A2 Executive Essay Plans PDF

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A2 Executive Essay Plans ‘The reality of the modern presidency is one of vulnerability not strength.’ Discuss.

Introduction ●

Article II - ‘Executive power shall be vested in one President of the United States’. Framers keen to limit executive power to federal government. This is to prevent a tyrannical president from getting too much power, thus POTUS limited by respective branches For

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Constitution - Article II gives greater freedom of manoeuvre within the foreign sphere compared to the domestic sphere. This bifurcated presidency (Neustadt) limits the POTUS’s power to persuasion. This limitation in power can lead to the POTUS feeling frustrated as seen in August 11th 2011 where Obama became frustrated with the slow recovery of the nation's economy. Imperial Presidency - Backlash of Nixon, later presidents such as Ford and Carter were imperilled (POTUS lacks power to be effective). Congress reasserted its checks and balances ie. threatening impeachment of Nixon,(US v Nixon) Case Act 1972 and War Powers Resolution (1973) Lame Duck -Can’t influence Congress or assert himself effectively. Still wield institutional powers but lack political powers. Despite great influence of Bush, became a ‘lame duck’ in his second term. Can also be said for Obama, arguably more vulnerable in second term as unpopularity (54% of American voters disapprove of Obama) can lead to divided government even within own party.Skinner’s thesis of partisan presidency and how it can impact presidential achievement and SC decision. Obama had almost no success in developing productive relationship with Congress. Ie. failure gun control, reflects constitutional limits

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Stretching of POTUS power - Sea change in presidency after 1930s. After FDR the presidency experienced a growth in executive power after the GD and the intervention in WW2 after Pearl Harbour in 1941, led to abandonment of isolationist FP in favour of ‘worlds policemen’. Led to suppression of conventional restrictions ie. marble cake federalism. Schlesinger called Nixon’s presidency imperial (1973) due to abuses in power in Vietnam and Watergate. Social Circumstances - Bush arguably restored presidential power in the wake of 9/11, used powers to go to war with Iraq ‘War on Terrorism’. Congress was more ideologically cohesive. Clinton had some successes but this was limited due to disputes ie. Gingrich attacked Clinton on Lewinsky and his FP, labelling him as a ‘degrading’ president. Alternatives - Use policies and appointments in order to get around divided government ie. have a politically diverse to gain cross-party support in Congress. Variety of methods to get around limitations ie executive orders or agreements. EA hold same weight as treaties, agreement between heads of govt. With 2+ nations - not ratified by legislatures unlike treaties ie. North American Free Trade Agreement (1994), treaty with Canada. US and Mexico.

‘The power and influence of the Executive Office of the President far exceed those of the cabinet’. Discuss.

Introduction ●

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Structure of Cabinet - Constitutional basis lies within Article 2 Section 2 ‘He may require the Opinion in writing in the Principal offices in each of the Executive departments.’ Used to be 3 departments, now 15. Differs from UK Cabinet where cabinet members cannot be part of Cabinet and Congress ie. Biden and Hillary Clinton. Structure of EXOP - Developed after the observation of the 1937 Brownlow Committee as the presidency grew and the POTUs ‘needs help’. Created in 1939. Cabinet

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POTUS has greater choice in Cabinet appointments compared to UK Cabinet. Can appoint people of variety of backgrounds ie. academia and banking, ie. Obama elected Tim Geithner as Treasury Secretary (2009-2013). By appointing specialist allows individual to be effective in their work, unlike UK where they elect generalists. Very influential ie. Bush relied heavily on Dick Cheney (VP) for administration of policies regarding campaign against terrorism. Wide pool of appointments allows POTUS to get through constitutional limits and rally political support in favour of political agenda. With bipartisan nominations can gain cross-party support in Congress, passing laws and reducing impact of divided government. Such appointments can appease to certain interest groups ie. Clinton wanted a cabinet that ‘looked like America’ ie. Obama’s first Cabinet had 7/22 women and 10/22 ethnic minorities, Trump first cabinet 4/24 women and 4/24 ethnic minorities.

EXOP ●

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Cabinet has the role of implementing the president’s agenda, however the president doesn't entirely trust their cabinet members’ close links with federal agencies due to fear of ‘going native’ and the individual fall victim to ‘iron triangles’. Susceptible to agency capture and clientelism. Arguably due to lack of collective responsibility as seen in UK. Individual can lose sight of presidential policy agenda, with the POTUS unable to exercise control. Iron triangles weakens role of Cabinet, however important to consider Hugh Heclo ‘no President has left the Office extolling the virtues of cabinet government’. Powerful alternative to Cabinet. Proximity of EXOP in West Wing of White House means that it’s easier to talk to the POTUS. In contrast, whole Cabinet meeting are rarely held ie. Kennedy, limiting power and influence. Further reinforced, POTUS has freer hand in appointments as aren’t subject to Senate confirmation and congressional oversight, in accordance with agenda - trusts advisers in EXOP. EXOP seen as president’s personal bureaucracy working under direct control. Lack divided loyalties as seen in Cabinet. EXOP includes National Security Council that advises POTUS in foreign and military matters. Led to influential decisions ie. decision to follow through on raid that killed Osama bin Laden in May 2011 was after the meetings of NSC.

‘Assess the significance of the Cabinet in the executive branch of the US government’. Introduction ●

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Constitutional basis - Article 2, Section 2: ‘he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices.’ Consists of 15 departments, was 3 under Framers. Heads of federal dept. Referred to as Secretaries. For

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Ideologically Divergent - An attempt around checks and balances on the POTUS, cross-party appointments can promote bipartisanship. Ie. 2008, Obama appointed Robert Gates to remain as Defense Secretary. This limits the impact of divided government and asserts an effective and functional government. American Representation - Attempt to make admin. Relevant top country. Clinton wanted a cabinet that ‘looked like America’. Members from different racial groups ie. 7/22 women, 10/22 ethnic minorities compared to Trump 4/24 women and 4/24 ethnic minorities. Effective ie.Condoleezza Rice, relied on heavily by Bush for implementation of democracy in Middle East Specialists - Expertise allows outstanding contribution to the Cabinet ie. Obama appointed Timothy Geithner to Treasurer due to his background as President of the Federal Reserve Bank of New York from 2003 to 2009. Unlike UK where they appoint generalists.

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Collective Responsibility - Aid president in decision-making and coordination of the work. Despite help, POTUS is not obliged to follow through on suggestions, ‘Seven nays, one aye the ayes have it’ (Lincoln). Arguably due to lack of collective responsibility where there is no primus inter pares, unlike UK. Cabinet also have no executive power outlined in Constitution, thus reducing significance of Cabinet. ‘He doesn’t sum up at the end of a meeting; he is the meeting’ (Prof.Anthony King) Agency Capture - Lack responsibility makes liable to agency capture. POTUS doesn't trust close relationships with federal agencies as they can form iron triangles and lose sight of the presidential agenda. In this event, POTUS cannot exert influence or power within these relationships (vulnerable). ‘Go native’. Individuals - Some individuals are more important than others ie. Defense Secretary has a greater role compared to Secretary of Education. Therefore, POTUS rarely holds whole cabinet meetings (Kennedy), unlike UK where this occurs weekly. EXOP - Alternative centre of power, arguably more significant due to proximity (West Wing of WH), easier to get hold of POTUS. Also greater trust of members due to unlikelihood of agency capture, due to the fact that they are in direct control of POTUS. Described as presidents ‘personal bureaucracy’

‘In practice there are no constraints on the power of a popular US President’. Evaluate this statement. Introduction ●

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Theory - Subject to several constitutional restraints, created by Framers in order to prevent a tyrannical ruler from having too much power. Includes: impeachment, Senate confirmation, judicial review Practice - Presidential veto, imperial presidency and executive agreements. Also depends on social circumstances. For

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Senate confirmation - "advice and consent" is a power of the United States Senate — in this instance, the power to approve appointments by the President of the United States to public positions, including Cabinet secretaries, federal judges, and ambassadors. Presidents often appoint members that are more likely to be confirmed by Senate. Ie. 2010 SC confirmed SC justice Elena Kagan. Also true for treaties, limiting scope for POTUS, ie. 2013 Senate didn’t ratify UN Arms Trade Treaty in fear of leading to gun control, limiting presidential policy process. Impeachment - Article 2, Section 4 makes the POTUS liable to impeachment for “conviction of, Treason, Bribery, or other High Crimes and Misdemeanors." Impeachment used on 2 accounts, Clinton (1998) and Johnson (1868). True for Clinton, who despite his popularity was on impeachment trial on charges of perjury and obstruction of justice. Reflects that constraints still exist, despite popularity. Judicial Review - Madison v Marbury (1803) extended Supreme Court power to judicial review. Actions can be declared unconstitutional. Clinton v NYC (1998), Line Item Veto violated Article 1, Section 7 as the Constitution only allows a POTUS to veto an entire bill. Hinders power of POTUS.

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Imperial Presidency - After Pearl Harbour in 1941, presidential power increased and the checks and balances arguably diluted. Led to ‘imperial’ presidency, as labelled by Schlesinger (1973). Also true for Nixon who abused the power of the President ie. invasion of Cambodia as an extension of Vietnam War, and abusing executive privilege in Watergate. Presidential Veto - Article 1, Section 7 of Constitution means that POTUS can veto acts of Congress. Ie. 2015 Obama vetoed Keystone XL Pipeline Approval Act. In order to overturn this, Congress requires a majority vote of ⅔. This is further enhanced by a pocket veto in which a POTUS can leave a bill on his desk, preventing it from becoming law in the last 10 days of a presidential session. Used once by Bush, significant as Congress can’t override this. Executive Agreements - Alternative route, avoiding Senate confirmation of treaties. Senate confirmation reducing POTUS power ie. 1919 Senate rejected ToV, so the US didn’t join the League of Nations. However, through executive Agreements, international agreements without Senate approval.Increasingly common for a POTUS to utilise. Social Circumstances - Constraints on POTUS dependent on social circumstances. Bush 9/11 allowed him to engage in military adventures (ie. invasion of Iraq) due to support by media and public.

‘More imperial than imperilled’. Discuss this view of the US presidency. Introduction ●

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Imperial - Coined by Arthur Schlesinger (1973) to outline monumental increase in presidential power. Starts with FDR who enjoyed considerable power after Pearl Harbour attack in December 1941. Conventional restrictions dissolved, leading to revolutionary changes to presidency, ie. marble cake federalism. Imperilled - President with limited powers, after the fall of Nixon in 1974 where Congress reasserted its powers, leading to the ineffective presidencies of Ford and Carter. Led to decline in presidential power. Also depends on social circumstances, charisma and working relationship with Congress. Imperial

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Foreign Policy - Congress can become ostracised, despite Framers attempt to act as check on executive. Seen in turning point of US v Curtiss-Wright Export Corp. (1936) where SC declared that the executive alone has the right to negotiate with foreign states. Further enhanced by Art. II, Sec 2 where the POTUS has constitutional basis, ‘all executive power is vested in one POTUS’, thus allowing decision making with foreign states to POTUS alone. Also seen in the fact that the POTUS has access to the nuclear codes. Power to launch an attack lies within the POTUS, emphasised by Schatz ‘push a button and 20 minutes later 60 million people are dead’. Immense power suggest imperial. Enhanced power in foreign affairs could be due to social circumstances as seen under Bush who was allowed to invade Iraq after 9/11 due to partisanship. Bush saw a resurgence of imperial presidency as constitutional limits on Congress dissolved, less divided government, although this disappeared in his second term when he became a ‘lame duck’ Domestic Policy - Imperial presidency has also leaked into domestic sphere through the use of presidential powers ie. vetoes and prosecutorial discretion. Through vetoes, president can veto acts of Congress, as outlined in Article II of the Constitution. The pure threat of vetoes can push Congress to follow presidential agenda. Eg. Obama used the presidential veto on the Keystone XL Pipeline Approval Act. Veto also enhanced by pocket veto, which Congress cannot override, as in the regular veto. This suggests an imperial presidency as the POTUS can veto legislation that isn’t in accordance with his agenda.

Imperilled ●

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Congress - Congress has acted as an effective check on presidential power through the ‘power of the purse’ and the rejection of legislative proposals, leading to imperilled presidency. President Clinton healthcare reforms failed to be passed in Congress ini 1993. Also true for the DREAM Act. This would have given citizenship to millions of children brought to USA by illegal immigrant parents. Failure to assert presidential policy agenda suggests that the POTUS has become increasingly imperilled. As for power of the purse, Congress can choose to defund presidential proposals, as seen in 2013 when Congress failed to agree on budget for Obamacare, leading to a federal shutdown. Supreme Court - Under Marbury v Madison (1803), SC can exercise judicial review and thus declare acts of President as unconstitutional. Used on several occasions such as US v Nixon which ruled that executive privilege cannot be used in criminal cases. Turning point in presidency as it led to reduction of presidential approval rates and trust, making way for Congress to reassert its powers ie. impeachment. Also true for Clinton v NYC (1998) in which the Line Item Veto was declared unconstitutional due to its unilaterally powers and violation of Art. 1, Sec 7. Reduced POTUs power of presidential veto, can only veto an entire bill, not parts of it.

‘The President only has the power to persuade’. Discuss. Introduction ●

Within the Constitution, the US has a variety of powers to exercise however most of these are checked by his respective branches of government. Thus a variety of informal powers are adopted in order to carry out his duties and functions. Include power to persuade Congress, executive departments and the public to accept his policies, treaties and actions. Richard Neustadt (1960) argues that presidential power is not only limited to what's based in Article 2.Hence, the success of the POTUS depends on his ability to bargain, negotiate and create successful relationships. For

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State Governments - ‘I sit here all day trying to persuade people to do the things they ought to have the sense to do without my persuading them. That's all the powers of the President amount to’ (Harry Truman).The Framers intended for the legislative process to be difficult, hence the need for state ratification. The president needs to persuade state governors to achieve his goals. Often leads to frustration, ie Eisenhower failed to convince the governor of Arkansas to racially integrate schools in the wake of the landmark case Brown v the Board of Education (1954) Dependency on Congress - Need cooperation of Congress to pass legislation that he proposes. Congress has the power of the purse and thus determines the budget for legislation. Congress can choose to defund presidential proposals, as seen in 2013 when Congress failed to agree on budget for Obamacare, leading to a federal shutdown. Also seen under Clinton where his healthcare reforms in 1993.

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Weakened Impact of Persuasion - After the Nixon presidency, the POTUs arguably has reduced power due to Congress reasserting its powers ie. impeachment and the War Powers Act (1973). Thus the POTUS relies heavily on the power to persuade, although this isnt always effective due to increased criticism of the president, as seen in the reduced presidential approval ratings. Scandals - The Iran-Contra Affair was a secret U.S. government arms deal that freed some American hostages held in Lebanon but also funded armed conflict in Central America. In addition, the controversial dealmaking—and the ensuing political scandal—threatened to bring down the presidency of Ronald Reagan.President Ronald Reagan, wasn’t able to maintain the momentum for his Republican colleagues, and the GOP was swept from the majority in both the Senate and House of Representatives in the 1982 midterm elections.The results would complicate the president’s agenda. During his campaign for the White House, Reagan had promised to assist anti-Communist insurgencies around the globe, but the so-called “Reagan Doctrine” faced a political hurdle following those midterm elections. Foreign Policy - Congress can become ostracised, despite Framers attempt to act as check on executive. Seen in turning point of US v Curtiss-Wright Export Corp. (1936) where SC declared that the executive alone has the right to negotiate with foreign states. Further enhanced by Art. II, Sec 2 where the

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POTUS has constitutional basis, ‘all executive power is vested in one POTUS’, thus allowing decision making with foreign states to POTUS alone. Also seen in the fact that the POTUS has access to the nuclear codes. Power to launch an attack lies within the POTUS, emphasised by Schatz ‘push a button and 20 minutes later 60 million people are dead’. Immense power suggest imperial. Enhanced power in foreign affairs could be due to social circumstances as seen under Bush who was allowed to invade Iraq after 9/11 due to partisanship. Bush saw a resurgence of imperial presidency as constitutional limits on Congress dissolved, less divided government, although this disappeared in his second term when he became a ‘lame duck’ Veto - Through vetoes, president can veto acts of Congress, as outlined in Article II of the Constitution. The pure threat of vetoes can push Congress to follow presidential agenda. Eg. Obama used the presidential veto on the Keystone XL Pipeline Approval Act. Veto also enhanced by pocket veto, which Congress cannot override, as in the regular veto.

‘Assess the view that in practice, presidential power is restricted to issues relating to foreign...