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Glossary of Presidential Power Final

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Operations is Policy
Source: Carlos three Faces of Presidential Power.
One of the ways in which presidents can achieve policy objectives "by using the discretion permitted in the implementation of existing laws rather than advancing these policy aims through new legislation." In many areas, "operations is policy". The attempt to achieve administratively what a President cannot do legislatively.
Weak remains the word with which to start
Source: Neustadt
The President is a Clerk. The Con Convention created a gov of separate institutions sharing powers. To share is to limit. The President is weak and is unable to make sig change without Congress. The President must rely on a combination of personal persuasion, prof rep, and public prestige to get things done
When the President does it, that means it is not illegal
Controversial statement used by Nixon to justify his use of illegal tactics in the Watergate Break-in. Nixon knew it was illegal but thought he was exercising executive prerogative. This is an example of the subjective nature of implied or informal powers
Active-negative
James Barber, the Psychological Presidency
Activity levels are the energy brought to the job. Describes a person who works hard but does not gain much pleasure from it. Tends to be intense, compulsive, and aggressive. Pursues public actions in a self interested manner. Such a person generally feels insecure and uses his potiion to overcome feelings of inadequacy and even impotency. Adams, Wilson, Johnson, Nixon
Active-positive
James Barber, the Psychological presidency
This type is an energetic president who enjoys his work and tends to be productive and capable of adapting. Generaly confidant and good about himself. fdr, jefferson, kennedy, clinton. Barber argues that personality and performance are linked. Critiques by Nelson are that Barber does not base his theory upon established psych theories. Never met presidents either.
Agenda setting
The president has many tools to hlep him set the national Agenda. EDWARDS- talks about the ability to frame issues and prime the public (which is to say, setting the national agenda through the exercise of rhetorical power). Can set agenda through leg. through unilateral (Howell).
Appointment power
Aberbach and Rockman; David Lewis
Article II gives the president the power to appoint. and the power to appoint lesser officials. chosen based on will. A & R moderna presedents constrained by party desire, competence, diversity. May not ensure quality govenrance. Use the power to contol agencies, gain political capital. major tool in the consolidation of executive branch
Boumediene v. Bush
DEalt with suspension of habeas corpus at Gitmo via Mil Com Act 2006. Ruled 5-4 it was unconstitutional and that Boum has rights. Kennedy said we had sov over Gitmo
Budget and Accounting Act
1921
President must submit annual budget. Created Bur of Bud now OmB to review funding requests and assist in formulating budgets.BAA increased PP
Budgetary Authority
responsibility delegated by Congress that empower agencies to spend funds. can specify criteria. appropriations, authrity to borrow, contract authrotiy, and authroity to obligate and expend offsetting receipts and collections. can make definite or indef. Permanent authroity requires no current action by Congress. Exec imp Cong app
Bully Pulpit
A bully pulpit is a public office or other position of authority provides the pres to speak out and belistend to.
Bring things to frefront. cointed by tr. Rhetorical face.


Chief legislator
One of the six major roles of the President of the United States is Chief Legislator. As such the President gives info via Stat of Union, to recommend. He also signs or vetos.
Frame issue. Frame debate
Clinton v. New York
Supreme Court ruled that line item veto granted in Line Item Veto Act of 96 violated the Presentment clause because it gave the President power to amend or repeal parts of statutes that had been passed by Congress. decision delivered by Stevens. Restriction
Congressional Budget Act and Impoundment Control Act of 1974
The act passed by Congress in 1974 was discussed by Rudalevige. In response to Johnson and Nixon. reinveted the leg budget process- prohbited. Deferrals and Recissions. created new budget comm, deadlines, and CBO check against OMB. Taken during resurgence regime.
Critical Period
discussed in Yoo and Pfiffner
history- a of c failed with no executive. States began to experiement with executive. Yoo sees this as proof pres is strong. Pfiffner argues to the contrary that the framers wanted president to be weak.
expediency vs. limitation

Energy in the Executive
Alexander Hamilton in Federalist 70. Energy is synonomous to good government Four ingredients: unity, duration, adequate provision for support, competent powers. Yoo agrees. Carlos balances with accountability. Examples of energy
Enhanced interrogation techniques
The term Bush used to define torture in Gitmo. August 1, 2002 Memorandum to Alberto Gonzales to the President, Bybee states the administrations thoughts on torture in the Geneva Conventions.Said 1extreme acts 2selective penalties 3techniques arent intenst 4prosecutions would be unconstitutional 5 necessity or self defense may justify interrogation methods
Executive agreements
Carlos
Inofrmal treatines. 150- 350 from Truman to Bush
Executive Directives
tools in exec. orders, proclamations, agreements, memoranda, administrative orders, national security directives, determinations, letters, sigining statements, others.
transfer of power
command to administration or others. implementation of law or policy

Executive immunity
Nixon
Cocnceptions of executiv epower
limits on executive power
how should it be checked


Executive privilege
The power claimed to resist and ignore subpoenas. traced to secrecy- machiavelli and mansifeld. tnesion between checks and prerogative
First-mover advantage
Carlos
if president acts first he will most likely get his way
acts and sends policy far right/ Congress will try and correct, but will have trouble shifting back, if they reverse he will veto

Going public
Kernell
Goldwater v. Carter
challenged the right of Carter to nullify Sino-American Mutual Defense Treaty. Renhnquist said political, Powell said pass law. either way president can nullify treaties
Habeas Corpus
writ or legal action through which a person can seek relief from unlawful detention, or the relief of another person.
Hamdan v. Rumsfel
limited presidential power. no military commissions
Humphreys Executor v. United States
decided that the president did not have the powers to remeove certain executive officials of a quasi legislative quasi judicial ad body created yby congress for purely political reasons and without Cong consent.
INS v Chadha
legislative veto on implementation
Supreme court said unconstittuional
Impoundment
the rfusal of president to use funds
curtailed by Cong Budet and Impoundment Control Act of 1974
discussd in Neustadt
line item veto


Individualized pluralism
Kernell
transitioned from institutionalized to individualized pluralism.
Persuading no longer feasible because everyones minds made up
small number of fixed groups with major players (institutionalized pluralism)
indi p makes it so that everyone has opinon
this makes going public more attractive
the change because of reduction of party loyalty, the rise of poli entrepreneurs, increase in interest groups





inherent vs. implied powers
article 2 vs. vesting cluause
checks are youngstown
institutional pluralism
old way s of Washington. Parites were more institutionalized. votes went along lines
Iran-Congra
Senior US figrues tried to facilitate the sale of arms to Iran (though it was subject to embargo) portion of the proceeds were to fund Nicaraguan contras. the sale would secure release of hostages in Lebanaon. Reagan immediately appointed the Tower Commission. Reagan found innocent, others guilty. All those people were pardoned at end of Bush 41 presidency.
Korematsu v US
interned Japanese. Court argued that need to protect against espionage outweighed individidaul rights. strength. Murphy dissent because of race. Jackson says court shouldnt rule on military stuff
Legislative veto
power to reject actions of president. Court rules that it is unconstitutional. Arose in US primarily over actions relating to reorganizing agencies, tariff rates, and disposal of federal property. INcreased to regulations by executive. Court ruled it dead because it violated bicameralism and presentment clause
Line-item veto
abilit to nullify or cancel specific provisions of a bill. supreme court struck it down in 98. Bush asked for another
Majority vs. Plurality
50 vs. most
Myers v US
decision ruling that the president has the exclusinve power to remove executive branch officials and does not need Senate approval.
national security dricetives
presidential directives or decision directives are a form of an executive order isseud by prez with advnice and consent of national security council.
The Office of Managmenet and Budget (OMB)
Cabinet level office. evalutates the effectiveness of agency programs, policies, and procedures. ovversees admiistration. role is to improve admin managemtn
Orthodox innovation
Skowroneck
Bush
Paradox of presisential failure
icreasing resources but waning performance. article deals with failed presidential decision making and failure of interbranch collaborative decision making.
failures of authroity and failures of legitmaacy
paradox of modern presidency- greater resources, more powers. but hard falling

passive negative
barber
character worldview style influential in how he exercises power. abhor public office. withdrawn.
passive positive
receptive laid back who wants agreement and no disssent
Path-dependence
history and institutions. highly determined/ critical juncture
poltical time
skowronek
cycle
empahsized context and history

poltics of articulation
era of time following reconstruction
politics of disjunction
regime losers. regime is dead.spend time gaiingin support/
politics of preemption
outgoing regime still valid, but incoming guy is in oppoisiotn
politics of reconstruction
reagan order shattering effects
presidential box score
indicates the percentage of presidential proposals approved by Congress. The best and most used measure of success. Also not based exclusively on decisions made in roll call votes. One problem is reliabilty; dtermining what to count as a request
presidential memoranda
a type of order . less prestigious than executive orders. There are three types of memorandum: presidential determination or presidential finding, memorandum or disapprova, and hortatory memorandum
presidential success score
scores based upon surveys of popular opinion and historians
presidential support score
refers to a presidential support rating frmo Congress based on the prez pliciy initiatives and stances. Fluctuates on party control and
proclamations
issue law recognize an event or trigger legal implemenation of a specific law.
professional reputation
reputation amongst lawmakers
public prestige
public support
quasi-judicial and quasi legislative
when agency makes rules it acts quasi legislatively. prez can only move certain quasi legis
from humphreys
rally around the flag
effect where there is a lot of support after crisis
Carlos
Regulations
Tool from executive face of power/ instruments for admin legislativ
Almost impossible to know which regulations are in effect and that measuring their impact is even more diffibult.
Carlos and Fisher

REcissions and Defferals
deferrals and recissons after the ICA of 74. recission effects only take effect if adopted by chammbers within 45. deferral could be vetoed by one house
signing statement
administrative order
stare decisis
principle courts are to follwo decisions and precedents.
the executive face
three faces. instruments. admin
stronger president than Neustadt thought
the imperial presidnency
Schlesinger categorizes the rise of pres power
concerns its out of control and that its exceeded constitutiona limits
soft data: growth of office, resources, boldre claims, delgation of powers
Congressional resurgence:




legislative face
bargaining
adjourn
Pacificus-Helvidius debates
Madison wanted explicit pwers. didnt think washington had power to make proclamation of neutrality
prize cases
lincoln
psychological presidency
theory attemtps
character worldview and styel
resurgence regime
chapter 4 of imperial presidency
pracy act, acts in 72- 78
enhance public trust in government

rhetorical
broader than rhetorical
torture memos
memo sent from bybeep stipulated how far
defien torute
torture statute is unconstitutional
leadked in 2004


US v Curti s
case dealt with Congress fdr
transformational leadership
leadership that creates valuable and positive change in the follwoers with the end goal of devloping follwoers into leaders. motviation moral and prefomance. conect ot mission and identity
two track
energy v accountability
all specific cases
unitary executive
executive has mad power
uno solo
trait necessary for a powerful exec. machiavelli. rule by oene person. no need for consent. all blame one place
veto signaling
threatens to veto
fisher
war powers resolution of 73
requruies pres to notiy Congress within 48 hours of commiting and forbids arm forces from remaining more than 60 days.
youngstown
limited power of pres to seize private property

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