Political Science 101 POLS: American Government - Presidency Formal Powers Article II Informal Powers Electoral College Cabinet Executive Orders Signing Statements Veto War Powers Resolution Impeachment

1. What This Is & Why It Matters

The Presidency is the highest office in the United States, encompassing both formal and informal powers that shape the country's domestic and foreign policies. Without understanding the Presidency, you can't explain why some presidents succeed while others fail, why the executive branch often clashes with Congress, or how the United States navigates international crises.

Consider the example of President Barack Obama's use of executive orders to bypass Congressional gridlock on immigration reform. In 2014, Obama issued an executive order (Deferred Action for Parents of Americans and Lawful Permanent Residents, or DACA) allowing millions of undocumented immigrants to remain in the United States without fear of deportation. This move sparked a heated debate over the limits of executive power, with some arguing that Obama overstepped his authority and others seeing it as a necessary response to Congressional inaction.

2. Essential Thinkers, Concepts & Models

• Montesquieu: Argued that power should be divided among separate branches of government to prevent tyranny. His ideas underpin the US system of checks and balances.
• Alexander Hamilton: Advocated for a strong executive branch, arguing that it was necessary for effective governance. His views on executive power continue to influence US politics.
• The Unitary Executive Theory: Suggests that the President has absolute authority over the executive branch, with no need for Congressional approval or judicial review.
• The Separation of Powers: A fundamental concept in US government, separating the legislative, executive, and judicial branches to prevent any one branch from dominating the others.
• The Vesting Clause: Article II, Section 1 of the US Constitution, which grants the President the power to execute laws and serve as commander-in-chief.
• The War Powers Resolution: A 1973 law that requires the President to notify Congress within 48 hours of deploying troops and to obtain Congressional approval for continued military action after 60 days.
• Impeachment: The process by which Congress can remove the President from office for "high crimes and misdemeanors."
• Executive Privilege: The President's claim of executive privilege, which allows them to withhold information from Congress or the courts.
• Signing Statements: A document signed by the President when they sign a bill into law, expressing their views on the legislation and sometimes indicating their intention to disregard certain provisions.
• Veto Power: The President's ability to reject a bill passed by Congress, returning it to the legislative branch with their objections.

3. Step-by-Step 'Political Analysis'

1. Identify the key players and their interests: In the context of the Presidency, this means understanding the President's goals, the Congressional majority's priorities, and the judiciary's role in interpreting the Constitution.
2. Analyze the institutional context: Consider the formal powers granted to the President by the Constitution, as well as the informal powers that have developed over time.
3. Examine the historical and theoretical context: Study the evolution of the Presidency, including the influence of thinkers like Montesquieu and Hamilton, and the impact of events like the Civil War and World War II.
4. Evaluate the evidence: Use data, case studies, and expert opinions to assess the effectiveness of different Presidential strategies and the impact of various constitutional provisions.
5. Develop a hypothesis or argument: Based on your analysis, propose a theory about the role of the Presidency in US government or the implications of a particular constitutional provision.
6. Test your hypothesis: Use empirical evidence and logical reasoning to support or refute your argument.

4. Common Student Mistakes

• Misconception: The President has absolute authority over the executive branch.
• The right view: The President has significant authority, but it is limited by the Constitution and the system of checks and balances. For example, the Supreme Court has ruled that the President's power to fire executive branch officials is not absolute (Buckley v. Valeo, 1976).
• Misconception: The War Powers Resolution is a constitutional amendment.
• The right view: The War Powers Resolution is a statute passed by Congress in 1973, which requires the President to notify Congress within 48 hours of deploying troops and to obtain Congressional approval for continued military action after 60 days.
• Misconception: Impeachment is a process for removing the President from office for any reason.
• The right view: Impeachment is a process for removing the President from office for "high crimes and misdemeanors," as defined by Article II, Section 4 of the US Constitution.

5. Exam/Essay Tips

• Multiple-choice questions: Be careful to distinguish between formal and informal powers, and to recognize the limits of the President's authority.
• Free-response questions: Use specific examples and historical context to support your arguments, and be sure to address both sides of the issue.
• Trap distinctions: Be aware of the differences between concepts like the unitary executive theory and the separation of powers, and be able to explain why one is more relevant to a particular question than the other.
• Integrating the topic into an argumentative essay: Use the Presidency as a lens through which to examine broader issues in US government, such as the balance of power between the branches or the impact of executive actions on civil liberties.

6. Quick Practice Scenario

A president deploys troops without Congressional approval – which constitutional principle is at stake?

Answer: The War Powers Resolution.

Justification: The War Powers Resolution requires the President to notify Congress within 48 hours of deploying troops and to obtain Congressional approval for continued military action after 60 days.

7. Last-Minute Cram Sheet

• Montesquieu: Argued that power should be divided among separate branches of government to prevent tyranny.
• Alexander Hamilton: Advocated for a strong executive branch, arguing that it was necessary for effective governance.
• The Unitary Executive Theory: Suggests that the President has absolute authority over the executive branch, with no need for Congressional approval or judicial review.
• The Separation of Powers: A fundamental concept in US government, separating the legislative, executive, and judicial branches to prevent any one branch from dominating the others.
• The Vesting Clause: Article II, Section 1 of the US Constitution, which grants the President the power to execute laws and serve as commander-in-chief.
• The War Powers Resolution: A 1973 law that requires the President to notify Congress within 48 hours of deploying troops and to obtain Congressional approval for continued military action after 60 days.
• Impeachment: The process by which Congress can remove the President from office for "high crimes and misdemeanors."
• Executive Privilege: The President's claim of executive privilege, which allows them to withhold information from Congress or the courts.
• Signing Statements: A document signed by the President when they sign a bill into law, expressing their views on the legislation and sometimes indicating their intention to disregard certain provisions.
• Veto Power: The President's ability to reject a bill passed by Congress, returning it to the legislative branch with their objections.

Separate but equal was overturned by Brown v. Board – Plessy v. Ferguson was the earlier, racist ruling.

8. Further Study Resources

• American Government: Stories of a Nation by David M. Kennedy, Lizabeth Cohen, and Thomas A. Bailey
• Khan Academy's US Government unit
• Crash Course Government on YouTube