US Presidency - formal powers

  • Article 2 outlines all the powers of the President

  • R.e. the nature, their powers, responsibilities and impeachment

  • President’s have either formal or informal powers r.e. they are either listed in the constitution or they are not

Formal powers of the President

The formal powers of the President can always be split into two categories

  1. Domestic Policy

  2. Foreign Policy

Domestic Powers

Does the President have power over legislation?

Yes:

  • They have the power to sign bills and they will usually have some sort of celebration to mark such a momentous occasion as it doesn’t happen alot - intricacies of the legislation process - i.e. Biden Infrastructure and Investment Act 2021

  • Presidential veto - If a President objects to legislation they are able to use a veto - which completely blocks a bill being passed - Bush used this 12 times and Trump used this 10 times

    • But need to be very careful how they use this as a President who has his veto overturned looks very weak - Bush had 4/12 of his whereas Trump had only 1 and Biden had none

    • Yet the significance of this lies in how difficult it is to overturn a Presidential veto - needing a 2/3 majority and because of this it rarely happens

  • Executive orders - Biden 53 in first year

No :

  • State of Union address - this is where the President makes suggestions as to what Congress should focus their legislation on

  • However, how successful this address is usually depends heavily on PEEP factors

  • Biden - successful in request to back Ukraine ( probs going to happen anyway ) yet asked for gun control is still yet to be seen

  • Trump - Failed as calling repeal of Obamacare and budget which resulted in the longest shutdown in history

Judgement: I would argue that it is fair to say that the POTUS is significant as a barrier to entry for legislation however is weak regarding suggesting of legislation - relies heavily on PEEP

Does the President have significant power in the appointment process?

No:

  • Ultimately it is down to the Senate to scrutinise 1,200 of the 4000 Presidential appointments including significant ones such as the SCOTUS

  • This can be seen recently that Matt Gaez dropped out of appointment process for Trumps attorney general

  • This is because he would need Senate approval and due to history of SA scandals he knew this was unlikely

  • Because of this showing how the efficiency of Presidential scrutiny by Congress to forbid dictatorship and imperial Presidency works!

Yes:

  • However, 9/10 the President gets the appointments he wants as seen with Brett Kavanaugh

  • Not only this, but he has the power of recess appointments

  • Recess appointments give the president the power to appoint officials when Congress are unavailable due to recess

  • Clinton made 139 and Bush made 171 - which proves that Presidents do exploit their powers of recess appointments

  • However, Obama was challenged in 2012 with his recess appintment as it was declared as unconstitutional by the SCOTUS - But this is likley because he was at the end of his Presidency - PEEP

  • GARLAND!

Judgement : So long as peep the Presidents power to appoint is pretty significant - Trump even used it in 2020 as he was frustrated with the lack of Senate appointments - adjourn Congress - BOTH houses

To what extent does the President have executive power?

Alot:

  • This is due to executive orders

  • These are directions to the federal beauracracy telling them how a law should be created or amended or exist

  • For instance, Trump has singed over 250 executive orders in his first few weeks as President which essentially allows his to act imperially

  • I.e. 25% tarrif on aluminium and steel, banning paper straws, banning trans athletes in womens sports

  • President Biden signed 53 executive orders in his first year in office

  • Trump - sanctuary city lists

But partially limited:

  • Many Presidents try to use their executive powers to create law which is simply not within their powers to do so

  • Obama once said ‘I’ve got a pen, I’ve got a phone and I can use that to sign an executive order’

  • But this simply isn’t the case and executive orders are NOT binding, they can be over turned by a congressional law or SCOTUS ruling or a new exceutive order

  • I.e. Trump overturned federal subsidies for Obama care

Judgement: Nonethless the hyper partisan nature of Congress resulting in legislative gridlock the use of executive orders can be a useful presidential tool

Grant repreives and pardons:

  • The President has the right to pardon criminals

  • The only thing that can’t be pardoned is impeachment

  • Or communications which can be used to reduce the sentence for criminals

  • We’be seen pardons with Bidens son !

  • Obama also pardoned 330 people in his last day in offcie

  • Communication of Chelsea Manning - leaked documents of the reality of war

Judgement: The evidence of presidential powers in such controversial cases such as with Chelsea Manning as well as Biden’s son does prove some sort of Imperial Presidency

Foreign Powers

It is usually stated that the President is stronger away than at home !

Does the President have control over the army?

Yes:

  • As Head of State constitutionally the President has full control over the army

  • However, only Congress can decide to take the US army to war

  • In times of interntational crisis the President defiintely gets more control as Head of State - this can be seen with Obama Nuclear Deal with Iran in 2015

No:

  • Congress has tried to increase their powers over the military by the War Powers Act 1973

  • BUT was seen as unconstitutional by most Presidents and just signed

  • As well as this, the President is reliant on Congress for funding ! As seen with Trumps wall

Judgement: Technically the President is Head of State but scrutiny is reduced in times of national crisis

To what extent does the President have executive powers over foreign affairs?

Alot:

  • The President along with support from the Senate has the right to sign treaties with other countries - i.e. New START 2010

  • But if they can’t get this support then they have the right to sign a executive agreement

  • I.e. Iran Nuclear deal and the Paris Agreement

Not too much:

  • However, just like executive orders they are not binding and often require an extent of congressional support to ensure they are doable - i.e. power of the purse

  • But can be seen that Trump got rid of Obama’s executive agreement to be in the Paris Agreement yet Biden re-entered in 20201

Evaluate the view that US foreign policy is dominated as much by Congress as by the presidency.

A - It could be argued that Congress has the same power as the President in foreign affairs due to their willingness to exert checks on Preisdential treaties

B - This can be seen in the 2015 Iran Nuclear Deal where the House of Rep held 14 hearings regarding the treaty - heavily scrutinised

  • Also need Senate approval for ratification of treaties

C - However, the President simply overcame this with a simple executive agreement

  • This gives the POTUS ultimate imperial power over foriegn affairs

  • Paris Agreement which Trump removed but then Biden put back in place

  • Which does show the superficial nature of the agreements but they work in order to avoid Senate scrutiny

D - Therefore, congressional scrutiny is completely undermined by the Presidential use of an executive agreement

A - However, it could be argued that Congress has influence over foreign policy due to the Senates power of the purse or else their may be a shut down

  • Trump 35 days

B - In 2014, President Obama sought congressional approval and funding for military intervention against ISIS in Iraq and Syria. Congress, wary of another Middle East military involvement, approved funds but imposed conditions, showcasing how the president's foreign policy initiatives are intricately tied to Congress's willingness to allocate resources. The power of the purse becomes a critical tool through which Congress can exert influence and checks on the president's foreign policy decisions.

C - However, it is far stronger that in times of national/global crisis - Congress decreases its scrutiny significantly and allows the President to act imperially

  • Russia and Ukraine 2022 - Biden visted Poland, announced in SoU address and NATO meetings

  • Obama - assassination of Bin Ladin without consulting congress faced NO scrutiny

Bush ratings after 9/11 went through roof which allowed him to tighten immigration policy

D - Depends on PEEP whether Congress will allow funding

A - Presidential power in foreign policy can be limited by other factors such as public opinion, which Congress is very responsive to

B - This is particularly true in an election year when media coverage can make or break a candidate’s electoral chances and so presidents cannot rely on support for their foreign policy in Congress, especially it is perceived as weak or controversial by the public or the media

  • This can be seen with Bidens intervention but also peace in the Ukraine and Russia warfare as well as Israel and Gaza

C - However, as head of state the US represents the entire of the US at international orgnaisations - where he can then help shape FP

  • G20 Summit Obama tried to get other world leaders to support his proposed action in Syria

  • Trump had recent meetings with both the UK and Ukraine regarding foreign policy and national aid

  • Trump issuing am executive order to freeze aid going too Ukraine