A-Level Politics: Key Terms: The US President and Executive
Failed nomination of Garland
After the death of Antonin Scalia in 2016, Obama tried to nominate the liberal justice Merrick Garland, but the rep-controlled senate refused to hold a hearing, so he was never confirmed. When Trump became president, he appointed Neil Gorsuch.
Example of Pork
"King of Pork" Robert Byrd (WV). Robert Byrd managed to create the US coastguard HQ in West Virginia, a landlocked state. It created jobs for the state and diverted federal money to west virginia. ii. Ben Nelson (Nebraska) secured $100m to pay for welfare in Nebraska in return for voting in the PPAC 2010. This is an outright bribe.
Power to Persuade
"Neustadt theseis"—the president's power is the power to persuade. The theory that a president's ability to shape government policy depends more on his ability to convince members of Congress, bureaucrats, and citizens to do what he wants than it does on the formal powers conveyed to him by the Constitution
The Warren Court 1953-1969
"activist court" creating new precedent and expanding the rights of the accused. Landmark cases included: Brown v Board of education 1954 Cooper v Aaron 1958 Griswold v. Connecticut 1965 New York Times Co. v. Sullivan 1964
Power of committee chairs
*Chairs of standing committees in both house of Congress have great power in the legislative area of their committee *Can determine what bills the committee will consider *Seldom does a bill make it through a committee without the support of chair
Differences between population and congress
12.6% population is african american, vs 7.9% in congress. 16.3% population is Hispanics, vs 6% in Congress
Functions of Congress: war
- Over two centuries, the US has been engaged in over 130 significant military conflicts. - Whereas Congress has only formally declared war on five occasions. - Culture of deference to the executive. - Gulf of Tonkin resolution 1964 gives LBJ a blank checque to do what he wants. - 2000's congress gives Bush the power to do what he needs for Iraq and Afghanistan. - Following the Vietnam War, Congress passed the War Powers Resolution of 1973 over President Nixon's veto
Functions of Congress: Purse
- The annual budget - which like other legislation must be agreed between Congress and the president - has been subject to repeated delays, stand-offs and crises - There have been 13 government shutdowns since 1981 - E.g. January 2018, 50% of DoD workers did not come into work.
Executive Order
A rule of command issued by the president which has the force of law without congressional action.
Functions of standing committees
1) Conducting the committee stage of bills 2) Conducting investigations 3) Confirming presidential appointments (senate only)
Why is EXOP needed?
1. 1939 the brownlow committee reported that "the president needs help" due to the expansion of the federal government: 8 in total by 1939. 2. Great depression and the "new deal" 3. Transformation of the c-in-c powers Now employs 2000 staff with the key personnel working in the west wing.
Powers of the Senate
1. Confirm or rejects Presidents nominations 2. Ratified or rejects president's treaties 3. Tries impeachment cases 4. Senate elect VP in the event of a draw in the EC
Explain and Analyse three ways in which congress performs oversight (9)
1. Congressional Hearings 2. Advice and Consent 3. Overriding Presidential veto 4. Impeachment
Direct authority
1. Executive orders 2. Signing statements 3. Recess Appointments 4. Executive Agreements
7 step process of legislation
1. First reading 2. committee stage 3. timetabling 4. second reading, debate, vote 5. third reading, debate, vote 6. conference committee (reconcile house and senate) 7. Presidential action
Powers of the House of Representatives
1. Initiates financial and tax bills 2. Begins impeachment process 3. Elects president in the event of a draw in EC
Appointments process
1. President nominates 2. Relevant senate committee considers and votes 3. Full senate votes (51 needed) 4. Confirmation or rejection.
Twenty-fifth Amendment
1967 allows the VP to become acting president if the president is disabled.
Bakke Vs University of california
1978 Supreme Court ruling that limited affirmative action by rejecting a quota system.
New York Times v. Sullivan
A 1964 Supreme Court decision establishing that, to win damage suits for libel, public figures must prove that the defamatory statements were made with "actual malice" and reckless disregard for the truth. It is one of the key decisions supporting the freedom of the press.
Pro forma session
A meeting held by a few members of the senate when in recess to prevent against recess appointments by the president.
standing committee
A permanent policy specialist committee of congress playing key roles in both legislation and investigation.
Budget
A policy document allocating income and expenditure for the state, drawn up every year by the OMB and submitted to Congress by the President.
Recess Appointment
A presidential appointment made without Senate confirmation during Senate recess.
The Imperilled Presidency and examples
A term coined by President Gerald Ford to refer to a presidency characterised by ineffectiveness and weakness, resulting from congressional over-assertiveness. • Eg case Act 1972 forced presidents to inform congress of all executive agreements made with foreign states. • War powers Act 1973 attempted to limit presidents use of troops unless congress declared war or gave specific statutory authorisation.
The Cabinet
Advisory council for the president consisting of the heads of the executive departments, the vice president, and a few other officials selected by the president. No collective responsibility or formal constitutional role.
Executive Agreement
An agreement made between the president and another head of state, which has the effect of a treaty without congressional action.
'Lame duck' presidency
An elected official whose successor has already been elected, this hampers their ability to act.
Congress is not broken
Approximately 88-95% are reelected each term • Less than 1% rate is potentially a good thing. It can stop bad legislation being made. the committees are the sieve through which legislation is poured. • Congress can legislate quickly and/or effectively. 2001 USA PATRIOTS ACT passed a month after 9/11 2009 American reinvestment and recovery act (stimulus package of $750bn) PPAC 2010. • Only 1% of bills become laws. Provides effective scrutiny • Congress has also shown its willingness to refuse funds for a foreign policy with which it disagrees. • President has become responsible for submitting budget, but congress checks to see if they are overstepping their remit.
Conference committees
Congressional committees formed when the Senate and the House pass a particular bill in different forms. Party leadership appoints members from each house to iron out the differences and bring back a single bill.
Senate appointments rejection Example
Bork in 1984. Rejected 42-58. Reagan then suggested Edward Kennedy, a more moderate conservative, who can act as a swing vote.
Formal Powers of the President
Commander and Chief of the armed forces such as the army, navy, and the US Air Force. Power to Veto laws passed by congress. Power to make political appointment Propose Legislation and sign legislation Submit annual Budget Act as chief executive Negotiate Treaties Head of State
Iron triangles examples
Defense committees, Defense contractor, Department of defense
National Security Advisor
Director of the National Security Council, tends to set tone and be influential in direction of security policy.
Congress rejecting presidential appointments
Disconsent powers If the president appoints an unqualified cabinet member, then they are unlikely to be approved by the senate. Similarly, if a treaty does not benefit the nation, it will not be signed due to senate disapproval. Cabinet disconsent has rarely occurred recently, but the threat is significant enough for presidents to consider the right choices for their cabinet. In reality however, congress has almost never outright rejected a candidate: if there is concern over a candidate they will often be withdrawn.
Exop and cabinet rivalry
Exop has cabinet rivalry, because of their geographical proximity to potus. EXOP is in the west wing (where the oval office is) but the rest of the departments are further away.
Factors that influence voting: Iron triangles
Iron triangles are mutually beneficial relationships. the relatively ironclad relationships and patterns of interaction that occur among agencies, interest groups, and congressional committees or subcommittees
Joint powers of both houses
Law making scrutiny of executive overriding presidents veto initiating constitutional amendments impeaching and removing public officials declaring war
pork/earmarks
Legislation that allows representatives to bring home the bacon to their districts in the form of public works programs, military bases, or other programs designed to benefit their districts directly.
Functions of Congress:
Oversight Purse War Representation Legislation
VP powers:
Presiding officer of the Senate Counting the electoral college votes Becoming the President
8 factors that influence voting
Pressure groups Party Loyalty Constituents Personal Beliefs Colleagues and Staff Political Climate The Administration Iron Triangles
meritocratic representation
Representation based on ability and effort
Functions of Congress: Representation
Resemblance theory vs Meritocracy theory
Extra-constitutional requirements to be president
Rhetoric skills Effective organization Sound and relevant polices Ability to raise large sums of money Major party endorsement Personal characteristics Political expertise
Treaties examples
START 2 or new start (Strategic Arms Reduction Treaty) was a bilateral treaty between the United States of America and Russia on the reduction and limitation of strategic offensive arms. Rejection of CTBT: The Comprehensive Nuclear-Test-Ban Treaty (CTBT) is a multilateral treaty that bans all nuclear explosions, for both civilian and military purposes, in all environments Kyoto Protocol, 1999. Agreed to limit CO2 emissions. Clinton signed, but didn't bother to ratify with the senate, as China and India had not signed and they were two of the largest polluters
Engel v. Vitale (1962)
Struck down state-sponsored prayer in public schools.
Significance of standing committees
Summons candidates who must give evidence under oath. They ask questions. Especially powerful in periods of divided govt. Specialists asking pertinent govt. Have the authority to change or influence the executive's course in policy. Most bills die in committee stage. They get "pigeon holed". Committees can defeat a bill at committee stage if they disagree with it. Committees though don't actually legislate, the senate and the house vote, and so they don't actually hold much power.
Brown vs. Board of Education (1954)
Supreme Court decision that overturned the Plessy vs. Ferguson decision (1896); led by Chief Justice Earl Warren, the Court ruled that "separate but equal" schools for blacks were inherently unequal and thus unconstitutional. The decision energized the Civil Rights Movement in the 1950s and 1960s.
Select committees
Temporary congressional committees appointed for a specific purpose, such as impeachment investigations or the "Super Committee" on the Budget
Rasul v. Bush 2004
Terrorist detainees must have access to a neutral court to decide if they are legally held
New York Times v. US 1971
The Court ruled that freedom of the press is protected, and prior restraint of the press is illegal. o Court allowed New York times and Washington post to publish the pentagon papers. Court placed the concept of freedom of the press above the Nixon administration. o Check on presidential power
National Security Council
The EXOP office concerned with security and defence, coordinates and advises on these matters and tackles foreign policy or security crises. Established in 1947 due to the Cold War.
White House Office
The EXOP office made up of the president's most trusted staff.
Office of Management and Budget
The EXOP office which advises the president on federal funding, oversees and reviews all spending or proposals, and draws up the budget.
Supreme court striking down legislation
The Judicial Branch can declare laws unconstitutional. Eg president Donald Trump's travel ban in January was considered to be racially prejudiced, and so the SC struck it down within a matter of hours, forcing the president to heavily reassess his bill, and finally pass a weighty compromise.
Executive
The branch of government responsible for enforcing laws and setting the direction of the state.
House Rules Committee
The committee in the House of Representatives that reviews most bills coming from a House committee before they go to the full House. Timetabling of legislation in HoR
Methods of persuasion (through people)
The personality of the president is very important. Example: PACC 2010 Obama o State of the Union Address 27th January o Address to republican house issues conference 29th January o Tv session with senate democrats 3rd January o Bi-partisan healthcare reform meeting 25th February o Town Hall Meeting x5 between march and January The president cannot legislate so they must persuade the legislative branch to do it for him. The Vice President o Last 7 have been members of congress. o Joe Biden was a member of the senate for 36 years. o They can gain favours and legislative experience. EG PPAC 2009. o Has an office in congress so can meet with people and persuade people. Office of Legislative affairs Cabinet Officers Party Leadership in congress
State of the Union Address
The president's annual statement to Congress and the nation, allows him to describe the nation's condition and propose a course of action.
Head of State
The role of the president as chief representative and voice of the nation.
Head of Government
The role of the president as political leader, tasked with the everyday running of the state.
Commander in Chief
The role of the president in exercising supreme operational control of the military.
Power to persuade
The theory of Richard Neustadt that a president's ability to shape policy depends more on his ability to convince members of Congress, bureaucrats, and citizens to do what he wants than it does on the formal powers conveyed to him by the Constitution.
The threat of rejection
The threat of rejection is just as large as actual rejection. Harriet Miers: nominated 2005 as associate SCOTUS justice withdrew when it became clear that she would have been rejected as unsuitable by the judicial because she was only the Bush family lawyer. Bush then nominated the future chair of the court, leaving his legacy behind.
Executive Office of the President
The top presidential staff agencies, providing advice, coordination, and administrative help. First established by FDR in 1939.
Plessy Vs Ferguson 1896
Upheld the constitutional equality of segregation, as long as utilities divided by race was equal.
Roe vs Wade 1973
Upheld women's rights to have an abortion. One of the most controversial cases in SC history. Many feel the SC is overstepping its remit. Court ruled 7-2
Explain and analyse three ways that the office of the President could be considered limited.
Veto Override Disconsent powers (rejection of appointments) Supreme court striking down legislation
Congress is the broken branch
a. 2015-17 114th congress. Only 113 bills are passed- only 86 were substantive bills. Only 1% of bills become laws. b. Members only care about pork c. Even a united government under Trump cannot pass legislation, and failed to pass a budget in 2018, resulting in a 2 day govt shutdown. a. During a period of united govt, oversight decreases significantly. b. Eg Govt 2001-2007, rep united govt, congress asks very few questions about war on terror. a. Uncompetitive seats push parties to ideological extremes. b. Gerrymandering of districts leads to disproportional representation such as in 2014 when the democrats received 1.4m more votes than reps, but the reps controlled the senate still. c. Eg African americans represent 12.6% of the population, but only 8% of congress. a. Congress tends to defer war powers to the executive. b. Only declared war 5 times in history, despite being involved in over 140 major conflicts. c. Eg 2013 obama. Republicans try to blackmail Obama into decreasing Obama care by not voting for the budget leading to 16 day shutdown.
The Rehnquist Court 1986- 2005
court was one of judicial restraint but did strike down congressional acts that it felt infringed on states' rights. Landmark cases included: Planned Parenthood v. Casey, US v. Lopez, Printz v. US and Bush v. Gore. Struck down more federal laws than any other court in history. Constitution should not be trampled on by congress.
The Gulf of Tonkin Resolution 1964
gives the president all necessary measures to fight the Vietnam war. Often called the "blank cheque". Congress handing over its war powers to the president.
Factors that influence voting: party loyalty
members of congress owe their elections to the people. Their job is to represent their state. • Party discipline becomes much more difficult. • Era of Hyper-partisanship, politics is more divided. Republicans become more conservative, democrats become more liberal. Eg Betsy De Vos: had to be confirmed using Pence's tie breaking powers
Elena Kagan Appointments example
nominated by Obama. Senate conducts 17hrs of hearings and asks 700 questions. The committee approved Kagan, and so suggested to the house to approve Kagan. Senate was occupied by the democrats, so Kagan was approved.
Gregg vs Georgia 1976
o 7-2 vote o Death penalty did not always qualify as cruel and unusual punishment. Death penalty can be applied in extreme circumstance. o Under the 7th amendment.
United States vs. Nixon 1974
o 8-0 vote o Court rejected president Nixon's claim that executive privilege protected all communication between Nixon and his advisers. The ruling was important to Watergate scandal, and Nixon resigned weeks after the decision.
Meritocracy theory examples
o John McCain (rep AZ) is on senate armed services committee and served in Vietnam. o Patrick Leahy (VT) is on the senate judiciary committee and was a lawyer before.
Griwold v. Connecticut 1965
o ruled that the Constitution, through the Bill of Rights, implies a fundamental right to privacy. o vote of 7-2 o Upheld abortion and reproductive rights.
Standing committees
permanently established legislative committees that consider and are responsible for legislation within a certain subject area 2) House committees made up of (30-40) members of Hor. The senate has about 15-20. They are usually made up of experts in the field. 3) Chaired by the majority party in each chamber.
veto override
reversal of a presidential veto by a 2/3 vote in both houses of congress Directly cancels out the influence of the executive branch in matters of government. This is extremely difficult to obtain, yet does limit the power of the president if they are truly dismissive of an act that congress believes to be beneficial to its citizens. eg 2016, when congress and senate overrode Obama's veto of the Justice against sponsors of terrorism act, which would enable federal courts to pursue justice for victims of terrorism.
Cooper vs. Aaron (1958)
state government officials are not allowed to defy orders of federal courts even when they disagree with their decisions
Burger Court (1969-1986)
strict constructionist but did vote to expand civil rights. Landmark cases: Roe v. Wade, US v. Nixon, NY Times v. US, Bakke v. University of California.
descriptive representation
the idea that an elected body should mirror demographically the population it represents
Liberalist interventionalist government
using the power of the federal government to bring about change. Eg, obama's health care and economy. Eg JFK and LBJ civil rights Eg FDR helping the depression in 30's
Factors that influence voting: Political climate
• A change in intellectual atmosphere can cause a shift in congressional voting. • After 9/11, the PATRIOTS act was passed, which allowed wire tapping and monitoring of communications of citizens. This was a bipartisan vote; democrats voted for it aswell.
The increasing importance of the VP
• As the role of the federal government and the presidents grew, so has the VP in order to help the president in their work. • VPs started being shown the presidential daily briefing. • The increasing power of the role means that it attracts more significant people. • Many modern VPs play a key role in legislative liaison with HoR. • VPs become party worker, electioneer and fundraiser. Biden took part in this role in both election cycles of 2010 and 2012. • VP becomes a major spokesperson for the administration.
Factors that influence voting: Personal Beliefs
• Bobby Bright (alabama 2) is a prolife democrat. • Rand Paul (republican Tennessee) is a fiscal conservative and will vote for his belief. He voted against the new budget in 2018, which culminated in a govt shutdown.
Functions of Congress: Oversight
• Congressional hearings conducted by congressional committees • Advice and Consent • Overriding a president's veto • Congressional veto, known as 'sunset clause', inserted into the bill
Power to Persuade (through perks)
• Dinners • Trip on Airforce one • Phone calls (gives authority to recipient) • Offer help with legislation. • Invite members to the oval office. • Use of the "bully pulpit" by putting "congress' feet to the fire". Indirectly addressing congress through the public. • Use of capitol hill • Campaigning.
The Imperial presidency examples
• Eg, Truman sending troops to South Korea in 1950 when NK invades. He did not wait for congressional authorisation. Congress had little complaint. • 1958, president Eisenhower sent 14,000 troops to Lebanon without congressional approval. • 1961, Kennedy launches disastrous Bay of Pigs attack in Cuba without congressional approval.
The imperial Presidency
• Imperial Presidency: a presidency characterised by the misuse of presidential powers, especially in foreign policy, and high-handedness in dealing in congress. • According to Professor Schlesinger, "the imperial presidency was essentially the creation of foreign policy."
Agencies in EXOP
• National security council • Office of management and the budget • White house office • Council of economic advisers • Office of the vice president
Arguments that Pressure groups are bad for democracy:
• Political inequality/ Elitism • Sections of society not represented • Non-legitimate power • Behind the scenes influence • Tyranny of the minority • Revolving Door Syndrome - 43% of retiring congress members between 1998 and 2000 became lobbyists • Iron Triangle Syndrome = strong relationship between pressure groups, committees, and government departments
Impeaching by the senate
• Power to impeach and remove from office all civil officers of the united states. • Someone must have committed a serious offence to warrant their removal. o Eg Thomas Porteous in 2010 on charges that included corruption and perjury. o 1998, the house impeached president Clinton on two counts: perjury and obstruction of justice. Senate acquitted Clinton though.
Propose Legislation and sign legislation: presidential powers
• Presidents have been increasingly elected with intended policy and legislation implementation: legislative agenda. o In 2013 when Obama signed in the Patient protection and affordable care act, he invited the democratic leader, widow of a late senator who had made healthcare reform one of his life's ambitions.
Factors that influence voting: PG
• Pressure groups influence congressional voting through methods like phone calls, visits, petitions and campaigns. • PACs for reelection and funding. • 2010, Obama asks biden to get gun control (federal assault weapons ban) through congress after the Sandy Hook massacre. It failed and is still a bill. • The NRA provides millions of funding to those it deems will help its policy.
Factors that influence voting: colleagues and staff
• Rely on other congressmen with specialized knowledge, personal importance to bills. • Senior members mentoring junior members.
Ratifying treaties examples
• Senate has sole power to ratify treaties by 2/3 majority. • The president needs to keep the senate fully informed throughout treaty negotiations, to avoid concluding a treaty the senate is unlikely to ratify. o Eg 2010, senate ratified "strategic arms reduction treaty" or start, negotiated by president Obama.
Example of negotiating treaties: powers of the president
• Strategic arms reduction treaty (Reagan) • Chemical Weapons ban (bush) • Must be ratified by 2/3 of senate
Factors that influence voting: The administration
• The executive branch has its own policy agenda that is will try to get through congress. • Cabinet members and the White house are in contact with members of congress to persuade them to vote certain ways. • Success usually depends on bipartisan support. • Loyalty to an unpopular president can lead to defeat of members of congress in elections.
