What is the executive?
Government has three branches: the legislature makes laws, the executive carries them out, and the judiciary settles disputes about them. The executive includes the head of government, ministers or secretaries, and the civil service.
Presidential and parliamentary executives
- Presidential (e.g. USA, Brazil): the president is elected separately for a fixed term, is both head of state and head of government, and is not a member of the legislature. This is a strict separation of powers.
- Parliamentary (e.g. UK, India, Canada): the prime minister is the leader of the largest party in the legislature and needs its confidence. There is a fusion of powers. A separate, mostly ceremonial head of state (monarch or president) exists.
The President and formal powers
Formal powers come from the constitution. They are of two kinds:
Enumerated (listed) powers
- Veto bills passed by the legislature.
- Commander-in-chief of the armed forces.
- Make treaties (need the upper house's approval in the USA: two-thirds of the Senate).
- Appoint judges, ambassadors and cabinet members (with Senate confirmation).
- Grant pardons; propose a budget; give a yearly State of the Union address.
Inherent (implied) powers
Powers not listed but claimed because the president "executes the laws" and leads the nation: executive orders, executive agreements with other countries (no Senate vote), signing statements, and emergency actions in a crisis.
Informal powers and sources of presidential power
- Power to persuade: a famous idea that a president's real power is the power to bargain and convince members of the legislature.
- The "bully pulpit": using media attention to put pressure on the legislature.
- Party leadership: stronger when the president's party controls the legislature (unified government); weaker in divided government.
- Electoral mandate and approval ratings: a big win and high popularity in polls give more influence. Power is often greatest in the first year (the "honeymoon") and falls towards the end of a second term ("lame duck").
- The cabinet and the Executive Office (advisers and staff) help the president lead.
- National emergencies: wars and crises usually increase executive power.
Checks and balances and constraints on the President
- Legislature: can override a veto (two-thirds of both houses in the USA), control spending ("power of the purse"), reject appointments and treaties, investigate, and impeach and remove.
- Courts: judicial review can strike down executive orders and actions as unconstitutional.
- Federalism: states run many policies themselves.
- Elections and term limits: two terms maximum in the USA; mid-term elections can hand the legislature to the other party.
- Media, public opinion and the bureaucracy can slow or block plans.
Imperial vs imperilled presidency
Imperial presidency: the idea that the president has gathered too much power, beyond what the constitution intended, especially in war and foreign policy (going to war without a formal declaration, wide use of executive orders, secrecy).
Imperilled presidency: the opposite worry, that the office is too weak to lead well: blocked by a hostile legislature, courts, a 24-hour media and a huge bureaucracy.
Power tends to swing between the two depending on crises, party control and the president's popularity.
Comparing executives: President and Prime Minister
| President (USA) | Prime Minister (UK) | |
|---|---|---|
| How chosen | Separate national election | Leader of the largest party in the Commons |
| Term | Fixed 4 years, max 2 terms | No fixed limit; can be removed by a no-confidence vote or by own party |
| Relationship with legislature | Separate; can face a hostile Congress | Sits in it; a majority usually passes the government's bills |
| Cabinet | Advisers chosen from outside Congress | Senior MPs; collective responsibility |
| Head of state | Yes | No (monarch) |
A UK PM with a big majority can often do more at home than a US president. But a PM can lose office mid-term, while a president is secure until the next election unless impeached and removed. India's Prime Minister works like the UK model.
Try it: power tower
Stack books to show a leader's powers: one book for each formal power, a lighter one for each informal power. Now ask a friend to take a book away each time you name a check (veto override, court ruling, election). In the 3D, move the slider between imperilled and imperial.
Key formulas and definitions
- Formal power = written in the constitution (enumerated + inherent)
- Informal power = persuasion, party, mandate, media
- Veto override (USA) = 2/3 of both houses
- Treaty approval (USA) = 2/3 of the Senate
- Presidential = separation of powers; parliamentary = fusion of powers
Worked examples
1. Classify: (a) vetoing a bill, (b) a TV address urging people to call their representatives, (c) an executive agreement with another country.
(a) Formal, enumerated. (b) Informal (bully pulpit). (c) Formal, inherent (not listed in the constitution, claimed from the role).
2. A president's party loses control of both houses at the mid-term election. How does this affect power?
Divided government: bills are harder to pass, appointments may be blocked and investigations increase. The president relies more on vetoes and executive orders.
3. Give one argument that a UK PM is more powerful at home than a US president.
With a Commons majority and party discipline, a PM's bills almost always pass, while a president can face a hostile Congress and Senate filibusters.
4. Why can a war make the presidency more 'imperial'?
In a crisis the legislature and public often rally behind the executive, allowing quick action, secrecy and military use without formal approval, which widens executive power.
Common mistakes
- Saying the president makes laws. The legislature makes laws; the president can sign or veto.
- Mixing up inherent and informal powers. Inherent powers are claimed legal powers (e.g. executive orders); informal powers are influence (persuasion).
- Thinking the UK PM is head of state. The monarch is.
- Thinking executive orders cannot be challenged. Courts can strike them down and a later president can cancel them.