How powerful is he?

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The Power to Persuade

“I sit here all day trying to persuade people to do things they ought to have enough sense to do without me persuading them. That’s all the powers of the President amount to”.

President Harry S Truman

The classic definition of Presidential power in the United States is that of political scientist Richard Neustadt.

Writing in the 1970s, he described presidential power in the United States as "not the power to command, but the power to persuade."

In truth, the President has more than a few constitutional and extra constitutional cards to play.

The Power to Convene Congress

The President can call both houses of Congress together in times of national crisis.

Once a year the President speaks to Congress and the nation directly with his State of the Union speech. This outlines the President’s plans for the year ahead.

The President can use the State of the Union address to go over the heads of Congress and, hopefully, win public support for his plans.President Obama State of the Union Address,

February 2010.

Commander in Chief

Current military campaigns are, of course, Operation Iraqi Freedom and Operation Enduring freedom: Afghanistan

“I'm a war president. I make decisions here in the Oval Office in foreign policy matters with war on my mind”

George W Bush

It is perhaps in foreign policy that the President’s powers are strongest. The President becomes the Commander in Chief of the US military, the most powerful force in the world, the moment he is sworn into office.

Only Congress can declare war. But, the “Commander in Chief” can initiate military action abroad without a formal declaration of war.

The President can also make treaties with other countries (subject to 2/3 of the Senate agreeing).

Patronage

Supreme Court Bush appointee, John Roberts.

Supreme Court Bush appointee, Samuel Alito.

US Ambassador to United Nations Bush appointee, John Bolton. President Bush knew the Senate wouldn’t approve Bolton’s appointment, so he appointed him while the senate was on holiday!

President Bush used his Presidential “get out of jail card” to commute the jail sentence of leading Republican Lewis “Scooter” Libby.

Presidential Power since 9/11

The terror attacks of 11 September 2001 gave a great boost to Presidential power, both domestically and in terms of foreign policy leadership. President Bush’s poll ratings were extremely high.

His neo-conservative backers; Vice President Dick Cheney, leader of the House of Representatives, Tom DeLay and party strategist Karl Rove, believed they could transform the Middle East with bold military action, using Presidential authority to bypass Congress and international treaties.

George W Bush and “Pre-Emptive” Power

“The President has stated a doctrine that he can just make up the law and create whatever other powers he wants on his own”.

Senator Russ Feingold

“If we wait for threats to fully materialize, we will have waited too long”

The Bush doctrine claimed a Presidential authority to pre-empt hostile acts against the United States. Determination of what constitutes such a threat was in President Bush’s view, solely a matter for Presidential discretion.

USA Patriot Act

"Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001“

Passed by overwhelming Congressional vote six weeks after 9/11, the Patriot Act allowed the Presidential office powers to;•Search suspects property at will•Detain suspects indefinitely•Undertake warrant less wiretaps•Obtain traditionally privileged trial information on terrorist suspects

Checks and Balances

America’s founding fathers were anxious to prevent any one person becoming over powerful.

This is why they set up a system of separation of powers between the Executive (President), the Legislature (Congress) and Judiciary (Supreme Court). This is usually referred to as “checks and balances”.

No branch of government can rule without the other. In theory, if one part of government attempts legislation which is unconstitutional, one or the other can intervene.

Veto Shuffle: Iraq

Veto Shuffle

Bush vetoes Iraq billSpeaker Pelosi on the presidential veto

The Constitution grants the President the authority to veto acts of Congress. Unless two-thirds of the members of each house votes to override the veto, the bill does not become law.

President Bush’s vetoesThe President has the power to veto legislation passed by Congress.

President Bush didn’t use his veto at all in his first term of office. But, into term two, as his popularity dipped and he became a “lame duck”, he was forced to use his veto on

• Stem Cell research• Iraq War Funds Bill• SCHIP• Waterboarding

Bush legacy: Supreme Court

John RobertsSamuel Alito

President Bush was able to appoint two judges.

Conservatives now, on paper, have a majority on the Supreme Court, which could change the law on issues such as abortion, the role of religion in schools and gay marriage.

Obama’s two appointees, both liberally minded, replace retired liberal Justices.

However….

"The Supreme Court normally does not reverse the President during wartime. But this President has claimed a lot of power, much of it under the guise of the state of war that we're in against terrorists. And I think what the Supreme Court is saying is that you've gone too far“.

Stephen J. Wayne, Georgetown University

The Senate must always approve any Presidential nominations. The Senate thoroughly vets and interviews appointees and blatantly partisan appointees would not pass.

The Supreme Court ruled that the imprisonment of terrorist suspects at Guantanamo Bay was illegal, much to President Bush’s dismay.

The verdict on President Bush?

“Hoover was a disaster. Warren Harding rates very low in the pantheon of presidents. It is very likely that Bush will be seen as a bottom feeder”

What do you think?!

Professor Robert DallekBoston University

In many ways, President Obama should have a lot going for him.

Presidents are normally most powerful in the first years of their first term.

Congress approved the President’s financial package to save the US economy.

The Democrats have control of both houses of Congress.

Obama has been able to appoint two Supreme Court judges; Sonia Sotomayor, the first Hispanic Supreme Court Justice and Elena Kagan.

But the president faced bitter and partisan opposition in the House and the Senate to his Health care reforms.

His approval ratings have plummeted.

And the Democrats may well lose their Congressional majorities in November’s mid-term elections.

Sum Up: The Main Powers of the President

The process of passing the Health Reform bill through Congress forced President Obama to abandon his "non-partisan", cross-party style of politics.

Every Republican Congressman voted against the Bill. Republicans opposed the Bill, primarily because they say it removes the individual's right to choose.

The Bill was eventually signed into law by President Obama in March 2010.

The President is likely to have further conflict with Congress.

In January 2010, the Democrats suffered a major shock when the party lost a Senate seat in Massachusetts. The seat, that of the late Senator Teddy Kennedy, had been in Democrat hands for over 50 years.

The Republicans now have 41 seats in the Senate and crucial leverage over the President. The mid-terms on November 2 2010, with all of the House and 36 Senate seats up for grabs, are likely to define Obama’s authority in the next two years.Congress passes health bill