Donald Trump won the presidency and the Republicans maintained their hold on the House and Senate in the 2016 elections.
Despite unified government, the Congress has not been as productive as it could have been.
The president's initiative doesn't end with policy making or the making of laws in the ordinary sense of the term.
Most executive orders of the president provide for the reor A rule or regulation ganization of structures and procedures or otherwise direct the affairs of the issued by the president that has the effect of law.
Executive orders have had the broader effects of legislation despite avoiding the formal legislative process.
The power to issue executive orders shows that although reputation and persuasion are required in presidential policy making, the practice of issuing executive orders, within limits, allows a president to govern without the necessity to persuade.
The powers granted by the Constitution and the laws made by Congress make up most of the influence of the modern presidency.
The power of the president is institutional.
Most of the power held by the strongest presidents in American history is held by a person who has been elected and sworn in as president.
The questions are related to the concept of presidential power.
The personal view of presidential power dominated political scientists' thinking for several decades, but recently scholars have argued that presidential power should be analyzed in terms of the strategic interactions that a president has with other political actors.
Understanding how the presidency has risen to its current level of influence will be aided by a bit of historical review.
Wilson's description of the national government was consistent with reality and the intentions of the framers.
Legislative supremacy was the clear intent of the Constitution when it was written.
The president was seen as little more than America's chief clerk in the early 19th century.
Andrew Jackson and Abraham Lincoln were the only exceptions to a succession of weak presidents after Thomas Jefferson.
Jackson and Lincoln are considered great presidents because of how they used their power.
In the history of the presidency, neither of them left their powers as legacies to their successors.
The presidency reverted to its previous role after Jackson and Lincoln left office.
The national government of the 19th century was not a particularly powerful entity, one of the reasons so few great men became president.
The presidency of the 19th century was weak because it was not closely linked to major national political and social forces.
Federalism diverted the energy of interest groups toward the state and local levels of government, where most key decisions were being made.
The national convention system of nominating presidential candidates strengthened the presidency in the 1830s.
The presidency did not change because the parties went back to their states and Congress after the election.
Congress kept a tight rein on the president's power as the national government grew.
When the national government began to exercise authority over an increasingly continentwide, industrial economy, Congress tried to keep this power away from the president and the executive branch.
Franklin Delano Roosevelt's administration was the key moment in the history of American national government.
The policies proposed by Roosevelt and adopted by Congress during the first 100 days of his administration changed the size and character of the national government so much that they are considered to be a moment in American history comparable to the founding or the Civil War.
During Roosevelt's presidency, the president's obligation to see that the laws be faithfully executed became a responsibility to shape the laws before executing them.
Many of the New Deal programs were extensions of the traditional national government approach.
The New Deal began intervening in economic life in ways that had hitherto been reserved to the states, by adopting types of policies never before tried on a large scale by the national government.
The Works Progress Administration was created by the Roosevelt administration during the Great Depression in order to put the able-bodied back to work.
The Social Security Act sought to improve the economic condition of the elderly.
The national government was able to regulate individuals as well as provide roads and other services.
The new programs were so dramatic that their constitutionality was in doubt.
The New Deal was in constitutional limbo until 1937, five years after Roosevelt was first elected and one year after his 1936 reelection.
Enhancement of presidential power was the most important constitutional effect of Congress's actions and the Supreme Court's approval of those actions during the New Deal.
The majority of major acts of Congress in this period involved exercises of control over the economy.
Some will argue that there are exceptions to this statement.
Congress tried to apply national minimum wage standards to state and local government employees.
Cases like this are very rare and only touch on part of a law, not the constitutionality of the entire program.
Most of the new agencies and programs were put under the authority of the president.
The power of the presidency had been increased.
The delegation of power is a form of congressional act.
The delegation of power works like this: (1) Congress recognizes a problem, (2) Congress acknowledges that it has neither the time nor the expertise to deal with the problem, and (3) Congress sets the basic policies and then delegates to an agency the power to fill in the details.
Congress gave the executive branch real policy-making powers, not just the power to fill in the details.
The level of delegation produced a fundamental shift in the American constitutional framework, and Congress can regulate the exercise of delegated power through hearings, oversight agencies, budget controls, and other administrative tools.
Congress made delegations of authority to the president made policy decision making shift to the executive branch.
Congress did so for a number of reasons.
The Supreme Court has never reversed those decisions.
Legislative power from Congress to the executive branch can be presumed to be constitutional.
The legislature was forced to delegate when World War II confronted the national government with management of the war effort.
The acts of delegation gave the president a bigger role to play.
The New Deal launched an era of presidential gov ernment.
Congress has many tools that it can use to try to get its executive agent to do its bidding.
They are agents of national constituencies who are eager to demonstrate leadership in executing policy agendas.
Presidents have other formal and informal resources that have implications for their ability to govern.
Without these other resources, presidents wouldn't be able to use the power and responsibility given to them by Congress.
Let us first consider the president's official resources and then look at the more informal resources that affect a president's capacity to govern, in particular, the president's base of popular support.
The United Kingdom and many other federal governments have more con departments than the Cabinet.
It doesn't make decisions as a group.
Cabinet members are not responsible to the Senate or Congress at large, even though each appointment must be approved by the Senate.
The Cabinet is not a party organ.
The formation of an effective governing group out of this disparate collection of appointments is unlikely because cabinet appointees generally have not shared political careers with the president or one another and because they may meet each other for the first time after their selection.
The Cabinet is important in managing policy for the president and his political associations, even though it is not always powerful.
Members of the Cabinet travel on the president's behalf, make policy speeches, and negotiate with other political leaders both at home and abroad.
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The Cabinet is given a formal role in determining presidential disability under the Twenty-Fifth Amendment.
The assistant to the president runs presidential foreign policy specialists.
The president usually turns to people from the secretary of state's office in Washington.
Presidents rely on the NSC and other bodies because executive management other officials invited by is inherently a personal matter.
Pres the president is a generalization.
The members of the White House staff are more closely associated with the president.
President Trump has made members of his family, including his daughter and husband.
Other members of his staff are not expected to overshadow the president.
White House staffers who have been close personal associates of the president have had a less intimate relationship with him.
It may insulate the president from other sources that perform defined information.
Managing this trade-off between in-house expertise and access management tasks for independent opinion is a major challenge for the president.
The Office of Management and Budget is the largest EOP agency.
OMB personnel are part of almost every presidential responsibility, including preparing the national budget, designing the president's program, reporting on agency activities, and overseeing regulatory proposals.
The power of the OMB has grown with each president.
The process of budgeting at one time was a bottom-up procedure, with expenditure and program requests passing from the lowest bureaus through the departments to "clearance" in OMB and hence to Congress, where each agency could be called in to reveal what its original request had been before it was revised
OMB sets the terms of discourse for agencies as well as for Congress in the budgeting process.
One of the most powerful officials in Washington is the director of OMB.
The staff of the Council of Economic Advisers tries to help the president anticipate events rather than reacting to them.
The NSC gives advice to the president on the large national security picture.
Some EOP agencies do more specialized work.
Depending on the personal orientation of the president, between 1,500 and 2,000 highly specialized staffers work for the EOP agencies.
The NSC staff was important because it was the personal staff of Henry Kissinger before he became the secretary of state.
It was unimportant to President George H. W. Bush, who turned to the Joint Chiefs of Staff and its chair at the time, General Colin Powell, for military policy matters.
The vice presidency is not in line with the constitution.
The electoral value of the vice presidency is the main value.
The most important rule for the choice of a running mate is that the candidate bring the support of at least 38 people.
The Vice President is provided in Section 3.
The only vote the vice president can have is this one.
John Kennedy would not have won the presidency in 1960 without the help of Lyndon Johnson and Texas.
Donald Trump chose Governor Mike Pence of Indiana as his running mate.
Pence was well known among conservatives because he was a conservative talk and radio show host.
Prior to serving as governor, Pence was in Congress for twelve years.
He worked to convince skeptical party leaders that Trump was qualified.
As a Midwesterner, he aided Trump's successful campaign in Michigan, Wisconsin, Ohio, and Pennsylvania, as well as increasing Trump's electoral appeal among social conservatives.
As the institutional presidency has grown in size and complexity, most pres idents of the past 35 years have sought to use their vice presidents as management resources after the election.
The presidency of George W. Bush resulted in unprecedented power and responsibility for his vice president, Dick Cheney, who was active in cabinet meetings and policy formation as well as in organizing the war on terrorism and launching the Iraq War.
One of the most influential vice presidents in American history is Cheney.
In the Obama administration, Vice President Joe Biden had a lot of influence as a liaison to Congress and as a sounding board for foreign affairs.
The liaison role with Congress and the conservative establishment has been served by Vice President Mike Pence.
The president's powers and institutional resources give the chief executive a significant voice in the nation's policy-making processes.
Presidents can't introduce legislation.
Members of Congress can propose new programs.
Presidents often send their proposals to Congress, which in turn sends them to the committee of jurisdiction.
Presidential preferences are said to be at odds with those in the House or Senate when these proposals are dead on arrival.
During periods of divided government, this is very common.
During periods of unified government, the president may seize the initiative if he has grand plans to change the status quo.
Franklin Delano Roosevelt's New Deal is one of the programs that have been encompassed by some of these initiatives.
Sometimes presidents try to create a single program that will have a significant effect on both the nation and their political fortunes.
President Obama launched a major health care policy reform in 2009.
During Obama's first term, the Patient Protection and Affordable Care Act was adopted, but it remained a contentious issue throughout his second term.
The Senate failed to pass a repeal and replace measure.
The Trump administration has used administrative tools to reduce the scope and effectiveness of the program.
There were no legislative attempts to repeal the health care law, and the Trump administration continued to use administrative tools to get rid of it.
Congress members sometimes treated the president with disdain in the 19th century.
No one would say that the presidency is unimportant.
This strength is a reflection of the increasing power of the presidency, not a function of personal charisma or political savvy.
Presidents want to dominate the policy-making process and claim the power to lead the nation in time of war.
The framers of the Constitution predicted that presidential ambition would be a force in American politics.
President can expand their power by three ways.
In the first instance, presidents may build or strengthen national partisan institutions with which to influence the legislative process and implement their programs.
Presidents can use popular appeals to create a mass base of support that will allow them to subordinate their political foes.
In the third instance, presidents may seek to bolster their control of executive agencies or create new administrative institutions and procedures that will reduce their dependence on Congress and give them a more independent governing.
The use of executive orders to achieve a president's policy goals is the most obvious example.
The members and leaders of their own party have been relied on to implement the legislative agendas of the presidents.
The president does not control his own party.
Immigration reform was one of President Obama's first-term priorities, but he failed to get Congress to take up the issue.
The president had hoped for a signature accomplishment on the issue of trade in his second term, but it was not to be.
The Trans-Pacific Partnership, an effort to cement trade agreements with the United States' Asian partners, was defeated in the House because too few Democrats would support it.
The creation of an unusual coalition between Obama and the Republicans in the legislative chambers was its ultimate success.
After his inauguration, Trump reversed this agreement.
When he was elected, Obama said he would seek biparti san support for his programs.
The president's domestic and foreign policy initiatives were opposed by Congressional Republicans who saw little to gain from supporting him.
The Democratic majority in both houses of Congress made it easy for Obama to turn to the leadership for support.
After the 2010 election, control of the House was captured by the Republicans, who then won the Senate in 2014; neither Democrat-only coalitions nor bipartisan overtures from the president were sufficient to produce major policy victories.
The Republicans were in control of the presidency and both chambers of Congress after the election.
In the early days of the Trump administration, this was not the case.
The percentage of congressional votes in which the president took a position.
The government was divided in 2001.
Percentages are based on the votes of the other presidents.
The Democrats' capture of the House complicates life for the Trump administration.
It will need to find bipartisan solutions or rely less on Congress and more on executive actions.
In the U.S. system of separated powers, the president's party may be in the minority in Congress and unable to do much for the chief executive's programs.
The president's party doesn't have agenda control when it is the minority.
Their party is valuable to chief executives, but it has not been a reliable presidential tool.
The more unified the president's party is, the more unified the opposition party will be.
To the extent that he pursues a bipartisan strategy, he cannot fully commit himself to building the party loyalty and the party discipline that would maximize the value of his own party's support in Congress.
This is a dilemma for every president, and it is particularly acute with an opposition-controlled Congress.
The role of the filibuster in the Senate should not be underestimated.
A president with a large majority in the House and a good working majority in the Senate may not be able to shut down debate in the Senate.
In the case of presidential appointments, for which individual senators can place a hold on a nomination, putting everyone on notice that the president's pursuit of a particular candidate will prompt a filibuster.
Senate Democrats changed the rules of the Senate in order to eliminate the use of the filibuster for presidential appointments.
The Senate Republican majority took the last appointment obstacle out of the way in 2017: debate on Supreme Court nominations may be closed by a simple majority.
A president can't always rely on his party in Congress.
Popular Mobilization is a technique of presidential power with historical roots in the presidencies of Theodore Roosevelt and Woodrow Wilson.
After the mid-twentieth century, it became a weapon in the political arsenals of most presidents.
Presidents were not allowed to engage in personal campaigning on their own behalf or in support of policies during the 19th century.
Even some of Andrew Johnson's most ardent supporters were shocked at what they saw as a lack of decorum and dignity when he spoke to the public.
Roosevelt was persuaded of the need to form a direct link between the executive office and the public.
A number of tactics were developed by Roosevelt.
Like his predecessors, he embarked on speaking trips to promote his programs.
He told the crowd that he regained strength by meeting the Americans.
Roosevelt made limited use of radio to reach millions of Americans.
Roosevelt was a pioneer in the field of press relations.
He faced a mostly hostile press when he was in the White House.
The fat-cat newspapers have been completely opposed to everything the Administration is seeking.
Roosevelt wanted to use the press to mold public opinion, but he needed to circumvent the editors and publishers who were generally unsympathetic to his goals.
To cultivate the reporters who covered the White House, the president held twice-weekly press conferences, offering candid answers to reporters' questions and making important policy announcements that would provide the reporters with significant stories to file with their papers.
Since Roosevelt, every president has sought to craft a public relations strategy that emphasized his strengths and maximized his popularity.
Since the Clinton administration, the White House Communications Office has been responsible for responding to reporters' queries and for developing a communications strategy that promotes the president's policy goals.
The Obama administration's communications office emphasized the use of social networking in order to reach newsmakers and the American people directly.
Like candidate Trump, President Trump has innovated on his going public strategy with his use of social media.
The distribution of radio ownership in the 1930s was not evenly distributed.
Roosevelt had a similar distribution of relief funds during the Depression.
After controlling for income and unemployment, counties with a high concentration of radio ownership received more relief funds.
The president's reputation was damaged by popular policy.
The office was established in the Nixon administration and used well by Reagan.
Only the first two years of each term are included, because the last two years include many purely political appearances for the president's reelection campaign.
In addition to using the media, recent presidents have reached out to the American public to get their approval.
Pre election upswings are indicated by arrows.
President Trump has relied less on formal speeches from the Oval Office or Congress and more on campaign-style rallies around the country.
It's an almost daily occurrence that he's on his phone.
There are limits to going public.
Some presidents have used popular appeals to overcome congressional opposition, but popular support has not been a firm foundation for presidential power.
After the September 11 terrorist attacks, President George W. Bush had an approval rating of over 70 percent.
His rating fell as American casualties in Iraq mounted and declined through the remainder of his presidency.
Obama began his presidency with a very high approval rating, but after 2010 it fell to the 40s and 50s.
By the time he left office, it had rebounded to nearly 60 percent approval.
Trump began his presidency with low approval and it stayed in the high 30s for nearly two years.
It is almost inevitable that popular approval will decline during a president's term in office.
Reagan and Clinton are the only modern presidents who have left office as popular as when they arrived.
Trump is an exception of a different kind, beginning office with very low popular approval despite promising an active agenda of policy goals.
The tactics of going public have changed.
The public has been fragmented due to the growing heterogeneity of media outlets and the declining readership of mainstream outlets.
New approaches seek to appeal to small p publics instead of going "capital P" public.
Shrinking and fragmented audiences have raised the costs and cast doubt on the effectiveness of presidential efforts to educate and mobilize public opinion.
President Trump's strategy is a partial exception.
The technology allows him to narrowcast to his base, while the coverage given by conventional media magnifies their impact, in effect making him broadcast to the wider public.
The limitations of going public as a route to presidential power have led contemporary presidents to expand their administrative capabilities.
The administrative capabilities of the office have been increased by contemporary presidents.
They wanted to increase White House control over the federal bureaucracy.
They have expanded the role of executive orders.
The components of administrative strategy have given presidents a capacity to achieve their programmatic and policy goals even when they are unable to get congressional approval.
Some recent presidents have been able to accomplish quite a bit without much congressional or public support.
By appointing loyal supporters to top jobs in the bureaucracy, the Office of Management dents make it more likely that agencies will follow the president's wishes.
The Analyzing the Evidence unit shows that recent presidents have increased the number of political appointees in the bureaucracy.
The promulgation of hundreds of rules by the agency charged with administering the law is required when a statute is enacted.
Agencies are left with little discretion by some congressional statutes.
Congress usually gives an administrative agency the power to fill in many important details in a broad statement of legislative intent.
Recent presidents have an important avenue for expanding their power because of the discretion Congress delegates to administrative agencies have.
President Clinton believed he had full authority to order agencies of the executive branch to adopt rules he thought were appropriate, and he issued 107 directives ordering administrators to propose specific rules and regulations.
There were a lot of topics covered in the presidential rule-making directives.
After Clinton ordered the FDA to develop rules to restrict the marketing of tobacco products to children, White House and FDA staffers prepared nearly a thousand pages of new regulations affecting tobacco manufacturers and vendors.
When Obama took office, he appointed the Harvard law professor to head his regulatory review effort, which became an even more important arrow in the president's quiver.
In each of these cases, the president has used tools to circumvent Congress altogether.
When the term began, the Trump administration did not face a partisan disadvantage.
Trump is following the same path as his predecessors in seeking new modes of governance, rule by executive order, because of the growing dysfunctionality within the Republican majority in each chamber.
Executive orders are governing by decree.
The use of executive orders and other forms of presidential decree, including executive agreements, national security findings and directives, proclamations, reorganization plans, signing statements, and others, has a long history in the United States.
In the realm of foreign policy, presidential actions in the form of executive agreements have replaced treaties as the nation's chief foreign-policy instruments.
For example, President Obama took the United States into the Paris climate agreement, and President Trump withdrew from it, entirely on their own authority.
Presidents don't use executive orders to issue commands.
In principle, if a president issues an executive order, proclamation, directive, or the like, he does so pursuant to the powers granted to him by the Constitution or delegated to him by Congress, usually through a statute.
Presidents usually state the constitutional or statutory basis for their actions when they issue such orders.
Also see William G.
"The Presidential Power of Unilateral Action" was written by Moe and Howell.
President Johnson issued an Executive Order.
He said that the order was designed to implement the 1964 Civil Rights Act, which banned employment discrimination.
The courts will void an executive order if it has no statutory or constitutional basis.
A number of court decisions have established broad boundaries that allow for presidential action.
The courts have held that Congress can approve a presidential action after the fact or through "acquiescence" if they don't object for long periods or continue to fund programs established by executive orders.
The courts have indicated that some areas, most notably the realm of military policy, are presidential in character, and they have allowed presidents wide latitude to make policy by executive decree.
Presidential orders can be important policy tools because of the broad limits established by the courts.
Although all presidents have used the executive order as a policy tool, gov ernment by executive order has become an especially common practice since the Clinton presidency, reflecting the growing difficulty of making policy through the legislative process.
Increasing interparty policy differences have raised these costs.
A lesson that was not lost on his successors was that Clinton's frequent use of this strategy showed that an activist president could develop and implement a significant policy agenda.
The creation of military tribunals to try noncitizens accused of involvement in acts of terrorism was one of the most important orders of President George W. Bush.
A federal court ruling blocking the order's implementation spurred a number of legal challenges.
In June of 2016 the Supreme Court upheld the lower court's decision.
In the first hundred days of his administration, President Trump issued more executive orders than any of his predecessors.
The Supreme Court ruled in 2006 that the military tribunals established by Bush were in violation of the Uniform Code of Military Justice.
"Here's the Full List of Donald Trump's Executive Orders" was written by Avalon Zoppo,Amanda Proenca Santos, and Jackson Hudgins.
To act on controversial issues.
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