American Government Midterm: Presidency 10/22

Executive Branch Overview

  • Professor Kayla Wolf leads the discussion on the Executive Branch.

Course Logistics

  • Office Hours:

    • Date: Friday 10-11:30 AM

    • Access link: Provided on Canvas

  • Assessments:

    • Project due (details not specified)

    • Final Exam Schedule:

    • 1:35 PM Class: Wednesday, December 10, from 8:00-10:00 AM

    • 4:35 PM Class: Tuesday, December 9, from 1:00-3:00 PM

Historical Context of the U.S. Presidents

  • Total Presidents in the U.S.:

    • 47 (approximate count) **

Presidential Timeline**

  • Presidents during the indicated years:

    1. George H.W. Bush (1988-1992)

    2. Bill Clinton (1992-2000)

    3. George W. Bush (2000-2008)

    4. Barack Obama (2008-2016)

    5. Donald Trump (2016-2020)

    6. Joe Biden (2020-2024)

Current Political Landscape

  • Joe Biden’s Administration (2022-2024):

    • Features a Democratic President, Republican House of Representatives, and Democratic Senate (divided government).

  • Governing Dynamics:

    • Easier to pass legislation under unified government compared to divided government.

Understanding Government Structure

  • Definitions:

    • Unified Government:

    • Both chambers of Congress (House and Senate) and the President belong to the same political party.

    • Divided Government:

    • Different parties control the two chambers of Congress and the presidency.

Current Presidency**

  • Donald Trump Administration (Current):

    • Noted as a unified government due to alignment with Republican representation in Congress.

  • Future Considerations:

    • Potential changes in the balance of power may occur with the midterm elections in 2026.

Presidential Powers and Executive Orders

  • Mechanism for Accomplishing Goals:

    • Utilize executive orders to implement policies.

  • Definition:

    • Executive Order: "A presidential directive to an executive agency establishing new policies or indicating how an existing policy is to be carried out."

Limitations of Executive Orders

  • Scope and Impact:

    • They are not laws and therefore are limited in scope.

    • Example: DACA memorandum indicates that only Congress can provide pathways to citizenship, not the President.

    • Lack of Permanence:

    • Example: President Bush's executive order against stem cell research was rescinded by Obama.

    • Judicial Review:

    • Federal courts have the authority to rule against executive orders (illustrating checks and balances).

Examination of Recent Presidential Actions

  • Barack Obama (2014-2016):

    • Issued many executive orders due to divided government constraints.

    • Policies:

      • Extended overtime pay for salaried workers.

      • Prohibited discrimination against federal contractors based on sexual orientation.

      • Extended DACA protections to family members (later struck down by SCOTUS).

  • Donald Trump (2017-2021):

    • Promoted several executive orders early in his presidency due to a unified government.

    • Policies:

      • Instituted travel bans from specific countries.

      • Authorized construction of the XL gas pipeline.

      • Withheld federal grants from entities not complying with immigration enforcement.

Current Affairs: Executive Orders in 2025

  • Investigative snapshot on the executive orders introduced under Trump in 2025, including checks by federal courts against his 'buyout' plans for federal employees.

  • Involvement of the judiciary in halting certain executive actions about immigration and citizenship.

Issues of Military Action and War Declarations

  • War Declaration Context:

    • Last formal declaration of war took place in WWII against Bulgaria, Hungary, and Romania.

    • Congressional authority traditionally governs war declarations, although presidents have historically bypassed this.

  • Precedent of Presidential Action:

    • Established during the Korean War, where presidents initiate military actions pending later Congressional approval.

War Powers Act (1973)

  • Key Components:

    • Requires the President to inform Congress within 48 hours of committing troops abroad.

    • Limits any military action to 60 days without Congressional approval for extension.

    • Passed in response to the Vietnam War context.

  • Presidential Reaction:

    • Historical instances of both Republican and Democratic presidents committing military resources without prior Congressional consent - questioning the efficacy of the Act.

Historical Examples of Military Engagements without Congressional Approval

  • Key Incidents:

    • Ronald Reagan's invasion of Grenada (1983)

    • George H.W. Bush's deployment of troops to Somalia (1992)

    • Bill Clinton's NATO action in Yugoslavia (1999)

    • Barack Obama's intervention in Libya (2011)

    • Donald Trump's support for Kurdish forces in Syria (2017).

Electoral Processes and Outcomes

  • Electoral College System:

    • Mechanism for presidential elections; citizens vote for electors, not directly for the president.

    • Each state has a determined number of electors; 270 electoral votes are needed to win.

Tiebreaker Scenarios**

  • Occurs if no candidate secures 270 electoral college votes.

    • Determination of the President occurs through the House of Representatives, with each delegation casting one vote (majority of states wins).

    • Elections for Vice President decided by the Senate, where each senator votes (majority required = 51).

Historical Instances of Mismatch between Popular and Electoral Votes

  • This circumstance has occurred five times in U.S. history:

    1. John Quincy Adams (1824): Elected through House intervention.

    2. Rutherford B. Hayes (1876): Resulted from contentious negotiations.

    3. Benjamin Harrison (1888): Won the electoral vote but lost popular.

    4. George W. Bush (2000): Contested election with Al Gore, who had more popular votes.

    5. Hillary Clinton (2016): Received 2.8 million more votes but lost the presidency.

Impeachment Process and Definitions

  • Impeachment Definition:

    • The Constitution defines impeachment as the removal of the President, Vice President, and all Civil Officers for specified crimes including Treason, Bribery, and other high Crimes and Misdemeanors.

  • Impeachment Authority:

    • The House of Representatives holds the power to impeach, which acts as a formal finding of guilt.

    • Following impeachment, the President faces trial in the Senate, presided over by the Chief Justice of SCOTUS.

    • A 2/3 majority in the Senate is needed for conviction and removal from office.

Historical Impeachment Instances**

  • Andrew Johnson (1868):

    • Impeached for violating the Tenure of Office Act.

    • Successfully impeached in the House but not removed from office following the Senate trial.

  • Bill Clinton (1998):

    • Impeached for perjury and obstruction of justice concerning his extramarital affair.

    • Acquitted in the Senate.

  • Donald Trump:

    • First president to be impeached twice.

    • 2019: Impeached for abuse of power and obstruction of Congress (related to Ukraine) but acquitted in Senate.

    • 2021: Impeached for incitement of insurrection related to the Capitol riots, again acquitted in the Senate.

Second Impeachment Trial Context

  • Notably, 7 Republican Senators voted guilty during Trump's second impeachment trial, with only one being up for reelection.