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level: Formal Sources of Presidential Powers and their Use

Questions and Answers List

level questions: Formal Sources of Presidential Powers and their Use

QuestionAnswer
What does it mean for 'Executive Power' to be given to a 'President'-This suggests a Singular Nature of the Executive Branch. Only the President has Executive Power -The Rest of the Branch has limited, or no Constitutional Power
What are the Enumerated Powers of the President?-Execute Laws Faithfully -Power of Pardon -Veto, or Sign Legislation -Commander-In-Chief -State of the Union Address -Make Treaties -Appointments of Justices and Cabinet Officers -Request Opinions of Heads of Executive Departments -Recess Appointments -Receive Ambassadors -Convene or Adjourn both Houses on Special Occasions
What are Proactive and Reactive Powers?-Proactive refers to powers that allow the President to act, and then ask for Congressional Approval. -Reactive refers to the President having to bring something to Congress before it can Act
What role does the Head of State do?-Military: Deals with Foreign Affairs as Commander in Chief -Judicial: Exercises the Power of the Pardon -Diplomatic: Receives Ambassadors and makes Treaties -Ceremonial: Undertakes expected Public Tasks and Duties -Legislative: Giving the State of the Union Address, which is becoming a List of Legislative Priorities from the President -Representing USA: Meeting World Leaders, attending Summits, or Responding to National Disasters/Tragedies
Why would many of the Roles the Head of State has (President) have little Constitutional Checks?-Many of the President's roles are not from Enumerated Powers within the USCON -Instead, they are found in the 'Expected' Tasks of the President -This means there are very few Chekcs in the USCON
When looking at the Head of State's Role in the Military, give an Example of the Head of State doing this and the Constitutional Check.-President Biden has allowed Billons of US Dollars of Aid to Ukraine to fight the Russian Invasion. Biden has also deployed Troops on the Ground in Poland and Romania. Biden has also approved of Strikes on the Houthi Rebels -Congress's power to Declare War has not been seen since 1942. Congress also allows broad Discretion to the President if National Security is Harmed.
When looking at the Head of State's Role in the Judiciary, give an Example of the Head of State doing this and the Constitutional Check.-Trump had Pardoned Roger Stone, who was Sentenced to 40 Months in Prison after Lying to Congress. Biden has pardoned Betty Jo Bodans, who was sentenced to 7 years for possession with Intent to Distribute Crack -Congress doesn't have anything directly to use. It may use the Impeachment Power if the Power of the Pardon was Inappropriately Used
When looking at the Head of State's Role in the Diplomatic Arena, give an Example of the Head of State doing this and the Constitutional Check.-Trump had engaged with Ties to Kim Jong-un of North Korea. Biden has engaged with Zelensky from Ukraine, and Netanyahu from Israel. -Congress can, or the Senate can Confirm Treaties. Congress also has the Power to Confirm Ambassadors from the US (Appointment)
When looking at the Head of State's Role in the Ceremonial, give an Example of the Head of State doing this and the Constitutional Check.-Usually, a President Pardons a Turkey on Thanksgiving Day, and throws a Ceremonial First Pitch in Baseball, as Obama did in 2010 -Congress has Nothing
When looking at the Head of State's Role in the Legislative, give an Example of the Head of State doing this and the Constitutional Check.-Union Addresses allow Presidents to set an agenda or Legislation. FDR used this for the 'New Deal' during the Great Depression. Obama used it for Healthcare Reform. Biden used his 2023 for Unity and Overcoming Challenges in his 2023 Address -There are 0 Real Checks on the State of the Union Address itself, as the President can say whatever he Likes. The Impact of the Speech is dependent on how Congress reacts
When looking at the Head of State's Role as the representative, give an Example of the Head of State doing this and the Constitutional Check.-Biden attended the G7 in 2021 in Cornwall to talk with Vladimir Putin. Biden also Represents the US in the Middle East. -Nothing that Congress can do!
What roles would the Head of Government assume?-Executive: Executing Laws that Congress has Passed via Federal Bureaucracy, Cabinet Members, and Federal Justices -Legislative: Delivering a Legislative Program at the State of Union Address, and can Veto/Sign legislation from Congress -Military: Protecting the Individual States. This refers, Constitutionally, from Civil War, but now to Natural Disasters or Terrorism
Give an Example, and the Constitutional Checks, when the Head of Government carries out the Role: Executive-Biden has appointed only 1 SCOTUS Justice, and that is Ketanji Brown Jackson (April 2022) Biden has also Appointed Antony Blinked (Sec of State) Janet Yellen (Sec of Treasury), and more -Biden has also Vetoed 10 Bills. None have been Overturned. -Any Appointment must be Ratified by the Senate. That means the Senate can Reject Appointments. Furthermore, if a Veto was Overturned then the President must Carry out the Law, like the Defence Spending Bill in January 2021
Give an Example, and the Constitutional Checks, when the Head of Government carries out the Role: Legislative-Trump suggested the Border Wall with Mexico several times in his Union Address. Biden in 2023 advocated for Lower Healthcare Costs and Tackling the Climate Crisis. Alongside, the president's Veto -Congress can Overturn the Presidential Vetos, such as Obama's Veto on the Justice Against the Sponsors of Terrorism Act. Congress must also Introduce and Pass Legislation BEFORE the President can Sign or Veto it. This can be why Trump found it so hard to get his Mexico Border Wall.
Give an Example, and the Constitutional Checks, when the Head of Government carries out the Role: Military-Trump had used the Military to quell BLM Protests after George Floyd's Death. Obama sent 1k National Guardsmen to the US-Mexico Border in 2010. Biden had issued an Executive Order to Implement Reforms to the Military Justice System and address issues such as sexual assault and other Issues from Commanders. -Not Much, but, State's Powers are Protected via Federalism. Subsequent Laws only allow the President to deploy Troops in the US, with the Individuals States Permission. Some States Refused Trumps Help to Quell BLM
Why would the Role of the Head of Government have more Checks than the Head of State?-Congress is Focused mainly on Domestic Politics and therefore has a Larger Say and Influence in Domestic Policy -Presidents usually rely on powers from the Head of State as their Term Progresses. Approval Ratings falling makes them more Reliant to Powers with fewer Checks on them