Powers of Persuasion
The informal power of the President to use the prestige of their job and other bargaining methods to get people to so as they wish e.g. Congress and legislation
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
Due to conflict, he 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 - Policy Advice
Consists of Executive Branch agencies that provide advice, help, co-ordination and administrative support
EXOP - Manage the President
Chief of Staff oversees the actions of the White House staff and manages the President's schedule, deciding who the President can meet and what policies to prioritise, they are often called the gatekeeper, the co-president or the lighting conductor
EXOP - Oversee Departments
Senior members are often charged with taking control of Cabinet and government departments to make sure they follow presidential priorities
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 with 500 employees, only EXOP office in which the head needs to be confirmed by the Senate, functions include to advisor the President on the allocation of funds for the annual budget and to 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 and Nominations of Sotomayor and Kagan
Obama's 1st term Foreign Policy
Afghanistan surge (2009), Russia Treaty (2010) and 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) and Zika virus gridlock (2016)
Obama's 2nd term Foreign Policy
NDAA veto threat and compromise/failure to close Guantanamo (2015), defence budget veto (2015), Syria-Assad (2013) and Islamic State strikes (2015), Iran Deal (2015), NDAA veto (2016) and Saudi Arabia right to sue legislation veto and overturn (2016)
Separation of powers as a limit on the President
The President and Congress receive separate mandates; the President has limited patronage power over individual members of Congress and there is a possibility of bipartisan control or divided government between President and 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
In 2010, the 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
Trump vs Congress
Struggled to pass the American Health Care Act through the House, withdrawing the bill in March due to lack of congressional support, after compromise it passed the House in May, even though he had a majority, it was still not easy to achieve legislative success, it 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
In 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
War Powers Act 1973
States that the President can only commit troops in what it decries as 'hostilities' 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
Imperilled and Imperial Presidency
JFK, Cuban Missile Crisis
How is the Cuban Missile Crisis an example of the Imperilled President?
Poorly planned Bay of Pigs invasion 1961 due to poor intelligence from security advisors, part of reason Castro asked the USSR for military aid in the first place
Conflicting advice once crisis began could have easily escalated the situation, had JFK followed them
How is the Cuban Missile Crisis an example of the Imperial President?
JFK was able to make an informed decision by listening to a range of advice, opting for a naval blockade after having made secret contact with the USSR
He also effectively deployed his resources by convening a special body called ExCom, where all options were discussed and the daily situation was monitored
