Presidency essay plans
Evaluate the extent to which the president’s formal sources of power are more important
than informal sources
Formal powers are more important Informal powers are more important
Impact legislation Executive orders
- power to sign/veto legislation - e.g. Trump’s exec order on Border
(article 1, sec 7) → Obama used 12 regular Security and Immigration Enforcement
vetoes in his 2 terms, only 1 was overridden Improvements (construction of a wall along
e.g. justice against sponsors of terrorism the Mexico-U.S. border)
act (for 9/11 victims)
Foreign affairs Executive Agreements
- commander-in-chief - e.g. WW2/Cold war - 800 treaties but
(article 2, section 2) → Obama was involved negotiated more than 13K executive
in foreign crises in Iraq, Afghanistan, Libya agreements (politically binding, not legally)
and Syria with sensitive relationships with
Russia, Cuba and Israel
- e.g. 9/11 = George W Bush saw himself
thrust into the role of wartime president
Head of Executive National events + personal mandate
- nominate Federal Judges → Trump - national events → 9/11 attacks surged
nominated Kavanaugh, Gorsuch, Amy George W Bush's power as public support
Coney Barrett for the president increased, huge control
on domestic and foreign policy
- personal mandate → strong wave of
support = clear policy vision e.g. Obama
achieved budget stimulus, healthcare
reform, the beginning of the process of
moving troops from Iraq, etc
Evaluate the extent to which there is an imperial presidency in the US
Imperial presidency Not an imperial presidency
President has unilateral war powers and Limits of war powers
takes control of foreign policy without - Presidents are particularly powerful over
consulting Congress short-term action; longer term action is
- e.g. when north Korea invaded south more easily regulated by the war powers
Korea pres. Truman immediately sent US act (1973) which limited presidents use of
troops to Korea without any congressional troops unless congress declared war, or
authorisation. funding restrictions
- Libya 2011, Obama ordered air strikes- - defunded Nixon’s Vietnam war 1973
helping to destabilise the Libyan - regulations put over the president create
government more of an imperilled presidency
Presidential power of the executive Limits to executive order
, ordering - scope of these orders is limited, in theory
POTUS can instruct the executive branch to the pres = cannot pass new laws but only
carry out/ not carry out certain practises enforce existing ones or use their power to
without consulting congress = creating new govern the executive branch
policy without the need for a congressional - e.g. Obama’s DAPA and DACA was halted
vote by a court ruling in 2016, as was Trumps
- e.g. Trump's 2017 executive order immigration executive order in 2017.-
banning immigration from seven specified imperilled presidency
countries.
- e.g. Obama's immigration policies, DAPA
and DACA
Presidential power of signing statements Limits to signing statements
- gives POTUS power to effectively hold a - POTUS can issue such words but may find
line- item veto, allowing them to strike out it difficult to bring about any change.
individual lines of a bill. - for most laws, such as budget
- e.g. 2014, Obama signed the National agreements, there is little a pres. Can do
Defence Authorisation Act, which with signing a statement. - imperilled
contained a clause requiring the defence
secretary to notify congressional
committees at least 30 days before moving
someone from Guantanamo Bay
Evaluate the extent to which the other branches of government limit presidential power
SCOTUS and Congress limit presidential SCOTUS and Congress can’t limit
power presidential power
SCOTUS can strike down laws as Has no power of enforcement
unconstitutional - court relies on power of President or
- e.g. Printz v US 1997 = SCOTUS overturned Congress to enforce its decisions due to
Brady Act of background checks for guns separation of powers, or it goes unenforced
- e.g. overturned Roe v Wade - if ruling is controversial then President/
- e.g. Riley v California 2014 = 4th Congress tend to ignore e.g. in cases
amendment, freedom from unreasonable regarding Guantanamo bay between 2004-
search and arrest was upheld regarding 8 as they ruled in favour of detainees
warrantless search and seizure of digital cases regarding the prison still brought it
information court = ignored
Congress holds power of impeachment Limits of impeachment
- congress can try the president with - impeachment again happens quite rarely
possible removal from office if found and has seen with the Clinton example
guilty. presidents can be impeached but usually
- e.g., 1999 with Clinton. senate has power aren't removed from office entirely- making
to hold trial - although Clinton impeached their impeachment arguably ineffective
was not removed from office.
- Trump was impeached twice in 2019 and
2021
Congress holds power to investigate into Limits of investigation
the president's actions and policies - the efficiency of oversight is very
Evaluate the extent to which the president’s formal sources of power are more important
than informal sources
Formal powers are more important Informal powers are more important
Impact legislation Executive orders
- power to sign/veto legislation - e.g. Trump’s exec order on Border
(article 1, sec 7) → Obama used 12 regular Security and Immigration Enforcement
vetoes in his 2 terms, only 1 was overridden Improvements (construction of a wall along
e.g. justice against sponsors of terrorism the Mexico-U.S. border)
act (for 9/11 victims)
Foreign affairs Executive Agreements
- commander-in-chief - e.g. WW2/Cold war - 800 treaties but
(article 2, section 2) → Obama was involved negotiated more than 13K executive
in foreign crises in Iraq, Afghanistan, Libya agreements (politically binding, not legally)
and Syria with sensitive relationships with
Russia, Cuba and Israel
- e.g. 9/11 = George W Bush saw himself
thrust into the role of wartime president
Head of Executive National events + personal mandate
- nominate Federal Judges → Trump - national events → 9/11 attacks surged
nominated Kavanaugh, Gorsuch, Amy George W Bush's power as public support
Coney Barrett for the president increased, huge control
on domestic and foreign policy
- personal mandate → strong wave of
support = clear policy vision e.g. Obama
achieved budget stimulus, healthcare
reform, the beginning of the process of
moving troops from Iraq, etc
Evaluate the extent to which there is an imperial presidency in the US
Imperial presidency Not an imperial presidency
President has unilateral war powers and Limits of war powers
takes control of foreign policy without - Presidents are particularly powerful over
consulting Congress short-term action; longer term action is
- e.g. when north Korea invaded south more easily regulated by the war powers
Korea pres. Truman immediately sent US act (1973) which limited presidents use of
troops to Korea without any congressional troops unless congress declared war, or
authorisation. funding restrictions
- Libya 2011, Obama ordered air strikes- - defunded Nixon’s Vietnam war 1973
helping to destabilise the Libyan - regulations put over the president create
government more of an imperilled presidency
Presidential power of the executive Limits to executive order
, ordering - scope of these orders is limited, in theory
POTUS can instruct the executive branch to the pres = cannot pass new laws but only
carry out/ not carry out certain practises enforce existing ones or use their power to
without consulting congress = creating new govern the executive branch
policy without the need for a congressional - e.g. Obama’s DAPA and DACA was halted
vote by a court ruling in 2016, as was Trumps
- e.g. Trump's 2017 executive order immigration executive order in 2017.-
banning immigration from seven specified imperilled presidency
countries.
- e.g. Obama's immigration policies, DAPA
and DACA
Presidential power of signing statements Limits to signing statements
- gives POTUS power to effectively hold a - POTUS can issue such words but may find
line- item veto, allowing them to strike out it difficult to bring about any change.
individual lines of a bill. - for most laws, such as budget
- e.g. 2014, Obama signed the National agreements, there is little a pres. Can do
Defence Authorisation Act, which with signing a statement. - imperilled
contained a clause requiring the defence
secretary to notify congressional
committees at least 30 days before moving
someone from Guantanamo Bay
Evaluate the extent to which the other branches of government limit presidential power
SCOTUS and Congress limit presidential SCOTUS and Congress can’t limit
power presidential power
SCOTUS can strike down laws as Has no power of enforcement
unconstitutional - court relies on power of President or
- e.g. Printz v US 1997 = SCOTUS overturned Congress to enforce its decisions due to
Brady Act of background checks for guns separation of powers, or it goes unenforced
- e.g. overturned Roe v Wade - if ruling is controversial then President/
- e.g. Riley v California 2014 = 4th Congress tend to ignore e.g. in cases
amendment, freedom from unreasonable regarding Guantanamo bay between 2004-
search and arrest was upheld regarding 8 as they ruled in favour of detainees
warrantless search and seizure of digital cases regarding the prison still brought it
information court = ignored
Congress holds power of impeachment Limits of impeachment
- congress can try the president with - impeachment again happens quite rarely
possible removal from office if found and has seen with the Clinton example
guilty. presidents can be impeached but usually
- e.g., 1999 with Clinton. senate has power aren't removed from office entirely- making
to hold trial - although Clinton impeached their impeachment arguably ineffective
was not removed from office.
- Trump was impeached twice in 2019 and
2021
Congress holds power to investigate into Limits of investigation
the president's actions and policies - the efficiency of oversight is very
