19.2.4 The Significance of Informal Powers in the U.S. Presidency Since 1992.

1. Power of Persuasion

Significance:

The power of persuasion is crucial for a President to achieve legislative success and shape public opinion. Since the President cannot compel Congress to act, persuasion is often the primary tool to push through the President's agenda. This power is deeply tied to the President's communication skills, relationships, and ability to influence both Congress and the public.

• Bill Clinton (1993-2001): Clinton's charisma and negotiation skills helped him pass major legislation like NAFTA and welfare reform, even when facing a Republican-controlled Congress after 1994.
• George W. Bush (2001-2009): After 9/11, Bush effectively used the "rally round the flag" effect to secure Congressional support for the PATRIOT Act and military actions in Afghanistan and Iraq.
• Barack Obama (2009-2017): Obama's oratory skills and public appeal were key in passing the Affordable Care Act (ACA), though he struggled with more contentious issues like immigration reform in his second term.
• Donald Trump (2017-2021): Trump's use of Twitter as a direct communication tool allowed him to maintain strong support among his base, though his aggressive style often alienated members of Congress, limiting broader legislative success.
• Joe Biden (2021-present): Biden's empathetic approach and deep relationships in Congress were instrumental in passing the American Rescue Plan and the Infrastructure Investment and Jobs Act, although he has faced challenges with more divisive legislation like the Build Back Better Act.

2. Executive Orders and Agreements

Significance:

Executive orders and agreements allow Presidents to bypass Congress and implement policies unilaterally. This power has become increasingly important in times of Congressional gridlock, enabling Presidents to make significant policy changes without the need for legislative approval.

• Bill Clinton: Clinton used executive orders to advance policies on the environment and labor issues, particularly when facing opposition from a Republican-controlled Congress.
• George W. Bush: After 9/11, Bush issued executive orders that shaped U.S. national security policy, including the establishment of military tribunals and the detention of terrorism suspects.
• Barack Obama: Obama's executive order on DACA protected undocumented immigrants who were brought to the U.S. as children, significantly impacting immigration policy in the absence of Congressional action.
• Donald Trump: Trump's use of executive orders was central to his immigration policy, including the travel ban on several Muslim-majority countries, which bypassed Congressional opposition but faced legal challenges.
• Joe Biden: Biden has used executive orders to reverse many of Trump's policies, including rejoining the Paris Climate Agreement and rolling back restrictions on immigration, highlighting the ongoing importance of this power in shaping national policy.

Executive Agreements

Definition:

Executive agreements are international agreements made by the president without Senate ratification. Unlike treaties, which require a two-thirds Senate majority, executive agreements are informal and can be enacted more swiftly.

Significance:

Presidents use executive agreements to manage foreign policy independently of Congress. This enables quick decision-making on international matters.

Examples:

• Bill Clinton: Used executive agreements in the 1990s to negotiate trade deals and environmental agreements, bypassing the need for Senate approval.
• Barack Obama: The 2015 Iran Nuclear Deal (Joint Comprehensive Plan of Action) was an executive agreement that allowed Obama to circumvent the Senate, though it was heavily criticized and later dismantled by Trump.

Bully Pulpit

Definition:

The bully pulpit refers to the president's ability to use their position and visibility to influence public opinion and push for policy goals through speeches, media appearances, and public statements.

Significance:

The modern media landscape has amplified the power of the bully pulpit. Presidents now use social media and news outlets to appeal directly to the public, bypassing traditional gatekeepers like Congress.

Examples:

• Bill Clinton: Known for his effective communication skills, Clinton frequently used televised addresses to rally support for his policies, such as welfare reform and budget negotiations.
• Donald Trump: Mastered the use of social media, particularly Twitter, to communicate directly with the American public, often bypassing traditional media outlets. His use of the platform allowed him to shape public discourse, attack opponents, and rally his base.
• Joe Biden: Although less reliant on social media than Trump, Biden uses televised speeches and public addresses to build support for key policies, such as his infrastructure bill and pandemic relief efforts.

Agenda-Setting

Definition:

The president has the power to set the national agenda by focusing attention on specific issues through speeches, policy proposals, and advocacy.

• Significance: While Congress is the legislative body, the president often sets the legislative agenda by proposing key priorities in the State of the Union address and during high-profile events.
• Examples:
  • Barack Obama: His focus on healthcare reform culminated in the passage of the Affordable Care Act (ACA) in 2010, despite significant opposition from Republicans.
  • Joe Biden: In 2021, Biden made infrastructure a top priority and succeeded in getting bipartisan support for the $1.2 trillion Infrastructure Investment and Jobs Act.

Use of National Crises

Definition:

During times of national crises, the president can use their position to take extraordinary actions and gain public and political support for significant policy changes.

Significance:

Crises such as wars, economic downturns, or pandemics often expand presidential power as the country looks to the executive branch for swift leadership.

Examples:

• George W. Bush: Following the 9/11 attacks, Bush capitalized on the national crisis to push through the USA PATRIOT Act, significantly expanding government surveillance powers. He also used informal powers to build support for the Iraq War.
• Barack Obama: In response to the 2008 financial crisis, Obama used the bully pulpit and executive power to advocate for the $787 billion stimulus package, the American Recovery and Reinvestment Act.
• Joe Biden: The COVID-19 pandemic allowed Biden to secure support for the $1.9 trillion American Rescue Plan in 2021, providing economic relief and funding for vaccines.

Party Leadership

Definition:

As the de facto leader of their political party, the president plays a key role in shaping the party's platform and mobilizing support within the party for key policies.

Significance:

While not a formal constitutional power, party leadership allows the president to influence the legislative agenda by coordinating with party leaders in Congress.

Examples:

• Barack Obama: Played a crucial role in rallying Democratic support for the passage of the ACA, despite dissent within the party.
• Donald Trump: Used his influence over the Republican Party to maintain loyalty among congressional Republicans, even during his impeachment trials.
• Joe Biden: Biden's role as party leader was pivotal in securing Democratic unity for passing the Inflation Reduction Act, a major piece of legislation targeting climate change and healthcare reforms.

Limitations of Informal Powers

While informal powers are significant, they are not without limitations:

• Judicial Review: Executive orders and actions can be challenged in court, and many high-profile executive orders have faced legal challenges. For example, several courts blocked Trump's travel ban before the Supreme Court ultimately upheld it in a modified form.
• Public Opinion: Presidents are still bound by public opinion. A president's ability to wield informal powers can be constrained if they lose popular support.
• Congressional Pushback: While informal powers allow the president to act independently, they often provoke resistance from Congress, especially during times of divided government