The presidency

How is the White House organised?

-'Spokes in a wheel'. The president acts as the hub, and the advisers and cabinet officials are the spokes. The president is available to a relatively wide range of advisers; most have permission to see the president. This typified the Clinton presidency, allowing him to take a hands-on approach and have greater control over policy. However, this made it difficult for Clinton to delegate details and focus on the bigger picture. Ultimately, this model can be less efficient. -Pyramid system. A hierarchical system, with the president at the top. Only a few key advisers have direct access to the president; the chief of staff acts as the ultimate 'gatekeeper'. Most presidents adopt this model, including Obama and Bush. Obama was sometimes accused of needing to understand too much policy detail, but he relied on an inner circle of advisers, mainly from the EXOP but also including the vice president and a few key cabinet members.

The role as head of government

-'The Executive Power shall be vested in a President of the United States of America' -Article II, section 1 of the Constitution. -The president has absolute control over the executive branch. As the ultimate decision-maker, the president is able to use the executive branch to develop their political goals and use a complex network of departments and agencies to take control of policy-making and put policy into practice. -Under their direction are the Cabinet and each of the 15 cabinet departments. -The president can also utilise the Executive Office of the president (EXOP). Created in 1939, it originally contained two offices but has since grown in size and scope to assist the president in decision-making.

National Events-9/11

-9/11 attacks had a profound effect on US politics. Bush's power surged dramatically after the event, as unity or public support of the president increased. -Nature of attacks and rise in patriotism meant a spirit of unity dampened any Democrat opposition to the president. -Bush was able to exert huge power over both domestic politics and foreign policy. Had a knock-on effect of allowing the Republicans to win both chambers in the 2002 midterms.

Executive orders

-A directive issued to officers of the executive branch, requiring them to take or stop taking an action, alter policy, change management practices, or accept a delegation of authority. -Informal in history. -Process today. -Published in Federal Register, numbered. -Legal Authority.

Presidential popularity

-A well-supported president is likely to receive less resistance from Congress than an unpopular one. -Presidential popularity and/ or the popularity of their key policies often decline over the term if a presidency. Where this is the case it makes it more difficult or a president to persuade Congress to support their measures.

Has the War Powers Act been successful?

-Act has been largely unsuccessful in preventing presidential action. Presidents have asserted it has no constitutional authority and restricts the president's constitutional duties. -Some have argued that the act itself means that Congress has ceded ground to the president compared to the intentions of the Founding Fathers, allowing the president 60 days to complete short-term military action without need to consult Congress. -Have also been cases where presidents and their lawyers have stated that the War Powers Act does not apply. Obama denied that Libya actions could be limited by the act. The White House sent a 38-page letter to Congress explaining why the Libya actions did not cover the sort of 'hostilities' stated in the act, stating: 'US operations do not involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve US ground troops'.

The War Powers Act 1973

-Act stated the president can only commit troops in what is described 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 of the start of hostilities if Congress has not voted to approve military action. -Led to Clinton being forced to withdraw troops from Somalia (in a military intervention initiated by George H.W Bush to prevent genocide in a civil war.) Congressional pressure from both parties led to an end in involvement in 1994.

Agenda-setting- the president's position as head of state and head of government

-Agenda- setting is very important. It allows the president to act as the driving force of US politics. -This is re-enforced by the President's position as both head of state and head of government. -It is this aspect of power and decision-making that led to the description of the president as 'Chief Legislator'- the dominant force in the legislative process. The president can dominate the agenda of US politics and can further influence legislation through veto power, signing a bill, speaking directly to Congress and meeting with individual members of the legislative body. -The growth of the EXOP has helped the president have high levels of authority, with access to arguably superior sources of information and advice. This has helped modern presidents become the dominant force in the legislative process.

The Imperial Presidency

-An imperial presidency is one in which the president stretches the Constitution in the exercise of constitutional roles, such as chief executive and commander in chief, and may ignore the wishes of Congress. -Used by Arthur Schlesinger Jr in 1073 in relation to Nixon. He suggests a failure of constitutional restriction to restrain the presidency. -Successive presidents have acquired powers that go beyond the intended checks imposed but the Founding Fathers, or such regulations ail to operate. The president can evade constitutional regulations, using a 'toolkit' of methods to exert huge power.

The role and power of the president in foreign policy

-Arguably an exceptional area in which the president can dominate, evading constitutional limitations. -Developed in the 'dual presidency' theory but forward by Wildavsky during the Cold War. He analyses presidential power by considering that the president has two major concerns: domestic and foreign policy. -He argues the president prefers to focus on foreign policy because the US system gives them greater con troll in this area. -Leads to the idea there are effectively two presidents: a foreign policy president who is powerful, with a strong ability to achieve their policy goals, and a domestic policy president who is severely constrained.

Appointments

-As the head of the executive the president makes approximately 3000 appointments to federal posts. They all 'serve at the president's pleasure'. -They include: o Nearly 500 cabinet and sub-cabinet posts, subject to Senate confirmation. o 2500 additional appointees, mainly within the EXOP. -Posts requiring Senate approval: o Cabinet and junior Cabinet posts. o Ambassadors. o Agency heads, including the Environmental Protection Agency (EPA), Federal Emergency Management Agency (FEMA), Central Intelligence Agency (CIA), Federal Bureau of Investigation). o Members of regulatory commissions, for example, Federal Communications Commissions (FCC), Federal Energy Regulatory Commission (FERC), Securities Exchange Commission (SEC). o All federal judges (supreme, federal district and circuit courts). -The president can use the executive branch to determine government policy, as well as using it to influence the rest of the political system, particularly in relation to Congress.

The president has limited patronage power over individual members of Congress

-Because the two branches are kept separate, the president does not work alongside a team within Congress, so cannot regularly promote or demote them. -Unlike a British PM, the president will typically choose a Cabinet that last for the full 4-year term. -If a congressional member of their own party will not support presidential policy requests, there is little a president can do.

The president and Congress receive separate mandates

-Both branches feel that they have the right to govern, which means Congress is likely to be an active legislative branch, unwilling to simply respond to presidential demands. -Indeed, Congress can often claim a stringer mandate, as House elections renew its mandate every two years. Congresspersons and Senators tend to vote according to their constituent's views, rather than the wishes of the president. -They will be reluctant to toe the party line in the fact of hostile constituency views.

Practical- Presidential advantages

-Changes in practical considerations have led to a huge surge in the president's control of military policy in recent years. Changes in technology have fundamentally altered the power relationship between the president and Congress. -As war has become faster and more deadly, the public and Congress have put more faith in presidential decision-making. -Nuclear weapons, fighter jets, drone strikes, satellites and computer technology all require decisions to be made at greater speed, secrecy and expertise. The office of the president is far more suited to these requirements than Congress. -The rise of the EXOP, and especially the NSC gives the president a key advantage: the president holds critical information that is classified. Congress is often in a position where it has to trust the president. -Can be seen with the Iraq War in 2003, in which Bush sought congressional approval while telling them of the imminent dangers of Saddam Hussein's sue of 'weapons of mass destruction'. Many members of Congress, including Hillary Clinton, were extremely sceptical of the case for war, but still voted for it.

The role as head of state

-Chief public representative of a country. -President has diplomatic and ceremonial duties, such as receiving visiting dignitaries and other heads of state or travelling to other countries to represent the US. -President is often a focus-point in times of national crisis, and it is common for the president to make speeches or visits in relation to natural disasters.

Constitutional- Congress

-Congress also has funding powers. By refusing to fund or even defunding, Congress could prevent action abroad. When Clinton took executive action in Bosnia despite protects from Congress, the House voted to withdraw funding fir the conflict in 1995, a measure only narrowly defeated. -Senate has the power to ratify treaties, which can restrict presidential goals. In 1999 the Senate easily defeated the Comprehensive Test Ban Treaty on nuclear weapons, with Clinton failing to get 2/3 majority needed. A UN disability rights treaty was also rejected by the Senate in 2012, despite Obama signing the treaty in 2009.

Political- Presidential limits

-Congress may feel it has a legitimate right to determine US foreign policy on behalf of US citizens. -Congress has a collective national mandate but, more importantly, the separation of powers encourages individual members of Congress to respond to constituency views. -If the public opposes presidential foreign policy goals, members of Congress are likely to challenge them. -Can be seen in Democrats attempts to end the Iraq War after the mid-term elections of 2006, in which Nancy Pelosi and Harry Reid created legislation that gave a timeline for troop withdrawal. Congress can and will challenge presidential policy and this is particularly likely in cases of divided government.

Constitutional- Presidential limits

-Constitution gives Congress the power to declare war- so there is an apparent constitutional ambiguity, which has led to major constitutional dispute over who has the right to initiate military action- president or Congress? -In practice, presidents have committed military action without a Congressional vote. -However, there are instances where presidents have deferred to congressional authority by putting proposed attacks to a vote to both legislative chambers- was the case with the Iraq War in 2003.

Practical- Presidential limits

-Depends on type of foreign policy- [resident cannot claim need for speed and secrecy in all cases. Attacks on Libya, Syria, Bosnia or Somalia could be placed in this category, where it is arguably acceptable to consult Congress. -Nor do these advantages apply to other aspects of foreign policy, such as treaty-making and trade deals. -Congress has its own expertise in foreign affairs, which helps it to question the authority of the president. The US Senate Committee in Foreign Relations has included many Senators with huge experience of foreign policy, such as Joe Biden and John Kerry, who arguably had greater knowledge than the presidents they were checking. -Closed sessions of Congress also allow congressional committees to receive sensitive information in which they can challenge executive action. Committees such as the House Intelligence Committee often have closed sessions.

Does the Constitution give the president formal powers? Can they assert authority?

-Does not give the president any formal powers but does allow them to exert authority. -Respect that comes with this role allows them to be seen as a national leader, with the opportunity to direct US policy in both national and international affairs. -Rise of national media, particularly TV has allowed the president to deliver a US-wide message and exert greater influence over both public opinion and Congress. Has helped give the president a national mandate

Policy Advice

-EXOP consists of presidential agencies that provide advice, help, co-ordinate and administrative support. -For example, the OMB advises the president on mainly budgetary issues, while the NSC helps the president consider national security and foreign policy matters.

The National Security Council (NSC)

-Established in 1947 at the beginning of the Cold War as the principal body advising the president on national security and foreign policy issues. -The president gets a daily briefing from the NSC and consults the national security adviser (NSA) over major security issues. -The NSA's role potentially puts them into conflict or rivalry with the secretary of state, who will not normally have such regular contact with the president. -NSC and the NSA are incredibly important roles, as they help shape the president's thinking on major issues. -The president can bypass or ignore them.

National Events

-Events such as natural disasters, economic crises and terrorist attacks play a significant role on presidential power, directly or indirectly. Can reduce time president spends on their policy agenda and has an impact on public opinion. -Obama's trouble with healthcare reform, the 2008 banking crisis and economic collapse meant that Obama had to prioritise an economic stimulus package, steering this through Congress before his initial agenda.

National Security Directives

-Formal declaration to an agency or department head of a presidential national security decision, requiring follow-up. -Designed at the National Security Council. -Not published. -Mostly classified. -Problems with small group dynamics, Congress' exclusion.

Relationship between the presidency and Congress

-Founding fathers used the separation of powers and checks and balances to ensure that power was shared between the two branches. -In practice this was to prevent the executive branch dominating in the way it can do in parliamentary systems. All of this suggests power is balanced.

The president, foreign policy and the armed forces

-Have also been entrusted with other critical roles, particularly relating to foreign policy. -The president is known as the chief diplomat responsible for relations with other countries, as well as for nominating ambassadors and diplomats. -The Constitution also makes the president the commander in chief of the armed forces. This clearly gives the president the power to direct the military in times of war. -Lack of clarity in the Constitution, however, as Congress is given the power to declare war. Has led to conflict over who had the right to initiate military action. -Obama created controversy over extensive bombing in Libya, leading to the downfall of the Gaddafi regime without any Congressional approval.

The role as head of state example- George Bush

-In the aftermath of 9/11, Bush was seen as a symbol of American resolve and pride, taking a strong, tough stance. -However, Bush was heavily criticised for not personally visiting areas hit by Hurricane Katrina in 2005, providing evidence of the importance of the symbolic role.

White House Office

-Includes the president's closest aides and advisers. Senior EXOP staff have the title 'assistant to the president'. -The head of the White House Office, the chief of staff, is usually the president's most important adviser, as they have an overview of all EXOP offices. They are the connection between presidential advisers, cabinet officers and the president. -Chief of staff must be flexible, open-minded and an 'honest broker'- someone who allows people with a variety of different perspectives and ideas to gain access to the president.

The Cabinet

-Includes the vice president, the heads of 15 executive departments, cabinet-level officials such as the chief of staff and the head of the Office of Management and Budget. -Individual members of cabinet can act as key policy advisors as senior positions such as secretaries of state and Treasury often having a major impact on policy. -As a collective group the Cabinet has very limited power, its main influence lies with key individuals. -John Kerry as secretary of state took a central role in developing foreign policy alongside the president. -He worked on the Israeli-Palestine peace accords, having visited 11 times in just over a year between 2013/2014, as well as taking a key role on approaches to Syria.

There is a possibility of bipartisan control or divided government between president and Congress

-It is common for the president to be controlled by one party, while at least one chamber of Congress is controlled by the other. -The separation of powers creates the likelihood of conflicting agendas, where compromise is inevitable if either side is to achieve their policy goals.

Executive orders

-Legal order without a vote in Congress, the use it to direct the executive branch into carrying out policies. -Many are traced directly to an Act of Congress. -In theory it is a legitimate tool under the Constitution. -Obama issued an executive order to create the White House Council on Native American Affairs- authority to issue such orders is a powerful tool. -Unilateral presidential action such as this dates back to the formative years of the modern presidency with the New Deal in the 1930s. Can be argued that the scope of these has changed. -If issuing an order is seen as identical to making a new policy or law, then constitutionally Congress could have the right to vote on the proposal.

Bush presidency's policy aims

-Major tax cuts: Bush successfully steered his budget plans through Congress, although it required Vice president Cheney's vote to overcome a Senate tie. This led to major reductions in tax, mainly for the wealthy. -Commitment to public education: Bush successfully passed the No Child Left Behind Act, imposing federal standards of education on states. This was criticised by some Republicans as evidence of Bush's lack of conservative credentials, as he increased federal intervention in state policy. -Social security reform: Bush attempted to reform social insurance for the elderly, describing the existing system as 'heading for bankruptcy'. His plans, including the idea of privatising this provision, were controversial among Democrats and Republicans and failed to make progress in Congress. -9/11 and the 'war on terror': 9/11 is the defining moment of the Bush presidency, helping him to increase his power hugely and set a 'war on terror agenda'. This led to the easy passage of voters to begin the Iraq war, create the homeland Security Department and introduce the Patriot Act, which led to an increase in security powers, including mass surveillance of internet/ phone communications. Also led to an executive order to create Guantanamo Bay detention Centre. Also helped him increase Republican seats in Congress. The war on terror moved Bush away from fiscal conservatism with a huge increase in federal expenditure.

The election cycle and divided government

-Mid-term elections: Congressional elections in the middle of a president's term typically bring defeat to the president's party, which may lose seats and even their overall majority in one or both chambers of Congress. As a result, presidents often experience a decline in power, mid-way through their term. The presidential party of Clinton, Bush and Obama all lost its overall majority in Congress during a mid-term election. -Lame duck presidency: With presidents being elected in November but not replacing the incumbent president until January, the president in office finds it difficult to achieve policy goals. Politicians and the public often focus on the new president and their policy agenda.

Events

-Natural disasters, acts of terrorism, war and economic crisis have all affected presidential power. Different events have different effects and can be positive or negative for presidential power. -President Bush experienced a huge increase in his power after 9/11. -On the other hand, the Iraq war and the failure to find 'weapons of mass destruction' that formed the basis for going to war increasingly led to reductions in the power of President Bush, with increased resistance from Congress and the public.

Limitations to power over agenda-setting and shaping legislation

-Not all-powerful in setting the political agenda- Congress is the sole legislative body with a mandate of its own, so it can set a national agenda. -It is increasingly common for Congress, under the direction of a powerful House speaker, to develop a set of policy priorities of its own. -This is particularly the case when the opposing party to the president wins a mid-term election. -Once legislation is underway, Congress can shape legislation in a way that a president cannot. Congress amends legislation put before it and can alter presidential proposals- even adding major aspects that the president does not support. The president has no such luxury. -If presidents are to see their own legislation pass, they must accept such legislative compromises.

When has Obama used Executive orders?

-Obama has used executive orders to protect the rights of illegal immigrants and their families in November 2014- provides support and relief for almost 5 million people. -Republicans threatened to shut down the government because of this and argue this is him overstepping his power. -Obama also used executive orders to tighten up gun control after Congress failed to pass legislation after the Sandy Hook massacre.

Roles of EXOP

-Policy advice. -Manage the president. -Oversee departments. -Relations with Congress. -Specialist functions.

Trump and the NSC

-President Trump was heavily criticised for the politicisation of this office by including Steve Bannon as a senior counsellor in the NSC, eventually removing him from this sensitive security position. -As a national security body, the Council is supposed to provide advice to the president based on its intelligence, and the inclusion of Bannon may distort this advice.

Executive Office of the president (EXOP)

-President's closest advisers are usually found in the EXOP- general term for the presidential agencies and staff that provide advice and administrative support. -Now comprises of more than 1800 people. -Commonly referred to as the 'West Wing' of the White House, but it is actually housed in more than a dozen offices in the West and East Wings and the Eisenhower building.

Constitutional- Presidential advantages

-Presidential advantages: Constitution gives significant foreign policy powers allowing them to dominate. In particular, the commander in chief role gives the president huge constitutional authority over military policy- have used this to initiate military action without congressional vote. Can be seen in Obama's actions in Libya in 2011 as well as strikes in Iraq and Syria in the fight against IS. -Position as head of state and chief diplomat allows them, rather than Congress, to conduct foreign relations with other countries. International co-operation and formal agreements with other states in the form of treaties are all in the hands of the president. Obama worked with countries such as Iran, China and Cuba without congressional leaders. -Presidents can use executive agreements to bypass constitutional restrictions. The president can ignore the requirement for Senate ratification of treaties. Presidents are, therefore, in powerful positions to achieve foreign policy goals.

Political- Presidential advantages

-Presidential advantages: President, with a national mandate is arguably best placed to make decisions for the whole of the US. -Presidency has more authority than individual members of Congress which means citizens tend to look to the president, not Congress, for foreign policy initiatives. -Congress is, therefore, arguably a more passive institution in this area and at times defers to the president. Might be seen in Speaker John Boehner's response to Obama's campaign to overthrow Libyan leader Muammar Gaddafi in 2011.

Powers of persuasion including the nature/ characteristics of each president

-Presidential personality and leadership skills are incredibly important for presidential success. Have to draw on powers of persuasion to achieve policy goals. -Presidents can use their position to attract media and congressional attention. -Position as head of state and head of executive branch gives high degree of authority, allowing them to be persuasive. -Different presidents have different natures or characteristics that influence their approach. -President Trump's aggressive approach can be contrasted with the more conciliatory style of Obama.

Presidential memoranda

-Pronouncement directed to executive branch officials. -No publication in Federal Register. -Below the radar of MCs and media.

Clinton presidency's policy aims

-Reducing budget deficit: This could be seen as a major success of the Clinton presidency, given that deficits have occurred in virtually every year since 1945. Others would see this as a success of Republican-led Congress in which Speaker Newt Gingrich helped cause budget shutdown as part of the battle to reduce government expenditure. -Healthcare reforms: This bill was similar to the one passed under Obama, with Clinton failing to get his priorities passed despite a clear mandate for the policy when he was elected in 1992 and a Democratic majority in both chambers of Congress. -Greater gun control: Clinton supported this during the 1992 election campaign and supported the Brady Bill which he signed, creating background checks and waiting period for gun purchases. -Greater protection for civil rights: Clinton advocated an end of the ban on lesbian and gay soldiers in the military during 992 campaign. Facing string opposition from military as well as some Republicans, he passed Don't ask, don't tell, which effectively ended the ban. Was criticised by progressive Democrats and gay rights groups because it was not an absolute end to the ban but a requirement that military officers did not investigate someone's sexuality. -Foreign policy: He emphasised a stronger moral dimension to foreign policy, arguing for US involvement in Bosnia, Rwanda and Somalia to prevent civil war and genocide. Clinton struggled to achieve these aims and had to issue an executive order to launch airstrikes in Bosnia after congressional opposition. Congress also forced him to withdraw troops from Somalia.

Oversee departments

-Some EXOP offices oversee different departments of state and agencies. -Senior members of the EXOP are often charged with taking control of Cabinet and government departments to make sure they follow presidential priorities. -Most obviously the OMB reviews the spending of all federal departments and agencies, and the director of national intelligence oversees the work of the intelligence agencies, such as the CIA And FBI.

Obama and Chiefs of staff

-Some chiefs of staff have struggles to play a major or effective role. Bill Daley was seen as a failure as Obama's chief of staff. -He struggled to gain command and respect of the West Wing, perhaps as a result of his hands- off style. He was criticised for giving too much ground to Republicans in budget negotiations. -Denis McDonough prioritized improving Obama's relationships with the Cabinet. -He acted as a firefighter, dealing directly with the press in public-relations exercises, and he acted as a close confidante when Obama decided not to attack the Assad regime in Syria.

The electoral mandate

-Some presidents are elected on a strong wave of support in which they outline a clear policy vision. -Most presidents achieve key policy goals in first 2 years of their presidency- mandate is stronger. Success rates fall as term progresses- move further from original mandate. -The nature of partisan control is arguably more important source of presidential power than their public mandate. -Armed with a majority in Congress, a president is likely to be able to overcome limits to the mandate.

Specialist function

-Some presidents have created offices with a specific mandate related to their special interest. -For example, Obama sponsored the Office of Faith-based and Neighbourhood Partnerships to work with community groups to end poverty, support women and children, and encourage fathers to remain in the home.

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 develop strategies to advance the president's legislative initiatives. -Recent presidents have made use of their vice presidents, who assume some of the responsibilities of the president or EXOP.

Presidential proclamations

-States a condition, declares law and requires obedience, or recognises an event. (Also pardons) -Binding on the public. -Published in the Federal register.

Does the Cabinet have Constitutional status? Who are often the most influential figures towards the president?

-The Cabinet has no Constitutional status that would allow it to control policy and it cannot claim any kind of national mandate with a right to govern. -The president thus has a final say on executive policy, and presidents can side-line individual members and get policy advice from elsewhere. -Often, advisers from EXOP who are closest to the president are the most influential figures. -Much depends on the individual president who can determine who to work with most closely.

Office of Management and Budget

-The OMB is the largest office with 500 employees. It is the only EXOP office in which the head needs to be confirmed by the Senate. -It has two main functions: o To advise the president on the allocation of funds for the annual budget. o To oversee spending in all federal departments and agencies. -It makes macro-economic decisions that affect the future development of the US economy and prepares the annual budget- a huge and complex document that enables the president to fund policy priorities. -In 2015, the budget amounted to almost $4 trillion.

Manage the president

-The chief of staff oversees the actions of the White House and manages the president's schedule, deciding who the president can meet and what policies to prioritise.

Informal sources of presidential power and their use

-The electoral mandate. -Executive orders. -National Events. -The Cabinet. -Powers of persuasion including the nature/ characteristics of each president. -Executive Office of the President. -National Security Council. -Office of Management and Budget. -White House Office.

Significance of appointments to the Supreme Court

-The extent to which this gives power to an individual president is arguably very limited, however. -Most presidential appointments make little or no difference to the overall ideological balance of the Court. This is partly because justices choose when to retire and typically do so when they are ideologically aligned with the current president. -Hard to see appointments as a significant limit on the Supreme Court. Presidents may influence the composition, but they have virtually no influence over any one of the nine justices that make a decision, including the ones they have appointed. -Also, most presidents only make one or two appointments, with limited overall impact on their presidency.

Limits to the use of executive orders

-The 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. While the vast majority of executive orders remain intact, some are blocked. -There can be strong public and Congressional outcry- and presidents have to be mindful of their popularity if they are to maintain power. Excessive use of executive orders may actually undermine a president's ability to make a deal with Congress.

Agenda-setting and shaping legislation- the president's mandate

-The president is in a stronger position that Congress to claim a national mandate to set the national policy agenda This has become increasingly the case as radio and tv have strengthened presidents' agenda. -In 2016, Trump ran a national campaign, selling his ideas to the country based on his political agenda, including the repeal of the ACA, immigration reform and infrastructure expenditure. -The mandate received made it easier for Trump to ensure that Congress debated his political priorities in 2017 and beyond.

Impoundment

-The president refuses to spend funds appropriated by Congress. -Congress has restricted his practice (1974,1987) -They can only defer spending if: o A "special contingency". o To achieve saving through more efficient operations. o The president can only propose to permanently rescind funds, but Congress must approve in 45 days.

Relationship between the presidency and the Supreme Court

-The president's only formal power over the Supreme Court is with nominations at the time of vacancy. This gives the president influence over the ideological balance of the court. -A major tipping in the overall ideological balance of the Court occurred with the appointment in 1991 of Conservative Justice Clarence Thomas to replace the devoutly liberal Thurgood Marshall.

Formal sources of presidential power

-The role as head of state. The role as head of government.

Presidents and court rulings

-The role of the presidency is to defend the law and the Constitution, which means executing Supreme Court decisions. Presidents do sometimes however, give a hostile response to Court rulings. -Obama criticised the Court for its Citizens United ruling, while many of them sat in the audience of his 2010 State of the Union address. -There have been some instances when presidents have challenged the legitimacy of a court ruling and attempted to undermine it. -Trump immediately clashed with the judiciary in 2017, attacking the judge who halted his immigration ban. Referring to District Judge Robart as a 'so called judge', Trump instructed the US public to blame the judge if anything went wrong.

The Imperilled Presidency

-The theory of the imperilled presidency suggests that the president is not simply restricted, but is the holder of a weak office, without sufficient power. -This contrasting theory to that of an imperial presidency was but forward by President Ford. He found that the federal bureaucracy was too big to manage effectively and complained of the president's lack of control over an increasingly complex executive branch. -Phrase has since been adapted to argue that there are excessive limitations on presidential power, which cause ineffectual political leadership. -The rise of polarised parties could be applied to this idea, with a recalcitrant Republican Party proving unwilling to co-operate and compromise with elected Democrat Presidents, such as Obama.

The president, the Constitution and the Supreme Court

-The written, entrenched and sovereign Constitution aims to place stringent limits on presidential action in a variety of ways. -Presidents are also strongly limited by the Supreme Court which can and does uphold constitutional rules against them. Presidents typically 'lose' Supreme Court cases in every year of their presidency. -There is an array of constitutional regulations on presidential power. Some rules are so clear that it is unlikely any president would break them- for example, the maximum two-term rule or the ratification of justices by the Senate. -In other cases, the Supreme court can use its considerable power of judicial review to overturn either the actions of the president or the president's favoured policies.

Signing statements

-Traditionally innocuous. -Since 1980s, provides the president's interpretation of a law, announce Constitutional limit on implementation of it, or indicate directions about how to administer it. -Since 1986, part of official legislative history. -Used as de facto line-item veto since Reagan.

The Vice president

-Vice president- main power lies with their ability to influence presidential thinking. -The last three vice presidents- Pence, Biden and Cheney- have all been seen as influential members of the president's inner circle. -There is, however, no constitutional requirement for a president to listen to their vice president. -Arguably, the most significant constitutional role of the vice president is to be next in line to the president.

Political- Congress

-When congressional leaders have attempted to take control of foreign policy, they have often received widespread criticism for usurping the traditional roles of the president. -House Speaker Nancy Pelosi was strongly criticised for her decision to visit President Assad in Syria in 2007. -Speaker John Boehner's decision to invite Israeli Prime Minister Netanyahu to speak before a joint session of Congress was seen by many as overstepping his authority, with criticism even from some US Jewish lobby groups.

Policy aims presented during election campaigns

1. Introduce health insurance for all (2008 campaign). 2. Close Guantanamo detention centre (2008 and 2012 campaign). 3. Remove US troops from Iraq and increase US involvement in Afghanistan (2008 campaign). 4. Stimulus package for the economy (2008 campaign). 5. Immigration reform to allow more people to have a path to citizenship (2008 and 2012 campaigns)

Policy achieved?

1. Partially achieved with the passing of the ACA. Obama compromised on the public option, dropping his desire for a federal health insurance company to compete in the marketplace. 2. Failed. At the end of the Obama presidency, Guantanamo still held 41 people. The number did decline hugely however, with 242 detainees at the start of the presidency and 197 being transferred, repatriated or resettled by January 2017. 3. Largely achieved with troops being removed from Iraq, and Congress agreeing to a troop surge in Afghanistan in Obama's first term. 4. Achieved with legislation being passed in 2009 that led to additional spending of $787 billion. 5. Failed to pass Congress in the first and second terms. Obama has partial success using executive orders to achieve some of his goals, although some of these were struct down with the Supreme court.

Four factors affecting presidential power

1. Presidential popularity. 2. Events. 3. Mid-term elections. 4. Presidential election cycle and the lame duck.

How effectively have presidents since 1992 achieved their aims?

1. 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. If presidents achieve their policy goals, they are often required to make major compromises. 2. The rise of partisanship has had a major impact on the effectiveness of presidents. When presidents govern under divided government, the opposing majority in Congress makes it even more difficult to achieve policy goals. This has led to legislative gridlock with presidents struggling to reach their desired goals. 3. There is arguably a distinction between foreign policy (where the president is more easily able to achieve policy goals) and domestic policy (where they aren't). 4. Presidents may bypass constitutional checks and balances using the pools of the imperial presidency.

Obama- Relationship between the presidency and Congress

Term 1-Domestic -Stimulus package 2009 -Affordable Care Act 2010 -DREAM Act -Nominations- Sotomayor and Kagan Term 1-Foreign -Afghanistan surge 2009 -Russian treaty 2010 -Libya 2011 Term 2-Domestic -DREAM Act and immigration reform, -Gang of 8 and executive order 2013 -Gun regulation- 2013 State of the Union and executive order Budget shutdown, path to prosperity and Affordable Care Act 2013 -Keystone Pipeline Veto 2015 -Garland nomination 2016 -Veto of healthcare repeal 2016 -Zika virus gridlock 2016 Term 2-Foreign -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 -Saudi Arabia right to sue legislation, veto and overturn 2016

The separation of powers and presidential-congressional relations

The separation of powers significantly limits the president for three main reasons: 1. The president and Congress receive separate mandates. 2. The president has limited patronage power over individual members of Congress. 3. There is a possibility of bipartisan control of divided government between president and Congress.

Executive agreement

What is it? -A piece of constitutional magic conjured up by the president in making an agreement with another country. This agreement does not require Senate ratification. This could be seen as replacing treaties and allowing the president to bypass traditional constitutional relations to achieve foreign policy goals. It is the president who decides what is a treaty and what is simply an 'agreement'. Examples -Obama's Iran deal in 2015, agreeing on lifting some trade embargoes and freezing Iranian assets in return for Iranian efforts to end their aims to be a military nuclear power; 2015 China environmental deal, negotiated in secret, agreeing to US and Chinese attempts to reduce CO2 emissions. Limits -An executive agreement is only an agreement with the incumbent president, not with the US government in general. In theory, it could be ignored by future presidents, although there could be legal and political complications. Any agreement is arguably unconstitutional. In 2015, Senators wrote an open letter to Iran saying they did not recognise the Iran deal as having any force in US law.

Signing statements

What is it? -A statement written and signed by the president at the same time as signing a piece of legislation. When signing a bill, the president may state that they will not enforce certain sections (for example, because they deem them to be unconstitutional). This gives the president the power to effectively hold a line-item veto, allowing them to strike out individual lines of a bill. The Supreme Court has declared the line-item veto unconstitutional in Clinton V New York 1998, stating that a president can either accept or reject a whole bill only. Many signing statements have limited constitutional significance. Evidence -In 2014 Obama signed the National Defence Authorisation Act, which contained a clause requiring the defence secretary to notify congressional committees at least 30 days before moving someone from Guantanamo Bay. Obama issued a signing statement rejecting congressional authority here. Obama did not comply with the act when he secretly trades a captured US solder, Bowe Bergdahl, for five Taliban members detained at Guantanamo. Limits -The president can issue such words but may find it difficult to actually bring about any change. For most laws, such as budget agreements, there is little a president can do with a signing statement. Also, a signing statement is only words on a page. Congress may insist on the laws it has passed, and the Supreme Court could force the president to follow the intentions of congressional law. Future presidents are not obliged to follow suit. Obama signed a statement saying he would not use drone strikes to kill US citizens, even though he signed a law permitting it. There is no reason why President Trump needs to follow this interpretation of the law in existence.

Unilateral War Powers

What is it? -Presidents have made military decisions without consulting Congress- something that has become increasingly important since WW2, marking a major change in presidential power. The requirement for greater speed, secrecy and expertise in decision making has allowed the president increasingly to take control of military and security policy. Ordering military action without consultation or consent from Congress can be seen as bypassing key requirements of the Constitution. Evidence -Libya 2011, when Obama ordered air strikes- without consulting Congress- helping to destabilise the Libyan government. Limits -Presidents are particularly powerful over short-term action; longer term action is more easily regulated by Congress using the War Powers Act or funding restrictions. The president may be heavily limited by strong public opposition a consideration that may have held Obama back over what appeared to be his inevitable orders to attack the Syrian Assad regime.

Executive Order

What is it? -The president can instruct the executive branch to carry out/ not carry out certain practices without consulting Congress. This could be seen as effectively creating new policy without the need for a congressional vote. Evidence -Immigration, including Obama policies on DACA and DAPA and Trump's 2017 executive order banning immigration from seven specified countries. 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, leading to the creation of Guantanamo detention camp. Limits -The scope of these orders is limited. In theory, the president cannot pass new laws but only enforce existing ones or use their power to govern the executive branch. Obama's planned extension of DAPA and DACA was halted by Court ruling in 2016, as was Trump's immigration executive order in 2017.