Executive Power in US Politics

Executive Power

Executive Power Example
Executive Orders
  • Directive issued to officers of the executive branch, requiring them to take or stop taking an action, alter policy, change management practices, or accept a delegation of authority
  • Used to be an informal process, but now a proper process
  • Published and numbered in Federal register
Exec. Order 13492 (issued by Obama in 2009 ordering the closure of Guantanamo Bay)

Exec. Order 13543 (2010, Obama placed a moratorium on new offshore oil drilling after the 2010 BP oil rig blowout in the Gulf of Mexico)
Presidential Memoranda
  • Pronouncement directed to executive branch officials
  • No publication in the federal register
  • Below the radar of media
War powers 15.12.11
Presidential Proclamations
  • States a condition, declares law and requires obedience, or recognises an event (also pardons)
  • Binding on the public
  • Published in the Federal register
Wright Brothers day 15.12.11
National Security Directives
  • Formal declaration to an agency or department head of a presidential national security decision
  • Not published and mostly classified
NSPD-9: Combating Terrorism 25.10.01
Impoundment
  • President refuses to spend funds appropriated by Congress
  • Congress has restricted this practice (1974, 1987)
  • He can only propose to permanently rescind funds, but Congress must approve within 45 days
Signing Statements
  • A written comment issued by a President at the time of signing legislation. Often signing statements merely comment on the bill signed, saying that it is good legislation or meets some pressing needs.
  • Used as de facto line item veto since Reagan, then after line item veto was declared unconstitutional in 1998 (Clinton v city of New York)
Obama's statement on signing American recovery and reinvestment act 2009

Why use executive powers?

⇒ Quick in an emergency situation

⇒ Pay debts to important groups without committing too many resources

⇒ The executive powers don’t attract much attention

⇒ Signing statements prevent vetoes of complex/end of session legislation

Why not use executive powers?

⇒ Contribute to accumulation of power in executive hands

⇒ Makes it more difficult for successors to govern

⇒ Undermine existing administrative law procedures

⇒ Easy for the next administration to undo

Importance of the Vice-President

⇒ 'Balances the ticket' in elections providing experience or expertise

⇒ Taking responsibility in specific areas of policy

⇒ The VP works as an 'attack dog', critiquing opponents more forcefully than the President can

⇒ The VP stands in for the president

⇒ The VP acts as a cheerleader, taking the lead on potentially unpopular policies

⇒ The role of VP reached a new level of importance during the tenure of Dick Cheney, principally because of Bush's relative inexperience in several key areas; Joe Biden had assumed an increasingly high-profile role as VP, but did not match Cheney's influence (Cheney was a key neo-con who pushed for Iraq 2003)

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